FOR EXAM COMPARE JAMAICA NRCA WITH ANTIGUA -

Stockholm and then Brundtland report (outlines principles of sustainable

development). Taking environmental impact into account…Remember and always
state that there is a right to development to manage this we consider EIA etc…

NRCA/NEPA – If the agency is of the view that the activity is likely to be injust to
the environment do not grant the permit. The term may not be stated in the act but
certain principles like precautionary or polluter principle etc … state what is the
principle and define and give examples – Polluter principle is that if you pollute a
place you are to clean it up, the polluter must clean it. There is a notice given by
the minister etc… how is polluter principle incorporated in NRCA Act Jamaica and
or Antigua (Enforcement Notice) . Explain how the notice works…Section 12 of
the NRCA Act speaks to applying for a license to release any pollutants- if one
operates without or in contravention of the permit you are guilty of an offence…
S.18 Ameliorating

Precautionary principle : Section 10 - Environmental Impact Assessment – This

assessment is being done by the regulator NEPA, The idea of the EIA is to ensure
that if there is any uncertainty regarding the effect of the EIA – (source Pear Tree
Bottom case…) note however that although it’s a admin law case the principle was
applied, in the absence of scientific certainty there should be no decision.

Part 4 of most Caribbean legislation speak to educating the public – Antigua

example : registers for information , EIA process etc…

Nb : The law in Jamaica requires that you declare a part of or all of Jamaica as a
protected area S.9 NRCA ACT – The minister on recommendation of the NRCA
can declare an area or all of ja as a prescribed area, purpose to control development
(Natural resources permits and licenses regulation-NEPA WEBSITE and Natural
Resources Prescribed area order ie activities you need a permit for check this list to
see whats on it kcg)…

Port Royal Tentative Heritage Site read for the assignment- its available online
Contiguous zone. If there is a question we can draw it- we must know what zone
the fish is in and what is the jurisdiction of the state? EEZ. What is the role of the
state in the EEZ.