Chairman of the National Environment and Planning Agency Weldon Maddan has resigned following the agency’s controversial decision to drop criminal charges against Trade Winds Citrus Limited for an oil spill last year in the Rio Cobre in St Catherine.

The announcement was made in a release on Friday from the office of Matthew Samuda, minister with responsibilities for water, environment, climate change, and the blue and green economies. In the release, the minister stated that the Government of Jamaica was “not satisfied that the issue was handled at the Board level with the required standards of transparency and openness.”

He said Maddan offered his resignation following a meeting on Friday morning.

Weldon Maddan, Chairman of NEPA

It is reported that the case was withdrawn after a confidential agreement was reached between NEPA, Natural Resources Conservation Authority (NRCA) and Trade Winds Citrus Limited prior to a court hearing Wednesday morning.

The move triggered outrage from environmental groups Jamaica Environment Trust and Friends of Rio Cobre, which stated that “the decision sets a dangerous precedent that trivialises environmental violations and prioritises corporate interests over the health of natural resources and justice for impacted Jamaicans.”

In the release, Samuda sought to reassure Jamaicans of Government’s commitment to protect the environment, noting that he understands the “valid concerns surrounding the care and protection of the Rio Cobre, which is a unique and invaluable asset.”

He also noted what he said were “valid expressions of concern regarding the inclusion of a Non-Disclosure Agreement (NDA) clause in the mediated settlement” between NEPA and Trade Winds Citrus, noting that he has instructed NEPA to waive its rights under this NDA.

“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,” Samuda said.

“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.”

Regarding the pollution incident in December 2023, Samuda said he was advised by NEPA that:

– 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);

– 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;

– 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; and

– 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,” Samuda said.