Letter of the Day | EIA regulations must do more than formalise the current system

THE EDITOR, Madam:
In response to the Jamaica Environment Trust’s (JET) submission on the proposed Environmental Impact Assessment (EIA) Regulations, Minister Matthew Samuda, made three main points during his interview on ‘Beyond the Headlines’ on July 3: that the regulations are well advanced and nearing completion; that they  are intended primarily to introduce a legal definition of an EIA and a system for registering EIA professionals; and that revisions to legislation such as the Forestry Act and the Wildlife Protection Act represent a higher legislative priority at this time.
JET responds to these points:
EIA regulations are nearing completion: JET welcomes any progress towards completing the EIA Regulations. The most recent update, however, under Jamaica’s Open Government Partnership (OGP) National Action Plan, submitted by the Ministry of Finance and the Public Service in April, recorded the preparation and submission of drafting instructions for the regulations as being delayed. Given that drafting instructions are a critical step in the legislative process, clarification on the current status of the regulations and the remaining steps before finalisation would be welcomed.
What will be included in the EIA regulations: The minister stated that the new regulations will mainly formalise Jamaica’s existing EIA system, and also pointed to Canada as a model. While a legal definition of an EIA and registration of EIA professionals would be important steps forward, they do not address the broader gaps in the current framework. A strong EIA system requires clear rules on when assessments are required, the types of projects that must undergo assessment, what EIAs must consider, how the public participates, and how compliance is monitored. Canada’s framework, for example, is anchored in legislation and includes mandatory screening requirements, legally established opportunities for public participation, consideration of cumulative impacts, and follow-up monitoring after approval. In Jamaica, EIAs remain discretionary, with the Natural Resources Conservation Authority (NRCA) deciding on a case-by-case basis whether an EIA is required. Public participation requirements and obligations relating to key documents, such as Terms of Reference and responses to public comments, are not consistently established in law. These gaps affect transparency, accountability, and public confidence in environmental decision-making.
Forestry Act and Wildlife Protection Act as priorities: JET agrees that laws such as the Forestry Act and the Wildlife Protection Act are important for protecting Jamaica’s natural resources. These laws, however, serve different purposes. EIA regulations establish the process for assessing the potential impacts of proposed developments before decisions are made. They are not competing priorities; they are complementary components of a strong environmental governance system. This is particularly important as Jamaica undertakes major rebuilding and development projects as a result of the impacts of Hurricane Melissa. 
Without clear, legally binding rules on when EIAs are required and how they must be conducted, there remains a significant gap in ensuring that projects with potentially major environmental and social impacts do not damage forests and wildlife.
Jamaica has so far failed to establish an EIA legal framework that is strong, transparent, consistent, and fit for purpose.

JAMAICA ENVIRONMENT
TRUST