The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

DREDGING in Bimini may begin soon as Resorts World Bimini’s legal team has given the Bimini Blue Coalition what it claims are copies of its dredging approvals and permits.

Bimini Blue Coalition’s lawyer Fred Smith is disputing their claims, however, arguing that the documents sent to his team are not the relevant ones.  

He also suggested that based on the documents sent, Prime Minister Perry Christie may have abused his power in order to grant dredging approvals to Resorts World Bimini developers.

His comments come nearly a week after Court of Appeal President Justice Anita Allen led resort developers into making an undertaking in which they would not dredge until they have notified the Bimini Blue Coalition that they have all the necessary approvals and permits and have provided copies to them.

The dredging will come as part of the resort’s controversial decision to construct a ferry terminal to accommodate the docking of its Bimini SuperFast ferry.

Copies of what is claimed to be all the approvals and permits “required to commence dredging on the development site” are contained in letters obtained by The Tribune which were sent to Bimini Blue Coalition by the resort’s legal team.

They include the “approval of the Minister of Lands and Surveys conveyed by letter of the Director of Physical Planning dated 23rd January 2014 (“letter of approval”)”; a “receipt issued by the Department of Lands and Surveys dated 31st January 2014 for payment of $110,000 as dredging permit fee (“permit fee”); and a “letter of 2nd May 2014 from the Port Department varying the approval (“letter of Variance”)”.

“The letter of approval together with the permit fee constitute the requisite approval for dredging, such approval having been amended by the Letter of Variance,” the letter said.

Mr Smith rejected this claim, however. “As you are aware, under section 6 (a) of the Conservation and Protection of the Physical Landscape of the Bahamas Act, your client is prohibited from commencing any dredging operation except under and in accordance with the conditions of a permit provided for under the CPPLP Act.”

“Under section 7 of the CPPLP Act, the function to grant a dredging permit (which is subject to the payment of the prescribed fee) is expressly assigned to the Director of Physical Planning.”

“The documents you have provided do not contain any dredging permit granted by the DPP.”

“Instead, attached to your letter is a copy of a letter dated 23rd January, 2014 from the Department of Lands and Surveys to your chambers. The letter is signed by the Acting Director of that Department (and not the Director of Physical Planning as you state in your letter) and indicated that the Minister Responsible for Lands and Surveys approved your client’s dredging permit request.”

“We are not aware of any law that authorises the Minister responsible for Lands and Surveys to grant dredging approvals. Unless you can direct us to such a law, it appears to us that the Minister responsible for Lands and Surveys may have acted ultra vires.”

Mr Smith added that in order for the developers to have complied with their undertaking, they must have produced copies of all approvals and permits, including a dredging permit granted by the DPP.

He said: “A dredging permit granted by the DPP is required but none has been produced and obviously none has been applied for or obtained as it is your client’s position that the documents attached to your letter represent all the requisite permits to allow your client to commence dredging.”

Mr Smith added that the “alleged approval” by Prime Minister Perry Christie, who is the Minister responsible for Lands and Surveys, is incomplete as related documents have not been provided to his team.

Mr Smith added that there are other documents that have not been handed over to his team.

He said: “Accordingly, we hereby put your clients on notice that they are not to commence any dredging until such time as they have provided us with copies of all the approvals and permits required to commence dredging per the understanding. Should your clients commence dredging in breach of the undertaking, our client reserves all its rights, including taking appropriate action against your client for break of the undertaking.”

Asked yesterday for a response to Mr Smith’s claims, Resorts World Bimini released a statement to The Tribune saying: “Resorts World Bimini has not yet begun to dredge and will not do so until all permits are in hand and have been presented to authorities and concerned parties as agreed upon with the courts.”