NEPA chairman resigns after controversial deal with Trade Winds Citrus

   

Amid growing discontent over a secret deal reached between Natural Resources Conservation Authority and Trade Winds Citrus Limited over the pollution of the Rio Cobre, last year, National Environment and Planning Agency (NEPA) Board Chairman, Weldon Maddan, has tendered his resignation.

 

This was revealed by Minister Without portfolio in the Ministry of Economic Growth and Job Creation, Matthew Samuda.

 

Minister Samuda said Mr. Maddan offered his resignation which was accepted.

 

The resignation comes amid mounting pressure for the National Environment and Planning Agency to provide details on how it entered into a confidential deal with Trade Winds Citrus Limited during a criminal prosecution against the company.

 

The deal was struck without the knowledge of the court or the ministry.

 

NEPA had taken the company to court for an oil spill in the Rio Cobre in St. Catherine in December 2023.

 

But it was announced in the St. Catherine Parish Court on Wednesday that NEPA intended to withdraw the charges. 

 

An attorney for the agency informed the presiding judge that the regulator, the Natural Resources Conservation Authority had reached a settlement with the company. 

 

In his statement Friday, Minister Samuda said the government is aware of public concerns regarding NEPA's handling of the pollution event involving Trade Winds Citrus Limited.

 

According to Minister Samuda, there have also been valid expressions of concern regarding the inclusion of a non-disclosure agreement (NDA) clause in the mediated settlement.

 

He said he has instructed NEPA to waive its rights under the NDA and to immediately publish the agreement and the chronology related to the incident.

 

"I think it is absolutely important that the country understands that this government is serious about protecting the NRCA and we're moving to ensure that all trade effluent discharged into the Rio Cobre ceases. We are working with our stakeholders to achieve this. Beyond that, the Prime Minister has directed that a river authority be set up to ensure the good management of all our natural assets, including our rivers," he announced. 

 

The National Environment and Planning Agency has released the agreement signed between the Natural Resources Conservation Authority and Trade Winds Citrus Limited.

According to the agreement, which has been uploaded to NEPA's website, a mediation session was held with the parties via Zoom on October 2, to discuss an amicable settlement of the court proceedings.

Arising from the mediation, Trade Winds agreed to take all reasonable steps to expand use of best environmental practices across its operations. The company also promised to collaborate with NEPA and community groups in environmental monitoring of the areas of the river adjacent to its properties.

Consequent to these assurances from Trade Winds, the agreement further outlined that the NRCA would immediately withdraw the court proceedings and seek a nolle prosequi in the St. Catherine parish court on or before the November 27 court date.

The agreement also made it clear that Trade Winds would be absolved of any claims, demands, suits or actions in relation to the oil spill. The parties also agreed that there would be no future lawsuit in relation to the court proceedings.

According to the confidentiality clause in the agreement, any disclosure of the contents would entitle the non-offending party to sue for damages and any other appropriate relief.

Meanwhile, CEO of Jamaica Environment Trust, Dr. Theresa Rodriguez Moodie, said she is concerned that the agreement is vague in relation to the remedial steps to be taken by Trade Winds. She added that it did not go far enough to warrant a withdrawal of the court proceedings.

"Who defines what is reasonable? How do we know that these steps will be taken? There's a lot generalities, there's a lot of discretion here, and I can't see that that was enough for NRCA to immediately withdraw from the prosecution or the court proceedings."

She also expressed concern that the agreement stated that Trade Winds has accepted "full and final settlement", so no further action can be taken in the case.

"What if Trade Winds doesn't follow through with what they have said? How do we know what is reasonable? There are a lot of question marks here," she contended.

Dr. Rodriguez Moodie also lamented that the community was not part of the discussions in relation to the agreement.