The Tribune

By RICARDO WELLS

Tribune Staff Reporter

rwells@tribunemedia.net

LAWYER Romauld Ferreira yesterday said that the government’s proposed changes to the Planning and Subdivisions Act could “grandfather in” a number of unregulated developments despite public outcry.

The Save the Bays director made the claim during a presentation to the Bahamas Society of Engineers on Wednesday, insisting that the Christie administration is attempting to take away the right of Bahamians to due process in the development of the communities around them.

Mr Ferreira further suggested that the government is working to fast track the changes because it would limit the need for public consultation, environmental impact studies and disclosures of heads of agreements connected to major projects.

The Planning and Subdivisions Act was passed by the former Ingraham administration in 2010.

According to Mr Ferreira, while the legislation was not perfect, it gave Bahamians for the first time a valid voice in matters of development.

As proposed, the Planning and Subdivisions Bill 2015 would repeal the 2010 law, a move many experts have suggest would weaken the original legislation to a degree where developers could bypass critical stop gaps in place to protect the natural environment of the Bahamas.

“So now we see the introduction of a Planning and Subdivisions Bill, which instead of strengthening those provisions and instead of building on those provisions, will weaken those provisions. Essentially (it would) take away and dramatically reduce the public’s right to be consulted. We find that to be a very egregious wrong,” he stated.

The new bill would require consultation on some developments, while others - repairs to harbour installations, any and all dredging, land reclamation and works to ports and harbours that are not a part of an infrastructural project - would be allowed to proceed without public consultation.

Current projects that would fall under these guidelines include Blackbeard’s Cay, Nygard Cay and aspects of the Resorts World Bimini’s project.

Additionally, any developer found to have developed a project on Crown land or any property without the proper approval is no longer require to demolish the structure but, would be made to pay a $10,000 fine if convicted.

Moreover, the minister with portfolio responsibility of the proposed bill would now effectively hold all power of decision making in matters of approval.

Mr Ferreira called the new bill short sighted, contending it would lend itself to exploitation.

“If you remove the safeguards that promote sustainable development, then we are setting ourselves up for total economic collapse. You want projects that blend in with the environment. You want projects that fit in with the community.

“The way to develop an economy isn’t to get rid of the safeguards that promote sustainable development. The way to develop an economy is to promote and develop safeguards that promote sustainable development so that we can get these developments.”

The proposed bill can be accessed on the government’s website and the Save the Bays’ website.