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The Bermuda Environmental and Sustainability Taskforce
Charity Reg. No. 858
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Ombudsman - Today's Choices, Tomorrow's Costs
The Ombudsman’s Report performs a valuable and much-needed service in helping the public and policy-makers to understand and appreciate the usefulness of Environmental Impact Assessments. The following is the second in a series of BEST commentaries on the Report intended to assist this understanding and appreciation, particularly as it applies to the Special Development Order (SDO) issued for Tucker’s Point Club (TPC).
The Ombudsman in her Report on Special Development Orders stated that “... it is a mistake in law not to conduct an Environmental Impact Assessment (EIA) prior to approval of development proposals that are major or likely to have significant adverse effect on the environment.” (see “Today’s Choices — Tomorrow’s Costs:” Exec Summary, pp. 9-10, 13). The Ombudsman is basing this in part on the commitment made by the Bermuda Government to the Environment Charter, which it signed onto on September 26th, 2001. In Clause 4 of the Charter, the Bermuda government commits to “Ensure that environmental impact assessments are undertaken before approving major projects. . .” [emphasis added].
An EIA is an assessment of the possible positive or negative impact — environmental, social and economic — that a proposed project may have on a community. Its purpose is to ensure that decision makers are fully informed of these impacts before deciding whether to proceed with a project.
In the Executive Summary of her Report, the Ombudsman reinforces that the purpose of an EIA is to gather information to identify risks, examine ways to mitigate them, as well as explore alternatives to development proposals. In addition to this, EIAs can bolster transparency, public consultation, disclosure and input.
A properly conducted EIA would accomplish the following: • identify the true costs of economic activity today that could adversely affect the environment for generations to come; • guard against approval of development that cannot realistically be carried out; • promote transparency and public trust; • mute suspicions that information is deliberately withheld and that the grant of SDOs benefits the interest of a few rather than Bermuda as a whole; • ultimately secure inter-generational justice through the principles sustainable development (see Exec Summary of the Ombudsman’s Report).
During the public discussion that was taking place on the Tucker’s Point SDO Jan – Mar 2011, BEST continually raised the issue that the SDO was being granted in principle, by both houses of the legislature of Bermuda, without the benefit of an EIA process to support this decision. In doing so the legislature was forced by the government to act contrary to the agreed-upon guiding principles for the UK Government and Government of Bermuda (see pp. 5 of the Ombudsman’s Report). Once this had taken place, as the O points out in her Report, no matter how flawed the legislature’s decision was later found to have been, it would have then been awkward for the Development Applications Board (DAB) to overturn in-principle approval already granted by the legislature.
Had it insisted that an EIA be conducted before the granting of the TP SDO, the Bermuda Government would have upheld its commitment to the Environment Charter. It would have been seen as fulfilling its obligation under the Charter by beginning the additional steps to develop the process and standards in carrying out EIAs. Without the benefits of a timely EIA the legislature was deprived of information it needed to make an informed decision and, consequently, the public interests were poorly served.
Our next commentary will look at the remedies offered by the Ombudsman’s analysis of legislative SDO decisions in general and the TPC SDO in particular.
BEST backs study showing Island could get one fifth or its energy from wave action
A one-year study has confirmed that Bermuda is capable of drawing a significant portion of its energy from the ocean.
BEST calls on Government to adopt a more assertive thrust in encouraging energy conservation as well as environmentally friendly strategies.
Cyrus Trust Appeal denied, Zanzara Trust withdrawal of application - BEST response
These decision, while welcome in that they bring a degree of closure to two long-festering matters, do not adequately address the fundamental issue that because both applications were inadequate or inaccurate, or both, they SHOULD NOT have been attended by the DAB and therefore should never have reached the Environment Minister's desk. For whatever reason, the DAB rendered decisions in both cases based on flawed applications. Those decisions were then the subjects of appeals. It is our opinion, however, that as much as a year ago, both applications should have been turned back to the applicants and not left to occupy undeserved place and time in the DOP files and on the Minister's calendar.
Had this taken place, it could have saved the time and energy of individuals and organisations like BEST who have had to mount a protracted campaign merely to get a result that should have been a "no-brainer."Had this taken place, it would have saved former Environment Minister Roban from his rushed approval of the appeals on his last day in that office, yielding a profoundly different result to his public service career.
As it now stands, the current Minister's decision on The Cyrus Trust appeal and the withdrawal of the Zanzara appeal infer that these were legitimate appeals that were entertained and/or decided on their merits. In the interest of a healthy and credible application process in the future, we would encourage the Department of Planning and the Development Applicant Applications Board to strictly uphold their standards for accepting applications, knowing that the failure to do so can, as in this case, cause time, energy and effort to be wasted and credibility to be lost.
BEST calls for Truth in Advertising at Grand Atlantic
Media Release from the Bermuda Environmental Sustainability Taskforce 29 April 2012 Contact: Stuart Hayward 704-4334 < This e-mail address is being protected from spambots. You need JavaScript enabled to view it > ~~~~~~~~~~~~~~~~~~~~~~~~~~ The Bermuda Environmental Sustainability Taskforce (BEST) calls for truth in advertising at the Grand Atlantic
It has come to our attention that the Bermuda Housing Corporation (BHC), a Quango of the Bermuda government, is promoting the Grand Atlantic condominiums with inaccurate and misleading advertising (see Grand Atlantic 25.25 x 11 Foldermap.pdf). In its brochure BHC claims, “… With access to acres of park grounds and a beautiful, secluded beach at Southlands National Park, the location is perfect for outdoor living and nature enthusiasts.”
The reality: there is no such entity as the “Southlands National Park”. The Southlands Estate, saved from development by public activism, is slated to be swapped for land at Morgan’s Point, but has not been formerly legislated as parkland or anything else. While the land swap may have been finalized (or maybe not), there has been no such formal declaration or announcement. The absence of an announcement and an event lauding the dedication of Southlands as a “National Park” is unmistakable evidence that the future status of the Southlands property is still in limbo. We are aware that if the land swap is not effected, the Southlands property will remain in the hands of its current owners and, as private property, be unavailable to Grand Atlantic residents. Based on experience, we can only be sure that Southlands will become a National Park is when it actually happens — anything else is purely speculation.
The brochure also claims that the development is "set amidst lush, landscaped gardens that feature a variety of local flora." Perhaps this is what the developers hope to achieve but certainly is not the case now. There are no photos of lush gardens or any gardens at all. As for “local flora”, the existing vegetation includes “scheflerra”, a plant now officially regarded as invasive!
The claim of “traditional building methods” is almost ludicrous. Densely-packed multi-story condominiums with not a single limestone wall is definitely not in the Bermuda house-building tradition.
One block of units is within spitting distance of a heavily used main road — certainly not a “tranquil view” as the brochure claims. The promotional material omits showing the overall site plan for ALL of the units. We must ask — Why isn’t the overall site plan and elevations being made public so Warwick residents, potential buyers and the Bermuda public can better gauge the “tranquility” of a development of this SCALE and DENSITY built this close to the main road? Observers can see large areas of excavation at the site but the public still has no graphic depiction of where these three-storey buildings and a hotel are going to be fitted onto this already crowded site.
Additionally, the last signal the public has had from the government about a name for the area was that the park was going to be named after Pauulu Kamarakafego (Roosevelt Browne). It is misleading to promote the as yet non-existing park by its current name, all the while knowing that that name is going to be abandoned and the area renamed.
While we don’t expect that aspects of the development like the densely populated neighbourhood, the development’s close proximity to a heavily traveled road, or the recently buried rubble-dump would be included in promotional material, neither does the public expect the development would be so openly mis-advertised. We trust that potential consumers will carefully review this and other advertisements for the development with a cautious and discerning eye.
The public deserves a rapid correction and revision of the promotional materials to reflect the truth. We look forward to truth in advertising at the Grand Atlantic. Grand Atlantic – A Dump Site?
Alert citizens photographed what appears to be illegal dumping at the Grand Atlantic site. A Dept of Planning order in response to a violation of the BCB Code Sec 29 3 April 5 2012 stated “All dumping must cease and offending material removed” – from the photo (and observers) it seems it was “removed” to this onsite trench. An Earth Day invitation from the Vegetarian Society of Bermuda
Earth Day – Every Day – Join us at the Better World Forum 2012
All day each day April 21-22 and April 28-29, 2012
The Campaign for BEST Bermuda would like to invite you to the Better World Forum 2012 - an online, virtual conference and exposition featuring seminars, screenings, interviews and panels featuring Archbishop Desmond Tutu, Jack Healey, Dot Maver, Rev. Deborah Moldow, Occupy Movement Organizers and many other distinguished leaders and teachers on the cutting edge of cultural, economic, environmental and political change.
Visit our special Forum page - www.betterworldforum2012.com/best to find out more and receive a 25% discount on Better World Forum tickets! The entire cost for both weekends will be $29USD instead of $39USD. We look forward to your participation in the Better World Forum 2012! Devonshire Marsh Under Threat
Devonshire Marsh Under Threat from BEST on Vimeo. If you want to help protect Devonshire Marsh, send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it DEVONSHIRE MARSH – UNDER THREAT
VSB-TV Tuesday 27th March at 8 pm for the BEST presentation of "Devonshire Marsh Under Threat” Devonshire Marsh – what makes it worthy of stringent, permanent protection?
Unique marshland area Offers some of Bermuda’s finest arable land Last home to Bermuda’s few remaining endemic & native plants Refuge to one of the highest biodiversities of freshwater aquatic life in Bermuda Area of scientific interest Key site in climate change research Hugely valuable wetland – aquifer & bird sanctuary
Devonshire Marsh is recognized for its aesthetic, scientific and economic value through zoning restrictions and Protected Species Order 2012.
Despite this recognition and protective orders a developer is trying to irrevocably convert several acres of this best remaining example of extensive marshland into an industrial zone!
Learn the story of this threat and how the Environment Ministry can prevent its destruction and save this jewel in Bermuda’s necklace of open spaces - tune in to VSB-TV on Tuesday 27th March at 8 pm for the BEST presentation of "Devonshire Marsh Under Threat”. More Articles...Page 1 of 2 «StartPrev12NextEnd» |
