The Draft National Conservation Law (NCL) for the Cayman Islands has been gathering dust for a long time and has been “watered” down at every review by successive governments. The present government, especially with the Minister of Environment Mark Scotland at its head, is probably the worst one ever for considering protecting the environment.

The fact that The Department of Environment (DoE) has asked for and obtained public input and has been quite vigorous in trying to protect our islands from the greedy developers’ mighty bulldozers, has not swayed the minister in charge to support them. It is of very low importance.

Unfortunately at all times the DoE Director and the Council are bound to follow the directions of Cabinet.

As the DoE said recently:

“These directions would be issued by and through the Minister for Environment. The roles of Ministers in the Cayman Islands ….. are prescribed by the Governor in Cabinet. Cayman Islands’ laws set out the roles of various departments and agencies, which fall under the Ministers/Ministries. For example, the Development and Planning Law sets out the roles of both the Department of Planning (in the person of the Director) and the Central Planning Authority, but makes no mention of the role and function of the Minister with responsibility for Planning. This formula holds true for most other Cayman Islands laws and regulations.”

Government’s problem with enacting the NCL is cost. They also see it as a barrier for developers as no developer is going to want to not only pay for the costs of an environmental impact study BEFORE planning permission but to pay for its implementation. The costs are going to fall on us the public. How much, then, are we prepared to pay for the safeguard of 74 endangered species.

Under the new law, if it were passed, would be the first time the DoE’s Conservation Officers would be recognised. It would confer on them the necessary powers to effectively enforce the legislation. At present, DoE’s Conservation Officers currently lack many of the powers they require and thus have no practical legal ability to enforce the laws they are charged with upholding!

Again, who pays for all this? Us.

With the $500,000 fine not having been raised in the Draft from over a quarter-century ago, this gives even more incentive to the Developer to ignore. The only new proposal is to delete the old wording of “up to”. As currently pertains, it will be up to the Courts to determine the level of fine imposed upon conviction. Note: there is no minimum penalty within the Draft NCL.

FIFTEEN years ago the DoE recommended the collection of the Environmental Protection Fees and the establishment of the Environmental Protection Fund, together with the legislation that would have protected the Fund for its intended purposes. This was NEVER put into law.

The Draft NCL has been subjected to almost a decade of (i) public consultation, (ii) agency, group and individual review, (iii) debate and (iv) redrafting in which all constructive input has been incorporated. In its current form the draft law represents significant compromise.

Even after all this, Minister Scotland has hinted that when (and if) it gets to Cabinet, not all (and I bet the words ‘NOT ALL’ will be in capital letters) the laws in the Draft will be included or presented as recommended. He said one should proceed slowly. As nothing has happened I cannot understand how we can go any slower. A snail has overtaken the passage of this law.

However, this inaction may soon be given a big prod by the UK’s Overseas Territories (OTs), our Premier’s favourite department. Their Environmental Audit Committee will be making recommendations soon after examining the submissions it asked for last September. The committee is examining the environmental protections in all of its 14 territories, that includes the Cayman Islands.

The committee will also be looking at how weaknesses in civil society and governance in the territories impact on conservation.

There is NO lawful protection in place here and the Cayman Islands could and should be forced to put it in place in a form that the UK have read, considered and approved.

I know marine wildlife artist and conservationist Dr. Guy Harvey will be pleased. He is leading a petition drive calling on the Cayman Island government to immediately put the National Conservation Law into effect. He is trying to ensure the safety and protection of all stingrays in the country’s territorial waters.

Currently, stingrays are only protected in the country’s designated Wildlife Interaction Zones, Stingray City and the Sandbar, two of the island’s best known tourist attractions.  Dr. Harvey said that outside of the zones there is no protection for stingrays and they can be removed and/or caught and eaten by local residents.

The National Conservation Act would close this loophole.

“The well-being of stingrays affects every single person in the Cayman Islands,” said Dr. Harvey, who pointed out that half a million visitors per year from around the world come to swim and interact with these charismatic animals.  “By signing this petition you are speaking out against the unconscionable acts of harming stingrays, especially when taking them out of their natural habitat.”

As I have been pointing out in a number of articles and editorials, protecting the environment is also a money making project. Both developing and environmental protection can and should work together.

Why does it have to take legislation to make people see it?