VIEC Update!

Several months ago, we blogged about the historic Beef Island case. The case involved judicial review of the former NDP Government's planning approval for a five-star hotel, marina and golf course that would destroy the scientifically documented biologically important Hans Creek Fisheries Protected Area in Beef Island, BVI. (Beef Island is the 6th largest of the BVI, 918 acres. It is situated directly east of Tortola and connected by a short two-lane bridge. For those on a catamaran charter, you probably know it for Trellis Bay and the Terrance B. Lettsome International Airport). The case received international attention and acclaim, including the support of Sir Richard Branson, owner of Virgin Atlantic Airways and Mosquito and Necker Islands. Sir Richard provided discounted flights on his airline for the legal team who came in from the UK. Anyway- we promised an update when the verdict came in....

The Virgin Islands Environmental Council emerged victorious when Justice Indra Harisprashad-Charles handed down a judgment finding the approval of the Beef Island project illegal. The two year legal battle began in July 2007 when VIEC, a group of concerned fishermen and residents, filed an application in the High Court seeking judicial review of the January 2007 decision by former Chief Minister Smith to grant planning approval of the project. The golf course and marina were located next to and partially within the Hans Creek Fisheries Protected area. Contrary to arguments by the Government and the developer, Justice Charles ruled that Hans Creek is a Fisheries Protected area within the meaning of the Fisheries Act. The Fisheries Regulations provides that no development activity can take place which may or is likely to adversely affect a fisheries protected area. Besides the fact that this was the BVI's first environmental case, the outcome was very meaningful for several reasons. First, it establishes that there are laws and procedures in place for the protection of the Virgin Islands environment and these laws should be observed by all, especially by the Government. Second, this is the first time Virgin Islanders and residents have come together as a group to take such a public stand on an environmental issue, and in this instance, the people's position has been vindicated by the court. Third, the ruling sets an example for others throughout the Caribbean that they can be heard when challenging these types of ecologically destructive mega-developments. The VIEC has focused on the Beef Island case since its inception, but now the group realizes that there are many other serious challenges facing the BVI community. It is their hope to expand its focus in the near future. Three cheers for the BVIslanders for protecting the natural beauty of their islands for all to enjoy- including those of us that spend time there on a catamaran charter! - Donna

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