NCC chair has ‘grave concerns’ about NCA changes

| 20/06/2024 | 63 Comments
NCC Chair Stuart Mailer reads a statement at the meeting on 19 June

(CNS): Stuart Mailer, chairperson of the National Conservation Council, has said that members have “grave concerns” about possible changes to the National Conservation Act and the misinformation campaign designed to discredit the law and the work of both the NCC and the scientists it depends on at the Department of Environment.

As he opened the council’s regular quarterly meeting on Wednesday, Mailer delivered a statement in which he defended the act, pointed out why it was needed and stressed the importance of science-based decisions.

Mailer said that the NCC had not been “formally or officially consulted on any possible changes to the National Conservation Act” but had become very concerned after CNS published a report about the alleged planned amendments.

He explained how the legislation has not only enabled the government to fulfil its constitutional duty under section 18 of the Bill of Rights, which states that: “Government shall, in all its decisions, have due regard to the need to foster and protect an environment that is not harmful to the health or well-being of present and future generations, while promoting justifiable economic and social development.”

The CIG is also obligated to meet the commitments of several international multilateral environmental agreements, such as the Ramsar Convention on wetlands.

The NCA also enables Cayman to fulfil its responsibilities under the charter signed by the UK and this country in 2001 by the environment minister at the time, McKeeva Bush MP, who is now one of the main political voices railing against the law. The charter he signed calls for the Cayman Islands to integrate environmental conservation into all sectors of policy planning and implementation.

“The various provisions of the NCA are therefore necessary to support and provide for a robust environmental governance framework for the ultimate benefit of the people of the country,” Mailer said.

“All of the provisions of the NCA embody best international practice, such as the Act’s use of the precautionary principle, which acknowledges the likely significant risk of adverse effects or the potential for irreversible damage as reasons to fully consider the environmental implications of all our decisions and plans and to err on the side of caution when all the relevant information is not immediately available.”

Mailer said it was “imperative that the competencies and expertise of the Department of Environment continue to be available to assist” the NCC, and the requirement for “the majority of council members to possess relevant technical or scientific expertise remains a part of the Act”. It is understood that the government wants to remove this part of the law.

Mailer said that the recent rainy weather and the resulting flooding of roads and residential areas made it clear that evidence-based decisions were needed to protect human life, property, the economy and the natural environment.

“Hopefully, it should also be obvious to everyone living in the country that, despite the dire predictions of its detractors, the various provisions of the NCA haven’t impeded economic growth or development,” he said, which is supported by official government statistics.

“The NCC strongly believes that the NCA is extremely important in our collective efforts to preserve our Caymanian identity and our quality of life,” Mailer said. “There is a growing body of evidence which shows that a healthy environment which is underpinned by strong legislative protections is a prerequisite for healthy people as well as a healthy economy.

“The NCC is therefore resolute in its belief that the various provisions of the NCA are absolutely essential for the sustainability and viability of our country now and in the future.” He added that any amendments to the act that dilute the council’s ability to act efficiently or result in poorer conservation outcomes and a substandard environmental governance framework for the people and natural environment were “ill-advised and strongly discouraged”.

Before the law was enacted, the UK conducted an audit of environmental protection frameworks in the UK Overseas Territories. The assessment revealed that along with the Pitcairn Islands, the Cayman Islands was the only one of the 16 UKOTs assessed as ‘weak’ across all areas. In relation to ‘development control’, the report was damning.

It said that the integration of environmental concerns into planning procedures was weak and there were no formal EIA requirements at the time, as it urged the CIG to pass what was then a draft of the conservation bill to address the weaknesses.

The assessment found that the development plan for Grand Cayman was in desperate need of updating, a job the government has still failed to do. It has also failed to draw up plans for the sister Islands, which are now increasingly in the crosshairs of developers.

The UK report criticised the lack of political accountability for decision-making and the poor extent of transparency and consultation, a situation the current UPM government appears to want to return to.

In his statement, Mailer also noted the public interest in a second judicial review of a recent CPA decision to approve an after-the-fact application for the construction of a road in an environmentally sensitive area in the eastern interior of Grand Cayman. He said the CPA had violated the NCA’s consultation provisions, “similar to the unlawful decision on the Boggy Sand road proposal, which resulted in the Grand Court and the Appeal Court finding in favour of the NCC”.

Mailer continued, “Based on legal advice, the NCC filed the judicial review as it appears to be the only legal way to have the unlawful CPA decision quashed and reverted to them for proper consultation under the NCA and in accordance with the recent Court of Appeal judgment.” He noted, however, that the council was still hoping for “a negotiated rather than litigated resolution”.

See Mailer’s statement in full here.

Watch the NCC meeting on CIGTV’s YouTube channel below:


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Category: Local News

Comments (63)

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  1. Anonymous says:

    Why not buy the land from people who are trying to retire or give help to their children? “It seems” the rich foreigners who live on the ocean side who already destroyed the environment are the most concerned?
    Maybe no more projects allowed on any beach? Only on high cliff lands with no sandy beaches? Since we are concerned about sea level rise? All properties on a sandy beach go back to the environment after 20 years? Let us all be right with the environment, cool?

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  2. Anonymous says:

    Morons in Charge!

  3. Anonymous says:

    You know, we’ve blamed expats for a lot of our woes, but this particular betrayal is at the hands of our own. I have rarely been more disgusted and embarrassed by our own people, except when it comes to McKeeva.

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  4. Don't Pave Paradise says:

    The proposed amendments are being discussed behind closed doors without consulting the National Conservation Council and without public consultation. They ignore obligations under the Bill of Rights, the Environment Charter and the rules of good governance. Enough is enough.

    Show your support for the National Conservation Council by signing the petition

    https://www.change.org/DontPaveParadise

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    • Anonymous says:

      similar to Florida and other states this old testament attitude that man was put here to exploit all the natural resources for his benefit and luxury and comfort including dominating women as breeding stock is ultimately destroying our species by destroying our environment. Earth will survive. The question is will we. I don’t have much money but I’m leaving it to the national trust to set aside land it breaks my heart that native comedians in charge of government or eager to destroy it with their fellow rich people coming here. Please keep up the good fight you all!

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      • J says:

        One can surmise that you are referring to the concept of ‘manifest destiny’, which has nothing to do with the Old Testament and/or any other biblical teachings. Manifest destiny, as a concept was introduced into the public’s consciousness in 1845 as an attempt to justify the annexation of Texas from Mexico. At its core it is/was a justification for the spread West of the USA. There is nothing either biblical and/or Old Testament about it. In fact if you and those like you were able to get over your obvious prejudicial hatred, you might open your eyes to know that as it pertains to biblical teachings, we are to be stewards of this earth.

  5. Annon. says:

    Anyone who has read the NCL or has had dealing where they and DOE are involved understand the law has fundamental flaws where land use can be effectively embargoed without due compensation. This is a significant issue where Caymanians are seeing their rights to use their land eroded without due consideration. This is false narrative that Developers are the only ones pushing for a more fair and balanced set of rules. Major issues such as land use, protected species etc. should be put to a national vote and majority required not a select few, for instance ching chings are protected!

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    • Anonymous says:

      Mr. Developer, see your strategy: if you can’t dazzle us with the brilliance of a truthful argument, they baffle us with BS. I’ll, tell you what though. Why don’t we have a national vote on your developments and we’ll see where the people stand with you making tons of money at our expense.

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    • Anonymous says:

      If you have actually read the law, kindly show where it says anything remotely close to what you are saying.

      Major issues such as protected areas and protected species literally go out for public consultation. The people decide.

      It’s the Government that is failing the people by not listening to what we want and only having ears for special interests and major donors who want to be able to illegally bulldoze highways without facing the consequences under the law.

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    • Anonymous says:

      lmao found the dart dancing monkey. this is some of the most focus grouoed corporate talk garbage I have ever read

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    • Anonymous says:

      Only people who want to spread lies and have not read the law at all would say that.

      So you want to kill Ching Ching’s just for fun I take it?

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  6. Anonymous says:

    Louder for those in the back of the room!!!!

    Well said, good sir!

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  7. Anonymous says:

    Mr mailer, why have you not addressed the issue of delegating all your powers to the Director of environment? Why doesn’t the board just do what it’s supposed to and MAKE ITS OWN DECISIONS?! Why is that so hard for you to do if this is actually as important as you claim it is? I for one have never heard your voice, all I have ever seen you do is follow Gina’s directions. The board needs to do what it should be doing holding OPEN PUBLIC MEETINGS not secret meetings where you just sit there and find out what Gina has done on your behalf the last few months. Either it’s important enough for you guys to do what you were legislatively assigned to do, or it’s not! Do you really care?

    Wayne stood in the LA when he brought the nca bill and bravely said that the NCC would be caymans most transparent board ever- well, it could t be further from the truth! This is the single most secretive board that exists here. Maybe if you practiced true transparency and accountability, maybe then people would trust you. At this time it seems like you all are either just doing a civil servants bidding or you’re too lazy to actually meet.

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    • Anonymous says:

      Misinformation Alert. The NCCs minutes, and how each of the members voted, is a matter of public record. The minutes are all posted on the NCC website. The CPA should do the same. You sound like a disgruntled developer. What’s wrong – You didn’t get your way and now you’re going to have a fit and throw your rattle out of the pram?

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    • Anonymous says:

      Honorable Bush & Saunders were on Radio Cayman and they explained this action. They are very smart men and I trust what they said. This man is spreading false news to stir us up. Mr Mario explained it as well so please all you false news spreaders be quite. Our leaders know how to protect Caymanians.

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    • Anonymous says:

      So much misleading rubbish in one post!Where to start?

      For one, the NCC streams its meetings live on youtube, publish their minutes AND individual member’s votes on their website. I’d like to see some other boards commit to that level of transparency.

      Secondly, the NCC delegates to the DOE to gain from the expertise of people (plural) with the technical knowledge to give a proper assessment.

      But if you’re suggesting we have MORE technical experts on the board (not less as being proposed), I’m with you on that one.

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      • Anonymous says:

        Actually, it is you who is either fibbing or uneducated on the NCC. They have a few “public” meetings but the majority is done in illegal “working group” meetings which are not published or public. If the NCC wants to use is powers they should meet every single week just like other boards do and actually do the work rather than letting a civil servant run rogue and make decisions. That’s the truth.

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        • Anonymous says:

          Are you intentionally trying to be obtuse? Of course the NCC (like any right-minded entity) would put together a group of people to study an issue before making a decision. It happens in the private sector all that time. The findings are put on the table and then there’s a vote at a meeting, which is public. Stop trying to confuse this issue by trying to imply there’s something nefarious going on with the NCC when all you want to do is get your way so you can make more money.

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          • Anonymous says:

            That is not what is happening. These secret meetings are making “decisions”. If the CPA did that you would all lose your little minds.

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            • Anonymous says:

              There are no “secret” meetings except for the closed-door meetings Cabinet is having with developers. All the NCC meeting minutes are public.

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    • Anonymous says:

      every Chairman delegates their work…but the men with boxers in the room don’t like it. We all know the CPA doesn’t even try to be transparent with their decisions.
      Go back to your rock hole litte man.

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  8. Anonymous says:

    Did he also speak about why they continue to delegate authority to one individual? Or did he conveniently skip over that part?

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  9. Anonymous says:

    Why are they so afraid of good governance? Doesn’t bode well for their agenda I guess.

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  10. Fiona says:

    Thank goodness we have some sane and selfless people left to speak up for Cayman’s ever-threatened environment.
    Hats off to Mr Stuart Mailer

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  11. Anonymous says:

    Of the UPM Government goes through with this, the sell out of the Cayman Islands by our own people will be complete. Our founding fathers (and mothers) will be rolling over in their graves at how selfish our leaders have become. I won’t live long enough to see the worst of it, but I feel so sad for my children and grandchildren. Shame, shame on the UPM government members.

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  12. Anonymous says:

    Leave it to the UPM and their cronies to destroy our Islands.

    Think about their two latest proposals:-

    Gut the NCC law when the world is trying to become more sustainable

    Roll over teachers when there is a global shortage on teachers.

    Cayman in 2025 we must do better or we are doomed.

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    • J says:

      Cayman cannot and will not do better or be able to do better unless and/or until we the electorate unequivocally demand to be the ones, to the explicit exclusion of any and all others, particularly the MP’s themselves, who are the ones who choose by electoral vote who is to be the premier.

      Moreover, we the electorate need access to a national vote on who is to be given the privilege of becoming an MP. That is just the beginning of what is necessary.

      Anyone or anything which stands in the way of, and/or is in a position to further these necessary changes to the present day system of electoral process, and does not champion the implementation of these necessary changes becoming a reality are a part of the problem, not the solution to the issues which you speak of and we are all aware of.

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    • Anonymous says:

      Anon@11:38. Rolling over teachers! This is what we get when we elect uneducated, not so smart persons to run our homeland. Such elected officials cannot contribute much to our society. We should be trying to hold on to good teachers with both hands. Those who are not performing to the standard expected should not have their contracts renewed. There should be an island- wide endeavor to train our young men and women to be teachers as was the custom in the “good old days”. Once we get them they should be treated well, and well paid.

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  13. Anonymous says:

    Stuart is one of the good guys that should be nominated for National Hero status. Need more like him.

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  14. Anonymous says:

    I understand that the UPM is a disastrous government (how could it be any different with Ju-Ju at the helm?) but I find myself very disappointed in Andre and Katherine. I had hoped that West Bay had finally found representatives with integrity, but instead we have the same-old bootlickers who talk out of both sides of their mouth. I guess we’ll just have to keep voting in different people to see if we can find someone who values Cayman and Caymanians more than power and wealth.

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    • Anonymous says:

      Andre is the one and only good one. I am shocked and a bit ashamed that he still stands beside them.

      • Anonymous says:

        Rumour is he isn’t going to stand behind them on this. I hope it’s true and I hope he runs with a party of people with integrity next April. That party will get my family’s vote.

        • Anonymous says:

          Me and mine as well. I vote in Bodden Town West and I certainly won’t be voting for “you know who” I didn’t vote for him last election and if he is the only option next year I’d prefer to stay in my yard and pull weeds!

        • Anonymous says:

          TY. I have since read this too and pleasantly surprised to see Kathy stand against them too. Sorry I doubted Andre, so glad he continues to stand by what is right.

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  15. Anonymous says:

    If the law is changed cant it be challenged in court on the basis of being unconstitutional

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