A leading environmental group representing hundreds of supporters has filed an action in the Supreme Court, seeking a judicial review process that could force government to shut down dredging at Nygard Cay and allow it to reclaim what it called Crown Land at Simms Point.
The debate over what has been called “unauthorised dredging of the seabed” at Simms Point, the residence of fashion mogul Peter Nygard, has brewed for some time and in 2010, the celebrity designer was ordered by the government to return the land to its original state. Tensions in the Lyford Cay community built as the Nygard property did, but this is the first time a legal action related to construction activities affecting the seabed has been filed against Nygard.
The outcome of the action could cause the courts to decide what is to be done about what started out as a three-acre parcel that is now more than six acres with its expansion, detractors claiming, impacting Clifton Heritage Park, causing erosion and damaging the fragile coral reef that experts have said at one time was home to “the world’s most beautiful elk horn coral.”
The action was filed by Callenders law firm on behalf of Save the Bays (formerly Coalition to Protect Clifton Bay), the new umbrella organisation. Respondents include several government departments, the Town Planning Committee, Peter Nygard and Mr. Nygard’s associate, former ambassador to the environment Keod Smith.
“We are seeking a judicial review on the basis that Save the Bays represents the collective interests of persons committed to protecting Clifton Bay and other parts of The Bahamas of particular environmental interest,” said Fred Smith, QC, Callenders. In addition to judicial review, the action seeks an interim injunction restraining Nygard and Smith from continuing what it called “unauthorised construction and dredging.”
It also alleges that Nygard and Smith are trespassing on Crown land. Specifically, it cites construction of a groyne, dredging of the seabed, demolition of an existing dock at Jaws Beach, construction of a new dock on the sea bed and beach and the placement of large boulders on the western edge of the public boat ramp at Jaws Beach.
The alleged damage to the reef and seabed has been documented in more than one dozen independent studies, according to supporters of Save the Bays. The Lyford Cay Property Owners Association, representing more than 400 homeowners, has also gone on record opposing the activities at Nygard Cay.
“In a nutshell, the judicial review seeks to determine whether the rule of law applies in The Bahamas or not,” said Fred Smith.
Legal experts say the action asks Government to “exercise its statutory powers, given for the purposes of maintaining the environment in relation to the unlawful reclamation of Crown Land and unpermitted construction activities at Nygard Cay and Jaws Beach.” The suit alleges that the works being carried out “without the requisite permits and approvals constitute offences under the Planning and Subdivision Act, the Building and Regulation Act and the Coast Protection Act.”
Initially called the Coalition to Protect Clifton Bay, the organisation announced its name change to Save the Bays in early May to avoid confusion with the original coalition to save the historic area east of Lyford Cay for the Bahamian public when it was the target of developers some 14 years ago. At that time, the coalition called for the creation of a land and sea park but only the land park was created. The original coalition continues to call for the sea park and has expressed concern about activities at Nygard Cay. With many of the same supporters in both organisations, Save the Bays is also urging passage of a Freedom of Information Act and an Environmental Protection Act.
