ST CATHERINE, Jamaica – The previously secret non-disclosure agreement (NDA) between Trade Winds Citrus Limited (TWCL) and the Natural Resources Conservation Authority (NRCA) over the latter’s pollution of the Rio Cobre in December, meant there was no admission of liability on the part of TWCL, that there would be no future lawsuit and that both TWCL and NRCA would bear their own costs.

The “settlement agreement” which was arrived at in court on Wednesday, also involved the National Environment and Planning Agency (NEPA).

It was met with outrage by environmental groups and the Opposition People’s National Party. Under mounting pressure, both the NRCA and NEPA made the terms of the NDA public.
It required TWCL to “take all necessary steps to expand its usage of best practices across its operations”.

Additionally, TWCL was required to “actively collaborate with NEPA and community groups in environmental monitoring and developing sustainable solutions for the areas of the Rio Cobre adjacent to its properties”.

NRCA also agreed to “immediately withdraw from the prosecution of the court proceedings and employ its best endeavours to secure the proper and effective termination of the court proceedings, including the entry of a nolle prosequi in the St Catherine Parish Court on or before November 27, 2024”.

As explained by the NRCA, “the consideration set out in Clause1 is offered by TWCL and accepted by NRCA in full and final settlement of the court proceedings and all claims or entitlements for damages, injunctive relief, declaratory relief, and any other form of legal or equitable remedy which NRCA may claim against TWCL, whether relating directly or indirectly to the subject matter of the court proceedings, including but not limited to, any costs, and attorneys costs.”

As per the agreement, “NRCA also committed to release and discharge TWCL, its insurers, agents, assigns, licensees and sub-licensees, from all liability, proceedings, claims, demands, suits and actions whatsoever, whether relating directly or indirectly to the subject matter of the court proceedings which NRCA now has or at any time may have, whether such claims are, or could be known to the parties or be in their contemplation at the date of this Settlement Agreement which, but for the execution of this Settlement Agreement, NRCA could or may have had against TWCL, their insurers, agents, assigns, licensees and sub-licensees”.

It was further agreed that NRCA “would not in the future, take or bring any action or proceedings or make any claim or demand whatsoever against TWCL, its insurers, agents, assigns, affiliates, licensees and or sub-licensees arising directly or indirectly out of or relating to the subject matter of the court proceedings.