Higher fines for environmental breaches is step forward, but more is needed

THE EDITOR, Madam:

The recent amendments to the Natural Resources Conservation Authority (NRCA) Act and the Wildlife Protection Act represent a milestone in Jamaica’s efforts to address environmental offences. After years of advocacy and unfulfilled promises, the fines under both laws have finally been significantly increased. The penalties now move from J$50,000 to J$5 million under the NRCA Act, and from J$100,000 to J$5 million under the Wildlife Protection Act.

These amendments also give the minister the power to adjust fines in the future through an order, subject to affirmative resolution. This type of resolution still requires Parliament’s approval, but the process involves fewer steps than amending legislation, making it faster and simpler. Additionally, both laws now include newly added provisions for the prosecution of corporate bodies, and convictions in a Circuit Court may result in even higher fines, making it easier to hold offenders accountable for serious breaches.

While these changes are long overdue and much needed, they must be supported by stronger action on the ground to truly act as a deterrent. Improved environmental monitoring and enforcement are critical to ensuring the effectiveness of these new penalties. Without this, higher fines could remain a symbolic gesture.

Moreover, these amendments reflect a piecemeal approach to addressing gaps in Jamaica’s environmental laws and highlight the urgent need for a comprehensive review to meet the demands of today’s environmental challenges, align with international standards, and reflect best practices. For instance, the NRCA Act is highly discretionary, which hampers its efficiency in enforcing critical aspects of the law. The NRCA Act binds the Crown (meaning it applies to the Government as well), but there has been steadfast resistance to acting against state agencies. Additionally, Environmental Impact Assessment regulations, which are essential for assessing and managing the environmental risks of development projects, have remained in draft form for many years and are yet to be finalised. Experts and advocates have long recommended the promulgation of a National Environmental Protection Act to consolidate and modernise Jamaica’s fragmented environmental laws into a single, cohesive framework. This would streamline enforcement, improve regulatory clarity, and address gaps that piecemeal amendments cannot fix.

While the recent amendments mark progress, Jamaica must focus on overhauling its environmental laws comprehensively, ensuring they provide the robust protections our natural resources urgently need.

JAMAICA ENVIRONMENT TRUST