PRESS RELEASE - April 22, 2008

The National Environment and Planning Agency (NEPA) notes with interest an article in the Gleaner newspaper dated Saturday, April 19, 2008 on Page C1 entitled: “Bahía boss says NEPA blocking expansion”. The article makes two significant claims. Firstly, Pablo Pinero, head of Grupo Pinero, has charged that NEPA is blocking his investments to the tune of the US$200 million to expand his Bahia Principe Resort in Pear Tree Bottom, in St. Ann. He also stated that he was given an agreement that he would be able to proceed with this development. Hence, why they decided to invest in Jamaica. 

To begin with, NEPA wishes to emphasise that no agreements which are had external to this Agency hold sway in the granting or not of a permit as it relates to developments. The applications approvals process follows certain set rules, which are stipulated in regulations and guidelines which are made available to all developers by the Agency. These are also available for review by the public at our website: www.nepa.gov.jm.  

The article is also incorrect insofar as it attributes the decision making powers regarding developments to NEPA. These fall under the purview of the Natural Resources Conservation Authority (NRCA), as mandated by the Natural Resources Conservation Act (NRCA). All developments are processed, as a result, in keeping with the laws governing development vis-à-vis their environmental impacts in Jamaica. 

Significantly, an application for Phase Two of the development was granted in early 2007 by the NRCA. However, the decision to grant the permit was later rescinded and the applicant was informed that he needed to conduct a public presentation as referred in the Judgement of Justice Brian Sykes as it pertains to the Pear Tree Bottom case. 

Subsequent to this action, the Pinero Group, through their lawyers appealed our authority to rescind the decision. This appeal was heard on December 6, 2007 and the Minister of Health and Environment, Rudyard Spencer made his ruling. Minister Spencer indicated that: 

The appellant, Hojapi Limited, is to engage in public consultation in accordance with the NRCA’s EIA guidelines in relation to the following documents: 

1. May 2005 Addendum to the Environmental Impact Assessment (EIA) – Bahia Principe Hotel Resort Development dated February 2005 including the Marine Ecology Report
    

2. June 2005 Addendum to the EIA dated February 2005.   

On Monday, February 11, 2008, the public meeting for the Environmental Impact Assessment (EIA) was held at Pear Tree Bottom in St. Ann. In accordance with our guidelines, we are currently processing the comments which were received. The applicant will be informed accordingly of the outcome of the review process.
                                                                                                              

We also wish to note that there is no mention made by the developers of the fact that we have, in the past, worked very closely to ensure their compliance with the terms of their permit and also that there have been acknowledged internal management problems with the developers which have caused delays to this project.