The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

The Planning and Subdivision Bill (PSA) 2015 does not promote sustainable development and “dramatically” reduces the public’s right to be informed and consulted about developments, an environmental attorney said yesterday.

  Romauld Ferreira, who was addressing a monthly luncheon of the Bahamas Society of Engineers (BSE) on the proposed Bill, which is intended to repeal the Planning and Subdivisions Act 2010, said that  rather than strengthening and building on the current legislation, it will weaken them.

Mr Ferreira said that one of the key features in the Planning and Subdivisions Act 2010 was that it legislated the requirement for an environment impact assessment (EIA).

“The whole objective it was said to promote was sustainable development. This was a landmark occasion,” Mr Ferreira said.

“Now we see that with the introduction of the Planning and Subdivision Bill 2015, instead of strengthening those provisions and building on those provisions, it will weaken those provisions.  It takes away, and dramatically reduces, the public’s right to be consulted. We find that to be a very egregious wrong.”

    Mr Ferriera, who is also a director of the environmental watchdog, Save the Bays,  said that among the primary concerns with the proposed legislation was that it contains no requirement for land use planning.

“The current law requires that a land used plan be developed throughout the Bahamas.  This Bill omits the provision for  the land use planning. It list the areas that it applies to, and in listing the areas it very seriously omits certain things,” he added.

“It omits the port area in Grand Bahama. It names New Providence island, but leaves out the surround cays and islands,  such as Paradise Island.”

  “It does not require the EIA to be disclosed to the public, and it does not legislate the right of public participation whatsoever,” said Mr Ferreira.

“It allows for bonus zoning, where developers exceed building heights or requirements in exchange for providing features or services of benefit to the public, thereby opening the door for developers to negotiate zoning requirements and give sole discretion to the committee to decide which projects provide suitable public benefit to deviate from the zoning requirement.”    

Mr Ferreira also expressed concern that the penalty for violating the provisions of the legislation is set at $10,000, which he said was a small fine for major developers.