ForimmediatereleaseonorafterMay15,2013

Seekstemporaryinjunctiontopreventfurtherdredging SavetheBaysFilesLegalActionAimedatReclaimingCrownLand
A leading environmental group representing hundreds of supporters has filed an action in the

SupremeCourt,seekingajudicialreviewprocessthatcouldforcegovernmenttoshutdowndredgingat NygardCayandallowittoreclaimwhatitcalledCrownLandatSimmsPoint. The debate over what has been called "unauthorised dredging of the seabed" at Simms Point,

the residence of fashion mogul Peter Nygard, has brewed for some time and in 2010, the celebrity designer was ordered by the government to return the land to its original state. Tensions in the Lyford Cay community built as the Nygard property did, but this is the first time a legal action related to construction activities affecting the seabed has been filed against Nygard. The outcome of the action couldcausethecourtstodecidewhatistobedoneaboutwhatstartedoutasathreeacreparcelthatis nowmorethansixacreswithitsexpansion,detractorsclaiming,impactingCliftonHeritagePark,causing erosionanddamagingthefragilecoralreefthatexpertshavesaidatonetimewashometo"theworld's mostbeautifulelkhorncoral." The action was filed by Callenders law firm on behalf of Save the Bays (formerly Coalition to

Protect Clifton Bay), the new umbrella organisation. Respondents include several government departments, the Town Planning Committee, Peter Nygard and Mr. Nygard's associate, former ambassadortotheenvironmentKeodSmith. "We are seeking a judicial review on the basis that Save the Bays represents the collective

interests of persons committed to protecting Clifton Bay and other parts of The Bahamas of particular environmental interest," said Fred Smith, QC, Callenders. In addition to judicial review, the action seeks an interim injunction restraining Nygard and Smith from continuing what it called "unauthorised construction and dredging." It also alleges that Nygard and Smith are trespassing on Crown land.

Specifically, it cites construction of a groyne, dredging of the seabed, demolition of an existing dock at Jaws Beach, construction of a new dock on the sea bed and beach and the placement of large boulders onthewesternedgeofthepublicboat rampatJawsBeach.Theallegeddamagetothereefandseabed hasbeendocumentedinmorethanonedozenindependentstudies,accordingtosupportersofSavethe Bays. The Lyford Cay Property Owners Association, representing more than 400 homeowners, has also goneonrecordopposingtheactivitiesatNygardCay. In a nutshell, the judicial review seeks to determine whether the rule of law applies in The

Bahamasornot,saidFredSmith. Legal experts say the action asks Government to "exercise its statutory powers, given for the

purposes of maintaining the environment in relation to the unlawful reclamation of Crown Land and unpermittedconstructionactivitiesatNygardCayandJawsBeach."Thesuitallegesthattheworksbeing carried out "without the requisite permits and approvals constitute offences under the Planning and SubdivisionAct,theBuildingandRegulationActandtheCoastProtectionAct." Initially called the Coalition to Protect Clifton Bay, the organisation announced its name change

toSavetheBaysinearlyMaytoavoidconfusionwiththeoriginalcoalitiontosavethehistoricareaeast of Lyford Cay for the Bahamian public when it was the target of developers some 14 years ago. At that time,thecoalitioncalledforthecreationofalandandseaparkbutonlythelandparkwascreated.The originalcoalitioncontinuestocallfortheseaparkandhasexpressedconcernaboutactivitiesatNygard Cay. With many of the same supporters in both organisations, Save the Bays is also urging passage of a FreedomofInformationActandanEnvironmentalProtectionAct.