Caribbean Environmental Law : Tuesday January 2, 2023

Sectoral and Umbrella

Natural Resources Conservation Authority Act

Umbrella acts can have specialty areas within them.

Natural resources conservation Authority Act : (NEPA

Stockholm Declaration in 1972 (Series of declaraions and concepts to guide the

development of environmental law and jurisprudence).

1992 – Rio Declaration

1982 – Sustainable Development GRU – Brundlant Report

Office of the Chief Parliamentary Council: Legal Drafting- a place to work.

Does the law create a body department or a separate legal entity?

Excluding Financial provisions under the act Natural resources conservation

act : We MUST KNOW THIS ACT.

Protected Areas: Issue of mining the cockpit country.

Consider the functions of the ACT

Consider protected areas: Marine, Heritage and terrestrial

S. 4 (E) Catch all clause – To perform such other functions pertaining to the
natural resources of jamaica as may be assigned to it by the minister

Must consult with JNHT before an area can be declared a protected area...

NEPA must give the green light for all developments in Jamaica.

S.9 (1) The minister may… prescribe…enterprise, construction or development of .

The Entire Jamaica is a prescribed area. My client wants to construct a Hotel, what
do I do. THE NATURAL RESOURCES PERMITS AND LISCENSING
REGULATIONS. AND NATURAL RESOURCES PRESCRIBED AREA
ORDER.

Consider: Environmental Impact assessment.

S. 7 – Any person who contravenes any provisions of subsection 2 shall be guilty

of an offence.

Criminal standard vs Civil standard – reasonable doubt vs balance of

probabilities…

EIA ‘S : People will often object to doing them. S. 10 (1) …

Next Class will be Feb 19 and some time in March, Miss will be travelling.