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Belize tourism industry association vs the National environmental appraisal committee

Country
Belize
Type of court
National - higher court
Date
Jan 13, 2016
Source
UNEP, InforMEA
Court name
Supreme Court
Seat of court
Belize City
Judge
Abel
Reference number
Claim No. 223 of 2014
Language
English
Subject
Environment gen.
Abstract

In this case, the plaintiff is an association representing the interest of the tourism industry in Belize and is challenging the decision of the National Environmental Appraisal Committee and of the Department of Environment to approve the Environmental Impact Assessment for the construction of a port at the Island of Harvest Caye as well as a cruise ship day resort on the mainland waterfront site of Malacate.

The plaintiffs challenged the decision accepting the Environmental Impact Assessment on the basis that it did not follow the appropriate procedure and that the protestations of the local communities were not taken into consideration because the environmental impact assessment was not made public until the last minute and the procedure did not allow adequate time for the public to comment it.

The Supreme Court held that even if there were some irregularities in the public consultation procedure and that there were a couple of breaches of the environmental impact assessment legislation; those violations were minor and could not be considered to be enough to render the decision null and void.

Full text
Belize Tourism-Industry-Association-v-National-Environmental-Appraisal-Committee.pdf
Website
www.belizejudiciary.org