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Peninsula Citizens for Sustainable Development Ltd vs the department of the Environment and Ara Macao Development

Country/Territory
Belize
Type of court
National - higher court
Date
May 1, 2007
Source
UNEP, InforMEA
Court name
Supreme Court
Seat of court
Belize City
Judge
Lungole Awich
Reference number
Claim No. 170 of 2007
Language
English
Subject
Environment gen.
Keyword
International agreement-text Public participation Tourism Access-to-information
Abstract

In this case, the plaintiff is a non- profit company which challenged the decision to grant an environmental clearance permit to a tourism real estate project situated on the Placencia Peninsula.

The plaintiff alleged that the planned project is not respecting the environmental law legislation and more specifically, the environmental impact assessment regulations. Indeed, the plaintiff stressed that the planned project does not take into account the cumulative impact of the project with other similar projects in the area, does not provide enough information with on the impact on the environment and did not take into account public comments.

The Judge of the Supreme Court reviewed the evidence provided by both parties and held that the decision granting the environmental clearance to a new hotel resort was in line with the law. Indeed, the court considered that the environmental impact assessment procedure had been respected and that the public consultation had been taken into account, especially because the public surveys showed that the local communities were supporting the project. As a result, the appeal was dismissed.

Full text
Peninsula-Citizens-for-Sustainable-Development-Ltd-v-The-Department-of-the-Environment-and-Ara-Macao-Development.pdf
Website
www.belizejudiciary.org