House Approves Amendments to NRCA And WLP Acts to Increase Fines

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.

Piloting the legislation, Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Hon. Matthew Samuda, said both laws are administered by the National Environment and Planning Agency (NEPA).

Mr. 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,” Mr. Samuda said.

“Additionally, it is noted that the imposition of criminal sanctions is only one but a key element of the regulatory toolkit to foster compliance. 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.

The Minister noted that the fines imposed under the NRCA Act and the WLP Act do not currently take into account proportionality in prescribing the level of fines as against offences.

In this regard, Mr. Samuda said the individual and the body corporate may be charged the same fine for offences under both pieces of legislation.

“Therefore, 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,” he stated.

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.

These measures have included the development of a special monitoring list based on specific criteria, which includes those facilities or developments that require more stringent monitoring; and the establishment of a number of inter-agency partnerships, such as the inter-agency Regulatory Monitoring and Review Committee for the Bauxite and Alumina Industry.

Mr. Samuda said the prevailing low fines and related custodial sentences have not protected Jamaica’s environment, while adding that the amendments will allow the courts to impose penalties that are commensurate with the severity of the environmental crimes.

He noted that the increased penalties, coupled with other regulatory action, is 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,” Mr. 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 $5,000,000 or imprisonment not exceeding five years.

“This is up from $100,000 [and] this is evidence that this Government is particularly serious about protecting our natural waterways. It is why four entities which would have had licences for discharge of effluent into the Rio Cobre, now can safely say they no longer discharge into that river, as the Government has worked with them to ensure that no longer takes place,” Mr. Samuda said.

For an environmental impact assessment that was not submitted within the time specified by the authority, the fines will move to $5,000,000 and a prison term not exceeding three years.

“This Government has consistently demonstrated its commitment to environmental protection. It is why anyone who hinders or obstructs the State in their duties… and are found guilty of obstructing any of our officers, the fine will move from $50,000 to $3 million,” Mr. Samuda said.