STATEMENT BY MINISTER WITHOUT PORTFOLIO IN THE MINISTRY OF ECONOMIC GROWTH AND JOB CREATION
HON. MATTHEW SAMUDA, MP

November 29, 2024

• The Government is committed to the Protection of the Rio Cobre
• The Government has received the resignation of the Board Chairman of NEPA

I am aware of public concerns regarding the National Environment and Planning Agency’s (NEPA) handling of the pollution event involving Trade Winds Citrus Limited and the subsequent withdrawal of the case. We understand valid concerns surrounding the care and protection of the Rio Cobre, which is a unique and invaluable asset.

There have also been valid expressions of concern regarding the inclusion of a Non-Disclosure Agreement (NDA) clause in the mediated settlement. I have instructed NEPA to waive its rights under this NDA and NEPA has formally written to effect this waiver. As a result, the mediated agreement, along with the NDA and the chronology of events will be made public on NEPA’s website today, November 29, 2024.

It is important to note that the Government has previously signaled that NDAs should be used only in very limited circumstances. This situation did not warrant such a clause, and the Natural Resources Conservation Authority (NRCA) has been directed to desist from including NDA clauses in future mediated agreements.

The Government of Jamaica is not satisfied that the issue was handled at the Board leadership level with the required standards of transparency and openness. Consequently, following a conversation this morning, Board Chairman, Mr. Weldon Maddan, offered his resignation. Mr. Maddan’s resignation has been accepted. We thank Mr. Maddan for his service and reaffirm the Government’s commitment to safeguarding the Rio Cobre and all other critical natural resources.

Regarding the pollution incident in December 2023, I have been advised by NEPA that:

1. The incident involved an oil spill on the grounds of Trade Winds Citrus Limited. While the spill was largely contained to Trade Winds property, some seepage occurred into the Rio Cobre. However, the extent of the seepage was not significant enough to cause a fish kill or require an Environmental Impact Assessment (EIA).
2. According to the National Fisheries Authority, a fish kill is defined as “large-scale mortality events of fish that occur due to various factors, such as wastewater pollution, hypoxic conditions, nutrient enrichment, and the introduction of pathogens, whether in area of or per cent of the population”; this did not occur.
3. In light of the foregoing, a determination was made by NEPA that there was no basis for compensation or extensive consultation with stakeholders. It is also worth noting that Trade Winds Citrus Limited assumed full responsibility for the cleanup and restoration efforts, which were conducted under the guidance of NEPA, the Water Resources Authority, the National Fisheries Authority, and Petrojam. The costs of these efforts greatly exceeded the fines stipulated under the Wildlife Protection Act, which amounts to a maximum of $100,000 for breaches.
4. The matter went to mediation on October 2, 2024, and the resulting agreement was approved by the NEPA Board on November 26. Considering the limited material impact of the incident and the comprehensive cleanup undertaken, the NRCA determined that withdrawing the case was justified.

I wish to assure all Jamaicans that the Government remains resolute in its commitment to protecting the Rio Cobre and all our natural resources. We will continue to strengthen regulations, enhance enforcement, and ensure transparency in our actions, as we work toward a sustainable and resilient environmental future.

The 2022 fish kill at the Rio Cobre highlighted the need for decisive action and greater accountability in safeguarding this vital natural resource.

In response to the 2022 incident, the Government pursued the matter to the full extent of the law and exercised its authority to draw down on the performance bond of $117 million, as appropriate. This demonstrates our commitment to addressing breaches and enforcing environmental laws.

To address these concerns, the Government has already begun collaborating with manufacturers, the mining sector, and the National Water Commission to achieve the ambitious goal of eliminating all effluent discharge into the Rio Cobre. Additionally, we are in the final stages of amending the NRCA and Wildlife Protection Acts to significantly increase fines for environmental breaches, strengthening our enforcement capacity.

It’s to be recalled that the Prime Minister has already directed NEPA to work with all stakeholders to develop the plans and engineering solutions to end all trade effluent discharge in the Rio Cobre.

The Prime Minister has also directed the establishment of a River Control Authority to enhance the governance and protection of our rivers.
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