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Stabroek News

NEPA under heavy load
published: Friday | September 22, 2006

The Editor, Sir:

Since the beginning of the year the National Environ-ment Protection Agency (NEPA) has been criticised for their performance (or lack of performance) in assessing some high-profile development projects (e.g., the hotel at Pear Tree Bottom, Housing Scheme at Kennedy Grove etc.) Their image has been further tarnished by the public row between the Mayor of Lucea over the delay in approving plans for a proposed hotel in Hanover, and the scathing remarks by the judge in the Pear Tree Bottom environmental case.

Although as a land surveyor I have first-hand experience of NPA's inefficiency, I think that a more balanced picture of the operations of NEPA needs to be exposed to the public, so that changes to NEPA to make it more efficient will be based on facts and critical analysis instead of emotions and the desires to find scapegoats.

Responsibilities

Under the National Resources Conservation Authorities Act NEPA has been given enormous duties and responsibilities. These include not only ensuring that developments are done environmentally safe and in accordance with planning regulations and NEPA's condition of approval, but also various other main duties, for example:

Monitoring the emission from manufacturing activity.

The control and licensing of disposal of industrial waste.

To investigate and make recommendations for change of use, and retention of use for properties islandwide.

To make recommendations for modification of restrictive cove-nant for properties islandwide.

To investigate and correlate comments from other government agencies and make recommendations for proposed subdivision and development applications.

With specific regard to proposed subdivision applications, NEPA has overall responsibilities in making recommendations to the parish councils about applications for two lots, or 2,000 lots. This is tantamount to the Attorney-General's office being asked to make a decision on all legal matters for all government ministries, agencies, and departments islandwide. Because of this NEPA is swamped with work that the parish councils could easily, effectively address, and therefore cannot properly investigate large projects and cause even two-lots subdivision to take up to 18 to 24 months to be approved.

Because of this more than 10 years ago the Land Surveyors Association of Jamaica (LSAJ), the Developers Association and other affected parties had discussions with the relevant ministry to formulate and implement strategies to correct the inordinate delay in getting approval for the simplest subdivision development.

Increase fees

The suggestion was made that the fees should be substantially increased (which was immediately implemented) to generate funds for improved delivery of service, that each parish council (PC) would employ a planning officer to improve the quality of decisions made by them. With the advent of the planning officer it was suggested that subdivision of under 10 lots and of properties of under two hectares would be approved by the PCs without mandatorily having to refer them to NEPA. In addition to strengthening the planning expertise of the PCs, the free advice of land surveyors, architects, etc., was solicited and received by most PCs to serve on their Planning and Environment Committee.

Under 10 lots rule

Notwithstanding all these plans and assistance of the private sector, the implementation of the under 10 lots rule has not been implemented in any PC, although a pilot project was announced years ago for some PCs.

The new minister in charge of development and planning needs to implement this under 10 lots, under two hectares scheme immediately, and uncover other strategies to significantly improve the process of approval, to timely approve small development plans which are sustainable and environmentally friendly, so that NEPA can do their investigation of large and medium size projects properly, so that correct development decisions can be made.

I am, etc.,

AINSWORTH DICK

Past President of LSAJ

9 Regal Plaza

Kingston 5

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