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A decmeber 2023 drone shot of Rio Cobre with oil sheen as it confluence with Rio D'oro, Rio Pedro and the Thomas River before entering the Bog Walk Gorge. Weldon Maddan (inset) tendered his resignation as chairman of NEPA on Friday, November 29, 2024.
Chairman of the National Environment and Planning Agency (NEPA), Weldon Maddan, tendered his resignation on Friday, following revelations about a confidential agreement involving the Natural Resources Conservation Authority (NRCA), NEPA, and Trade Winds Citrus Limited.
The agreement addressed an oil spill in the Rio Cobre River in December 2023.
Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Matthew Samuda, announced Maddan’s resignation, stating that the Government of Jamaica was dissatisfied with the lack of transparency demonstrated by the NEPA board leadership.
Samuda emphasised that the use of non-disclosure agreements (NDAs) should be highly restricted.
“This situation did not warrant such a clause, and the NRCA has been directed to desist from including NDA clauses in future mediated agreements,” he said.
He further disclosed that the mediated agreement, NDA, and a detailed chronology of events will be published on NEPA’s website today, November 29, 2024.
Samuda also confirmed that NEPA had formally waived its rights under the NDA, ensuring public access to the settlement details.
The minister went on to assure the public of the Government’s ongoing commitment to environmental protection. “We remain resolute in protecting the Rio Cobre and all our natural resources. We will strengthen regulations, enhance enforcement, and maintain transparency as we strive for a sustainable environmental future,” he said.
Regarding the pollution incident in December 2023, Samuda outlined that he has been advised by NEPA that:
1. 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).
2. According to the National Fisheries Authority, a fish kill is defined as “a 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, weather in area of or per cent of population”; this did not occur.
3. 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.
4. 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.
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