Companies can be fined up to $10 million for environmental breaches

A significant $10 million fine now hangs over the heads of Jamaican companies that breach the Natural Resources Conservation Authority Act and the Wild Life Protection Act (WLPA) Act.

This follows amendments to both pieces of legislation by the House of Representatives on Tuesday. Both fines and custodial sentences saw big increases for a litany of breaches.

Minister Without Portfolio in the Ministry of Economic Growth and Job Creation, Matthew Samuda, piloted the bills. He noted that previously, the maximum fines were $40,000 and $100,000 respectively. He also noted that the fines imposed under the NRCA Act and the WLPA did not take into account proportionality in prescribing the level of fines as against offences.

“In this regard, the individual and the body corporate may be charged the same fine for offences under both pieces of legislation. Therefore, in amending the penalties under both the NRCA Act and the WLPA, a body corporate who commits an offence under the legislation is liable to a fine not exceeding $10 million,” he said.

Samuda told the House that there has been a steady increase in the number of environmental offences in Jamaica over the last two decades. “One of the main reasons for this increase has been attributed to the low level of the penalties for offences under the NRCA Act and the WLPA,” he remarked.

He said it was acknowledged that the fines prior to the amendments under the two pieces of legislation did not act as a deterrent to non-compliance. “Additionally, it is noted that the imposition of criminal sanctions is only one, but a key element, of the regulatory tool kit to foster compliance. To be effective and efficient, imposition of criminal sanctions must be coupled with an increase in enforcement action by the National Environment and Planning Agency (NEPA), including the identification and apprehension of offenders in a timely manner,” he said.

The NRCA Act, the country’s principal environment legislation, and the WLPA, which provides for the protection of certain wild animals, birds, fish and for other matters relating thereto and connected therewith, are administered by NEPA. Since its promulgation in 1991, the NRCA Act had never been amended while the WLPA was last amended in 1998.