Concerns raised over Bimini permit validity

Dredging work in Bimini.

As of Thursday, June 5, 2014

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

A LAWYER for the Bimini Blue Coalition raised concerns in the Court of Appeal yesterday over the validity of a permit issued to Resorts World Bimini, pointing to alleged contradictory statements made by officials of the Department of Physical Planning at the Ministry of Environment and Housing.

While lawyer Fred Smith was in court, his law firm received a letter that was later entered into evidence. It was signed by Michael Major, the Director of Physical Planning, on May 14, 2014.

In the letter, which was written in response to the BBC’s requests for information about dredging, Mr Major says: “Please be advised that applications for dredging operations are submitted to the Department of Lands & Surveys, a body that is also responsible for issuing permits. You are advised to contact the agency for further information on the referenced permit and plans.”

Mr Smith submitted that the letter meant that the DPP abdicated his duties as the person responsible for deciding whether to grant a permit over to the Department of Lands and Surveys, which falls under the prime minister’s portfolio.

Mr Smith questioned how the DPP could write the letter and yet his department issued a dredging permit on May 22, just before a Privy Council hearing.

He called the permit dishonest.

Court was adjourned yesterday to allow the government and the developer to file an affidavit dealing with the new issue.

The BBC is appealing the Supreme Court’s decision to lift an injunction on dredging activities in Bimini.

An injunction was placed on the activities by the Privy Council last month and the developer was given the freedom to have the injunction lifted by proving the validity of the permit it received on May 22 that was signed by the Acting Director of Physical Planning under the Conservation of the Physical Landscape of the Bahamas Act.

Sickened 9 years, 10 months ago

Can someone please let me know the amount that Resort World Bimini is getting fined for dredging for some 8 days without approval? Surprisingly I have not seen this issue discussed. AND if there is no fine then we Bahamians are free to dredge up any reef or sandbar that happens to be in our path (or is it just foreigners that can dredge without permits?). Do I need to put an application in before I begin dredging in order to avoid penalties? Will I only get fined if I begin dredging without a filed application? Is documented approval even necessary or is an application to dredge considered approval in principal so that dredging can commence immediately upon filing an application?

Sickened 9 years, 10 months ago

Also, what are they doing with all that sand? I understand that any sand being removed belongs to the government and cannot be used for personal use. Is Resort World Bimini purchasing this sand back from us? If so, at what rate?

Cobalt 9 years, 10 months ago

Wow. Those are some really intriguing questions that demand prompt responses by our government.

DillyTree 9 years, 10 months ago

The whole thing reeks of dishonest -- not just the permit. And they didn't even bother to try and hide it by backdating it.

Perhaps the lawyers should try a different tack and sue the dredging company for the damage caused to the sea bed for the 8 days prior to the issuance of the permit. Afterall, when ships leak oil or run aground in the Bahamas, they are responsible for the cleanup and repair costs. Why does this not apply here?

proudloudandfnm 9 years, 10 months ago

Actually they are using the sand to reclaim land. Right on top of an estuary. I was not aware they were approved to create more land with this dredging.

TRIBUNE would it be at all possible you guys an actually do some investigative reporting? They are completely covering the bone fishing grounds/estuary/lemon shark spawning grounds with this dredge and not one word from you on it!