Constitutional Court rules that environmental permit issued to Bengal Development Limited for mining project is unconstitutional

Jamaica’s Constitutional Court has ruled that the 2020 environmental permit issued to Bengal Development Limited for a limestone mining project is unconstitutional.

The decision marks a significant win for residents of St. Ann who had mounted a legal challenge against the approval.

The court’s judgment effectively halts plans for quarrying in the Dry Harbour Mountains, an area regarded as environmentally sensitive.

Residents had argued that the project posed a threat to their constitutional right to a healthy and sustainable environment.

The permit was granted after Prime Minister Dr. Andrew Holness, in his role as the Minister responsible for the Natural Resources Conservation Authority, overturned the agency’s earlier decision to deny the mining application.

Attorney representing the residents, Michael Hylton welcomed the ruling, describing it as a landmark decision.

According to him, the judgment outlines how regulators are expected to act and highlights the safeguards that must be applied when decisions by Ministers have the potential to impact citizens’ rights.