The Tribune

By NEIL HARTNELL 

Tribune Business Editor 

nhartnell@tribunemedia.net

ENVIRONMENTAL regulators gave the go-ahead to an Athol Island developer just one month after ordering him to “cease and desist” unauthorised construction activities at the same location.

The Department of Environmental Planning and Protection (DEPP) yesterday revealed that despite issuing three such orders to Andrew Hanna - at least one of which remains in effect today - it nevertheless granted a certificate of environmental clearance (CEC) that permitted him to construct a dock on the island off New Providence’s north-east coast.

The Ministry of the Environment and Natural Resources, in a statement issued on DEPP’s behalf, said Andrew Hanna initially applied in January 2024 for a CEC permit to develop a restaurant, rest area and dock on an island that sits at the heart of a Marine Protected Area (MPA), well-known for its fish and marine life, and is also a site of historical sig- nificance given its past as a quarantine station.

However, upon undertaking a site visit to Athol Island, DEPP officials found construction of the restaurant and rest area was already underway. And, despite issuing the first “cease and desist” order to Mr Hanna to halt such activities, the environmental regulator granted him the requested CEC - for the dock only - on February 16, 2024, on the understanding that any other development would face further review.

Adrian White, the St Anne’s MP who first raised the alarm over questionable development activities on Athol Island, yesterday voiced surprise to Tribune Business that the DEPP would proceed to grant the CEC application - albeit restricted to the dock - when it had found Mr Hanna engaging in unauthorised construction activities that lacked the necessary approvals.

He added that “while the light is red” at present, in terms of the restaurant and rest area activities being halted, it will likely “eventually turn green” and the developer will “end up in the clear” and be able to proceed with the project despite the prior violations.

Describing this as “unacceptable” to the Bahamian people, the Opposition MP argued that “if developers misuse our patrimony once” they should not be given the chance to “abuse it again” but instead required to correct any damage caused and withdraw.

He spoke out after the Ministry of the Environment and Marine Resources revealed DEPP had issued no less than three “cease and desist” orders to Mr Hanna’s Athol Island project in just over six months, including one that was imposed on the same day - Wednesday, July 17 - that Mr White again raised the issue in the House of Assembly.

The Department of Environmental Planning and Protection received an application for a certificate of environmental clearance (CEC) from a Mr Andrew Hanna in January 2024 to install a wooden dock, a rest area and a restaurant on Athol Island,” the ministry said in its statement yesterday.

“A site visit was conducted of the area. At the time of the site visit, the construction of the proposed rest area and restaurant was in progress. A cease and desist order for all activities onsite was issued.” However, just weeks later DEPP granted the CEC for the dock only.

“After further review, a CEC was issued in February 2024 for the construction of a wooden dock. It was always understood that any other activity would require further environmental review,” the ministry added. It made clear that the CEC permit was not an approval for construction activities, and that Mr Hanna needed to seek the relevant building approvals from the Ministry of Works and its agencies.

Yet DEPP’s January 2024 site visit also revealed a seawall was under construction, with the ministry stating: “It is unclear as to whether the appropriate building permits were obtained for the construction of the seawall.” Construction permits, it added, could only be obtained once the CEC is issued.

Two more cease and desist orders were subsequently issued to Mr Hanna after further concerns were raised over Athol Island development. “In April 2024, the Department conducted a site visit in response to reports that the construction of the rest areas and a restaurant were underway on the property,” DEPP said.

“Accordingly, a cease and desist order was issued to Mr Hanna. Upon investigation, there were signs of oxidised limestone and wood, indicating that the disturbance was not new or active. The cease and desist has since been lifted.” Then, the concerns raised by Mr White led to another being imposed.

“The matter was raised again in the House of Assembly on July 17, 2024. Out of an abundance of caution, a cease and desist was issued until the Department was able to conduct a comprehensive review of the entire site and meet with the environmental consultant of record,” the Ministry of the Environment and Natural Resources said.

“Officers of the DEPP conducted a site visit on that day to determine if any activities outside of those for which clearance was issued were being conducted. It was determined that the site was predominantly unchanged since the April 2024 visit. The cease and desist remains in place.”

Mr White, summing up what the release meant, told Tribune Business: “Despite a developer being in breach they went ahead and gave a CEC in February for the dock. The concerns are clear and they are continuing....

“What seems to be happening is while the light is red, the expectation is it will eventually turn green for this developer despite the violations on this project to-date. All this is attempting to do is for the developers to stop and correct themselves and, once they do that, they will end up in the clear in a marine habitat which is the complaint by the Bahamian people.”

Mr White, who previously alleged that “the relative of a high-ranking MP” is among those involved in Athol Island development activities, said he was “thankful” to the Ministry of the Environment and Natural Resources, DEPP and the latter’s director, Dr Rhianna Neely-Murphy, for laying out the sequence of events as they occurred.

He added, though, that there had been “accusations of egregious breaches of environmental laws”, and said: “Overall the picture being painted for the people is unacceptable and, while they know the red light is the only light seen, the public can already anticipate the green light will be given to this developer for the dock, rest area and restaurant, all of which should be removed.”

Suggesting that “a free for all” had been occurring on Athol Island, with various groups treating it as “untouched land like Christopher Columbus claimed”, Mr White questioned why DEPP had not required any dock to face similar restrictions to those in the Exuma Cays Land and Sea Park where they can only extend out ten feet from the cay’s edge.

The St Anne’s MP also argued that all developments found to have acted “contrary to the laws of the Commonwealth of The Bahamas”, and in breach of environmental and other laws and regulations, should be required to “cease, desist and not permitted to proceed” even after corrective action is taken.

“If you have been wrong once with our Bahamian patrimony, we will not put it at risk for you to be wrong again,” Mr White told Tribune Business. “I’m thankful the [DEPP] director and her team have gone out there since I raised it in the House.

“I would like her team to follow through on the suggestions of myself and right-thinking Bahamians that if a developer misuses our Bahamian patrimony once they should be given the opportunity to correct it and not risk it being abused. They should correct it, their lease be rescinded, whether it’s a parcel of land or seabed.

“Whichever developer it is should make the change and no longer have the rights given them by the Government. Acting in accordance with the law is not an option. It is the law. If you act outside the law there are consequences, and that’s the appropriate consequence for anyone in The Bahamas carrying on under an act first, ask later policy. That’s not a policy I would ever support as a minister.”

Athol Island lies 0.75 miles east of Paradise Island, and was once eyed by former Atlantis owner, Kerzner International, as a potential golf course location. That proposal was subsequently dropped, as it is a site of historical significance and sits at the heart of a Marine Protected Area (MPA).