STAY ON BEACH EVICTION

The Supreme Court has imposed an injunction that temporarily blocks the country’s environment regulatory authority from evicting at least 40 people from the Jacob Taylor Beach lands in Duncans, Trelawny.

Justice Andrea Thomas granted the injunction on Tuesday at the end of an application by attorneys for four of the 40 residents.

The application forms part of a lawsuit they have filed seeking judicial review of a move by the Natural Resources Conservation Authority (NRCA) last month to serve them with eviction notices.

The National Environment and Planning Agency (NEPA), which carries out the administrative functions of the NRCA, confirmed late on Tuesday that it did not oppose the application for the injunction.

“It really just preserves the status quo,” NEPA CEO Leonard Francis explained when contacted by The Gleaner.

The residents, 12 of whom own shops at Jacob Taylor Beach – formerly known as Derby Beach – said they first became aware of the “notice to quit” on August 17 when they woke up to find them posted on their doors.

It gave them one month to relocate from the premises, which some residents say they have occupied for decades.

“The Natural Resources Conservation Authority, the proprietor of the premises described as Jacob Taylor Beach and located at Silver Sands, Trelawny, [volume and folio number redacted] do hereby give you one month notice from the date of service of this NOTICE TO QUIT AND DELIVER UP POSSESSION of the premises [unit] that you occupy,” said one of the notices seen by The Gleaner.

“The said landlord requires you to QUIT AND DELIVER UP POSSESSION of the aforesaid premises for the following reasons: 1. The premises is [sic] required for public purposes. 2. The premises is [sic] required for the purpose of being repaired and improved,” it continued.

The residents, who are represented by the firm Harrison Law, contend that the NRCA acted improperly when it issued the notices.

They argued that the reasons given by the regulatory authority for the proposed eviction are vague and not clearly illuminated.

The residents claimed, too, that there was no consultation by the NRCA before the notices were dispatched.

However, the NEPA CEO insisted that his agency has no intention of removing anyone from the property and noted that the actions to date did not affect fisherfolk.

“We didn’t serve the fishermen. We served the [other] persons on the property,” Francis noted.

“We want to develop the area into a world-class fishing and recreational beach with the persons remaining there but with proper sewerage, proper planning, and bring some order to the place,” he added.

The injunction will remain in place until October 6, when the Supreme Court is set to hear the application for judicial review of the eviction notices.

livern.barrett@gleanerjm.com