The House of Representatives has approved amendments to the Natural Resources Conservation Authority (NRCA) Act and the Wild Life Protection Act (WLPA), to allow for significant increases in fines and related custodial sentences.
Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Hon. Matthew Samuda, who piloted the Bill through Parliament on Tuesday, January 14, 2025, noted that the Amendments were necessary due to the increase in environmental crimes in Jamaica.
He attributed this increase to the low levels of penalties for offences under the NRCA Act and the WLPA, adding that “the level of the fines under these two pieces of legislation currently does not act as a deterrent to non-compliance”.
Minister Samuda noted that the NRCA Act had never been amended since its promulgation in 1991, while the fines under the WLPA were last updated in 1998 to a maximum of $100,000 for offences under the Act and $40,000 for persons found in breach of the Act.
Under the draft Bills, depending on the severity of the offence as adjudicated by the Supreme Court, Corporate Bodies may now be subject to a fine of approximately J$10 million, individuals in breach of the Acts may face a fine of up to J$5 million or serve a term of imprisonment up to five years, subject to the jurisdiction of the Parish Courts.
Minister Samuda further stated that the imposition of criminal sanctions is one element of the regulatory tool kit used to foster compliance, adding that “to be effective and efficient, imposition of criminal sanctions must be coupled with an increase in enforcement action by NEPA (National Environment and Planning Agency), including the identification and apprehension of offenders in a timely manner”.
The Minister explained that in response to the inadequacy of the existing penalties under the NRCA Act and the WLPA, NEPA has instituted several cooperative intervention measures to bolster its monitoring and enforcement regime to foster a culture of compliance with environmental laws.
These measures, he said, included the development of a Special Monitoring List, based on specific criteria, which involves those facilities/developments that require more stringent monitoring; the establishment of several inter-agency partnerships, such as the Inter-agency Regulatory Monitoring and Review Committee for the Bauxite/Alumina industry; and the expansion of the Agency’s monitoring activities through the conduct of its environmental wardens on the ground.
Prime Minister, Dr. the Most Hon. Andrew Holness, in his 2024/25 Budget Presentation, indicated that the penalties under the NRCA Act and the WLPA would be increased.
The Amendments, which were tabled in Parliament on December 10, 2024, are part of the measures the Government is taking under its justice reform agenda.
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