The Save Guana Cay Reef Association has filed a motion in the Court of Appeal asking for leave to appeal to the Privy Council against the recent decision by the Court of Appeal clearing the way for the work to get going again.
Back in November, the developers gave an undertaking not to carry out any more work on the development until a Supreme Court challenge mounted by the Association is decided.
But the Court of Appeal said that as of today, the developers are cleared of that undertaking and may get back to work.
The Supreme Court trial concluded in February and all parties involved are still waiting for a judgment from Acting Justice Norris Carroll.
“The Save Guana Cay Association is afraid that if the development proceeds, particularly [clearing of] the crown and land which the developers donﾒt even have a lease of, the damage to the environment is going to be irreparable,” Fred Smith, Association attorney, said on Tuesday.
“You canﾒt put back virgin forests once you cut them down. You canﾒt put back the mangrove and wetlands once theyﾒve been dredged out.”
But Dr. Livingston Marshall, Discovery Land Companyﾒs senior vice president of environmental and community affairs, said on Tuesday the company remains committed to environmental protection and is ready to resume work on its development.
“From our perspective we think itﾒs very important for the company to get back to work,” Dr. Marshall said.
“There are a number of persons throughout the Abacos and the Bahamas who have looked at Bakerﾒs Bay Golf and Ocean Club as a unique opportunity for them to engage in entrepreneurial activity, to be employed, to build better lives for themselves. To the degree that we can get the project moving again we think that it would be in harmony with individuals who would wish to be a part of the Bakerﾒs Bay family and the Bakerﾒs Bay project.”
Mr. Smith also acknowledged that Discovery Land Company has a stellar record of environmental stewardship.
“They shouldnﾒt be doing the size and scope of this development on Guana Cay,” he said, while stressing that the Association is not against development. “Itﾒs an inappropriate development, unfortunately, for a great company.”
He said he found it ironic that Discovery Land Company, with its sound environmental record, wants to develop the kind of development at Guana Cay that it has gotten approval from the government to develop.
“The company is well known for being environmentally sensitive in its development,” Mr. Smith said.
“In fact, if the government requires most developers to do what the Discovery Land Company has been known to do then you would see a lot better and environmentally sensitive development in the Bahamas.”
But Mr. Smith also said that even if the Association wins its current case before the Supreme Court, it would pursue another case strictly based on environmental concerns.
“There are several aspects to the opposition being expressed by the residents and landowners of Guana Cay to the development,” he said.
“The major issue currently before the court for a decision is whether Mr. Wendal Major as secretary to the cabinet can give away nearly 200 acres of crown or treasury land without getting parliament to authorize that.”
He again expressed concern that the government has “given away” crown land for a private commercial development, and again raised environmental fears.
“We want development for Guana Cay, but in a way that doesnﾒt negatively affect Guana Cay,” Mr. Smith said. “A golf course is inappropriate because of chemicals and pesticides that would destroy the reefs. To put the mega marina is going to dramatically negatively impact the marine environment.”
By: Candia Dames, The Bahama Journal
