Following a review of the controversial Blue Lagoon developments, the NRCA and NEPA discovered that the developer, Devon Wilson, is in breach of the Beach Control Act and the Beach Control Amendment, despite the developer’s beach licence being issued in compliance with the Act and amendment.
Daryl Vaz, minister with responsibility for information, provided the update in this morning’s Cabinet press briefing.
He said the breaches include three pylons supporting a wooden jetty on the northern section of the property; a seawall constructed on the foreshore and the floor of the sea along the northern and southern boundaries of the property; and coastline modification.
Vaz noted the developer, who is also the operator of Tropical Lagoon Resort, was also in breach of the Town and Country Planning Act, Tree Preservation (Blue Hole, Portland) Order of 1977, by the felling and topping of trees without permission from the Portland Parish Council.
Six other property owners in the Blue Lagoon area were also found to be in breach of the Beach Control Act, Beach Control Amendment, and the Wildlife Protection Act.
Wilson has been served summons, scheduled for mention in the Port Antonio Resident Magistrate Court on June 6.
Meanwhile, Vaz said the NRCA and NEPA are cautious.
“It cannot be ignored that the NRCA does not have a right to prosecute for the development of land, save and except where it can be clearly shown that such development is illegal.
“To date there is little or no evidence that the creation of an artificial beach specifically as it relates to dumping of sand on the property resulted from or is associated with any illegal activity,” Minister Vaz said in a release.
Last month, reports surfaced that Wilson had plans to build an artificial beach at Blue Lagoon.
Environmental watchdog, the Jamaica Environment Trust (JET) has objected to the granting of a beach licence to the operator as an artificial beach would be inappropriate for the natural environment of the Blue Lagoon.
JET has asserted that the clearing and removal of vegetation could result in silt running off into the sea.
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