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Beef Island Project Project News
September 18th, 2007 3:23 PM
Beef Island

The newly launched Virgin Islands Environmental Council has been granted approval of the court to challenge the Beef Island Development Project by bringing a claim for judicial review of the former Chief Minister’s 31st January decision granting planning approval for the 5-star hotel, mega-yacht marina and golf-course development on Beef Island.

The claim for judicial review is based, amongst other issues, on s.51(1) of the 2003 Fisheries Regulations which provides that “no person shall carry out any development activity, whether terrestrial or otherwise, which may or is likely to adversely impact on a marine protected area.” Contravention of this section is a criminal offence and so is aiding, abetting and procuring the same.

The Hans Creek Fisheries Protected Area is protected by this law and scientific evidence shows that the development of the proposed golf course and marina at Beef Island will have irreversible adverse environmental impacts on this protected fisheries habitat. This, in addition to other relevant issues, would have the effect of rendering the planning approval void for illegality. The Planning Act does not override other legislation in the BVI but provides instead that no development is exempt from meeting the requirements imposed by other laws.

A successful claim will mean that the new Government can go back and take a fresh look at the development proposal, this time coming to a decision that is within the scope of the law, thus protecting our most importance resource – our natural environment.

For further information contact viec@bvihcg.com.


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Posted by Pam Romney on September 18th, 2007 3:23 PMPost a Comment

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