LAST year there was a great deal of attention focused on what has become known as the “Gulf Coast Oil Spill”. The impact of the spill on wildlife and the fishing and tourist industries has been devastating. In recent times, chemical spills have occurred in Jamaican waters. What is the legislative framework which governs the response and compensation in relation to these events?

Several pieces of legislation address the issue of pollution in Jamaican waters. These are the Natural Resources Conservation Authority Act, the Harbours Act, the Shipping Act and the Wildlife Protection Act.

The Natural Resources Conservation Authority Act is the main piece of legislation addressing environmental protection. One of the key areas specifically addressed in this Act is the protection of the marine environment from pollution. The Act establishes the Natural Resources Conservation Authority (which falls under the National Environment and Planning Agency) as the agency responsible to carry out operations as are appropriate where polluting matter is present in Jamaican waters. Further, it makes recoverable, as a debt from the person causing the pollution, any amounts reasonably incurred by the Authority in carrying out such operations. However, the Act is limited as it makes no reference to ships and polluting matters emanating from ships or oil rigs. Furthermore, the pollution and cleaning up operations are limited to water-based pollution and no mention is made of the pollution of habitat, wildlife or shoreline that may be affected by the pollutants.

The Harbours Act imposes a penalty, not exceeding $2,000, on the captain of any vessel or any other person who throws or deposits any rubbish, earth, mud, stone, oil or oil residue in any channel leading into or out of any harbour. The penalty imposed is inadequate to address the severe economic and environmental damage that would follow marine pollution.

The Shipping Act establishes the Maritime Authority which has responsibility for, among other things, the inspection of ships for the prevention of marine pollution. In the performance of this responsibility, an inspector of ships is empowered at all reasonable times to board and inspect any ship in Jamaican waters. Despite its length and focus on the shipping industry, the Act does not specifically address pollution from ships.

The Wildlife Protection Act makes it a criminal offence for any person who causes or knowingly permits any trade effluent, industrial waste, sewage or any noxious or polluting matter to be put in any harbour, river, stream, canal, lagoon or estuary containing fish. Upon conviction, such a person is liable to a fine not exceeding $100,000 or to imprisonment at hard labour not exceeding 12 months.

The legislative framework in Jamaica has not kept pace with the changes occurring with the regulation of pollution in the environment. However, the law may soon change as the Shipping (Pollution, Prevention, Response and Compensation) Bill, which incorporates several international maritime pollution treaties and conventions, is currently being drafted. If and when this Bill is made law, Jamaica should have, at last, a comprehensive piece of legislation which will meet international standards for environmental regulation.

Christopher Kelman is a Partner at Myers, Fletcher & Gordon and is a member of the firm’s Litigation Department. Christopher may be contacted at christopher.kelman@mfg.com.jm or via www.myersfletcher.com.