The Belize Tourism Industry Association scored a partial victory in the Supreme Court this evening. After two days of arguments, Justice Courtney found granted the tourism NGO leave to file for judicial review on two of four grounds relating to the decisions of the National Environmental Appraisal Committee and the Department of the Environment on the environmental impact assessment for Harvest Caye. It is partial relief making way for a full claim of judicial review.  Here are comments from the opposing attorneys, Godfrey Smith for BTIA and Eamon Courtenay for Belize Island Holdings, which manages the Harvest Caye project for Norwegian.

Eamon Courtenay - Attorney for Belize Island Holdings
"The judge granted partial relief to Belize Tourism Industry Association, so that they are able to argue some of the grounds. The judge knocked out some of the substantial grounds."

Godfrey Smith - Attorney for BTIA
"What happens now is that we then have to go and file more papers to bring what's called the claim for judicial review, because this is just an application for permission. We got pass the threshold, and now, we have to file papers, and the dates for when that will come on is unknown at this time." 

So what happens next? Does work on the very high profile project have to stop and wait for the courts? The developers say they already have an environmental compliance plan signed off on by the Department of the Environment – and that means proceed.  But if the plan is based on a flawed EIA process – then what happens?   

Courtenay and Smith differ widely on this point:

Godfrey Smith
"You cannot say that the environmental compliance plan is a cure-all if it is based on an EIA that could be quashed. Meaning if - our argument was that DOE acted unlawfully in approving an EIA when certain things weren't done. If the court finds so and declares, yes, the EIA ought not to have been approve. It was done unlawfully, now null and void, and it's quashed, it would mean that the environmental compliance plan sit on something which does not exist."

Eamon Courtenay
"Let us re-assert that the project investment will proceed. The cases are very clear. Bacongo and Peninsula Citizens are very clear that even in circumstances where there is a statement that an Environmental Impact Assessment does not cover all the issues that were covered, what becomes critical is the environmental compliance plan, which is the binding legal document between my client and the Department of Environment. That document was not before the court. Now that the court has granted permission. That document is going to come before the court, and what the judge is going to see is that all the issues that Mr. Smith's client is saying were not dealt with in the EIA, are now covered in the Environmental Compliance Plan."

Godfrey Smith
"Certainly, after getting leave today, we will be consulting with the client to find out more information, and to find out whether there is any actions that require interim relief, like injunctions and so on."

Jules Vasquez
"So, you all are prepare to resist interim relief if the other side applies for it, such as an injunction?"

Eamon Courtenay
"Certainly, they are not going to do that."

Jules Vasquez
"They've indicated that they will do that."

Aaron Humes - Freelance Reporter
"It's an option."

Eamon Courtenay
"We will be here with full force and arms to deploy all the arguments to demolish that application. I think if at all, there is a serious intention to stop this project, the day has long gone where a serious person who wants to stop a project, should have applied for an injunction. We will argue very vigorously that that day has long passed, and that they are not entitled as a matter of equity, to stop the project." 

There have been very few cases in which an NGO has been able to get an injunction to stop a development – as in the BACONGO case – but we'll wait and see.