Bigger fines for environmental breaches

The House of Representatives approved amendments to the Natural Resources Conservation Authority (NRCA) Act and the Wild Life Protection (WLP) Act on January 14, to allow for an increase in fines and related custodial sentences.

Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Matthew Samuda, said both laws are administered by the National Environment and Planning Agency (NEPA). Samuda said since its promulgation in 1991, the NRCA Act has never been amended, while noting that the Wildlife Protection Act has been amended several times, with fines updated in 1998. He pointed out that environmental crimes are growing at an annual rate of five to seven per cent globally, creating lasting damage for habitat, species, people's health and for the revenue of governments and business.

"A similar trend is observed in Jamaica with respect to environmental crimes. There has been a significant and steady increase in the number of environmental offences over the last two decades. One of the main reasons for this increase has been attributed to the low level of the penalties for offences under the NRCA Act and the WLP Act. It is widely recognised that the level of fines under these two pieces of legislation currently do not act as a deterrent to non-compliance," Samuda said.

"To be effective and efficient, imposition of criminal sanctions must be coupled with an increase in enforcement action by NEPA, including the identification and apprehension of offenders in a timely manner," he added. Samuda said that in amending the penalties under both the NRCA Act and the WLP Act, a body corporate that commits an offence under the legislation will be liable to a fine not exceeding $10 million.

The minister informed that in response to the inadequacy of the existing penalties under the NRCA Act and the WLP Act, NEPA has instituted a number of cooperative intervention measures, to further bolster its monitoring and enforcement regime in fostering a culture of compliance with environmental laws. He said that the increased penalties, coupled with other regulatory action, are expected to act as a meaningful deterrent to potential offenders, while adding that the level of the monetary penalties and related custodial sentences as proposed, are subject to the jurisdiction of the parish courts.

"It is important, however, that this House understands that the penalties that will be applied to offending corporate bodies will be dealt with now by the Supreme Court," Samuda said. Regarding the discharge of any sewage or trade effluent or any poisonous, noxious or polluting matter, without or in nonconformity with a licence for the purpose granted by the authority, the penalty has moved to a fine not exceeding $5 million or imprisonment not exceeding five years. This is up from $100,000. For an environmental impact assessment that was not submitted within the time specified by the authority, the fines will move to $5 million and a prison term not exceeding three years.