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Draft Bill proposes $10M fine for sea defense obstruction

Oct 27, 2018 News

The current draft legislation on sea and river defence proposes $10M as the maximum “general penalty” for corporate bodies whose actions obstruct the efforts of the National Sea and River Defence Board (SRDB) to implement flood defense mechanisms.
Similarly, the proposed maximum “general penalty” for individuals is $1M.
Though these are the proposed costs, stakeholders at yesterday’s consultation on this draft bill have opined that these fines are not substantial enough to suggest that offenses to Guyana’s flood defense efforts are serious.
The stakeholder consultation was held at the Pegasus Hotel, Kingston, and the review of the draft Bill was facilitated by legislative drafting expert, Chris Headley. The revision of these rates, with intention to increase, was suggested because Guyana has historically had poor infrastructural mechanisms to comprehensively manage the country’s flooding issues, and because the situation of much of the population on the Low Coastal Plain makes the issue of flooding and climate change particularly damning for the country’s wellbeing.
The Bill further suggests an alternative method of prosecution referred to as the Administrative Penalty. It allows the SRDB to investigate an alleged offense and offer an administrative penalty where it appears an offense has been committed, subject to certain criteria. The administrative penalty would be fixed at 10% of the maximum penalty, with discretion to lower. The bill provides procedures to serve such notices, respond to notices, and to refuse administrative penalties. In the case of such refusal, the alleged offending party could challenge the matter in court.
The Bill also includes provisions requiring compensation to be made to the government for loss and damage caused as a result of offending activity, likely to deter large companies.
Asked whether the draft legislation makes considerations for persons involved in the business of birding, fishing and farming, in the context of the enforcement of regulations, Headley said that the Bill has no current framework to consider the aforementioned.
Details are also set out for the designation of officers who will be given certain powers, including power of entry, and the right to execute such powers, albeit on private premises.
The Sea and River Defense legislation, Headley said, is being drafted, not to “reinvent the wheel”, but to standardize definitions, avoid conflicts and to develop uniform approaches to tackling issues in the sector. It would also designate flood protection areas and provisions for the enforcement of such areas. Headley explained that the bill will overrule previous legislation, and has included transitionary measures for the admittance of the new bill to law.
Minister within the Ministry of Public Infrastructure, Annette Ferguson, said, “The drafting of the updated Sea Defence Bill will address legal interpretations pertaining to the management of sea and river defenses, the establishment of entities, institutional arrangements, responsibilities, powers and limitations, regulations, funding mechanisms, penalties and reporting among other critical issues.”

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