THE developer of the Blue Lagoon in Portland has has been found to be in breach of the Beach Control Act.Feeling the blues over Blue LagoonStorm over Blue Lagoon

The National Resource Conservation Authority (NRCA) and the National Environmental Planning Agency (NEPA) investigated the development investigated the development following complaints from environmentalists and other stakeholders.

“The NRCA/NEPA have investigated the concerns coming from stakeholders and notes that the developer has committed three breaches under the Beach Control Act (1956) Beach Control Amendment (2004),” said information minister Daryl Vaz in a statement today.

The breaches have been listed as:

Three pylons supporting a wooden structure (jetty) on the northern section of the property;

One seawall constructed on foreshore and the floor of the sea along the southern boundary of the property in possession by Mr Devon Wilson; and

One seawall constructed on foreshore and the floor of the sea along the northern boundary of the property in possession by Mr Devon Wilson.

The developer has also found to have committed another breach under the Town and Country Planning Act, Tree Preservation (Blue Hole, Portland) Order, 1977:

He is also accused of felling and topping of trees from the area without permission from the Portland Parish Council.

The developer has since been served summons and is expected to appear in the Port Antonio Resident Magistrate’s Court on June 6.

Vaz said the agencies were, however, cautious.

“The NRCA/NEPA is cautious since it can be argued that the Developer has a right to develop his property provided that such use is not prohibited by Law.  It cannot be ignored that the NRCA does not have a right to prosecute for the development of land, save and except where it can be clearly shown that such development is illegal. To date there is little or no evidence that the creation of an artificial beach specifically as it relates to dumping of sand on the property resulted from or is associated with any illegal activity,” he said.

Vaz also said six other property owners have been found to be in breach of the Beach Control Act in the Blue Lagoon area.

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