Environmentalists are granted judicial review of Beef Island Project

Island Sun, Saturday Sept 15th
Concerned BV Islanders are staying true to the promise they made to ensure that Hans Creek is preserved, and are now taking further action to prevent the proposed 5 star development from being constructed.
Now the Virgin Islands Environmental Council (VIEC) which includes the BVI Fisherpersons Association and the Heritage Group after circulating petitions, staging rallies, and making presentations to His Excellency Governor David Pearey, then Chief Minister (Dr. the hon D Orlando Smith), and Leader of the Opposition, Honorable Ralph T. O'Neal have now taken their issue to the high court.
VIEC Directors, Dr. Quincy Lettsome and Mr. Courtney de Castro both informed the Island Sun newspaper that the Court claim was actually filed by VIEC prior to the general elections. According to the Directors the Court granted approval to the Council to challenge the Beef Island Development Project allowing them to bring 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.
Although much information pertaining to the claim was not divulged, it was disclosed that "the claim for judicial review is based, amongst other issues, on section 51 (1) of the 2003 Fisheries Regulations which provide 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."
The Directors further added that "contravention of this section is a criminal offense and so is aiding, abetting and procuring the same. The Hans Creek Fishing 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 the 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 legislations in the BVI, but provides instead that no development is exempt from meeting the requirements imposed by other laws.
Dr. Lettsome stressed that the VIEC is not against development, in fact he announced that they do welcome developments. However, he said that environmental considerations must be taken into account and the laws pertaining to the environment must be respected and adhered to in order to endure that the environment is left in good standing for future generations.
"What we have done we have challenged the development because it contravenes certain laws pertaining to environment and the area is one of the most unique ecosystems in the Caribbean with fishes, whelks, conch and marine life. It should be preserved as a scientific and recreational area, and therefore as a society we have challenged this development legally"
According to Mr. De Castro the VIEC feels that sustainable development is what the BVI should be aiming for. He disclosed that VIEC is also concerned about the Smugglers Cove development plans.