House approves new Sea and River Defence Act

May 18, 2024 News

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…Opposition says law empowers Govt. to distribute waterfront lands to friends and family

Kaieteur News – The Opposition’s calls for the Sea and River Defence Bill 2023 to be sent to the Special Select Committee for further refining was on Friday dismissed in the National Assembly, as the House voted in favour of the proposed legislation as presented by the Minister of Public Works, Juan Edghill.

The Bill seeks to repeal and replace existing legislation on sea and river defence, to make provision for protection from inundation from the sea or rivers and to provide for the establishment, construction and maintenance of sea and river defences, natural defences and to provide for related matters.

Six Members of Parliament (MP), including Edghill, the former Minister of Public Infrastructure, David Patterson as well as Opposition MPs, Khemraj Ramjattan and Amanza Walton-Desir debated the proposed legislation. On the government side, Minister within the Ministry of Public Works, Deodat Indar and Minister of Agriculture, Zulfikar Mustapha threw their support behind the proposed law.

Edghill in opening the debate on the Sea and River Defence Act explained that in 2019, the previous government engaged a foreign consultant that was assisted by a local consultant to update two separate pieces of legislation. The Bill merges those laws and ensures it is reflective of the current situation in the country, the Minister posited.

He was keen to note that the current legislation dates back to 1883 and while it has been updated on numerous occasions it remains unaligned with current international standards and sustainable development.

To this end, he assured, “This updated Sea and River Defence Bill, 2023 when enacted will replace the existing legislation, Sea Defence Acts Chapter 64:01 and Chapter 64:02, consolidating the existing legislation into a single Act.”

Edghill told the National Assembly that the legislation seeks to enhance among other things, the functions of the Sea and River Defence Board and introduce flood management systems to ensure defences are properly identified, designed and maintained, while at the same time enhancing public participation and consultation.

Notably, the new Law also seeks to increase criminal penalties and introduces administrative penalties for minor offenses. Edghill said previously, the outdated legislation imposed a penalty of $30,000 and imprisonment for six months; the new maximum penalty for corporate entities is capped at $10M and maximum general penalty for individuals is $1M.

Meanwhile, opening the debates from the Opposition’s side of the House was Walton-Desir who called for the Bill to be sent to the Special Select Committee.

In her first observation, the Opposition MP pointed out that naturally occurring sea defences were not included in definition of sea or river defences but suggests that structures have to be “constructed” against flooding. To this end, Walton-Desir noted that no penalty will be imposed if the natural defences are destroyed.

Pointing out yet another “lacuna”, she argued that Guyana’s coast is expected to be inundated by 2030. To this end, the MP pointed to the need for climate resilient standards to be introduced when planning for sea and river defences.

Waterfront for family and friends?

In his contributions to the debate, Patterson said the new Bill interprets sea and river defence as any dam, concrete, stone, wall, timber or other construction used by the Sea Defence Board as protection against flooding from the sea.

He drew the Assembly’s attention to the old Act, which defined sea defence as “all land, 50 feet land’s worth from the center line of any sea or river dam, or sea or river wall under paragraph ‘A’ and all land on the other side of such sea and river defence dam or sea and river defence wall in the direction of the sea or river…all land from the crest of the top of any reef, bank or natural feature under paragraph ‘D’ and all land on the other side thereto in the direction of the sea or river as part of the mean river mark.”

Patterson said all cadastral plans since 1883 has been drafted 50 feet away from the river side and no one was allowed to claim it since it was clearly enshrined in Law.

To this end, he pointed out that the new Law removes that requirement and makes no mention of maintaining that demarcation. In fact, the former Minister noted that the Sea Defence Board is empowered to establish a sea defence zone, allowing government to control the lands. This means that the government can now lease the lands and deny access to the general public, according to Patterson.

Opposition MP, Khemraj Ramjattan also zeroed in on his colleague’s point. In fact he told the House, “You have rigged this piece of legislation to get waterfront property for your friends and family.”

Concluding the debates, Minister Edghill lambasted the Opposition for failing to submit amendments to the National Assembly on the Bill, tabled since December 2023, but calling for the proposed law to be referred to a Special Select Committee. The Bill was then passed in the National Assembly and will soon be assented to by President Irfaan Ali.

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• David Patterson, Juan Edghill, Minister of Public Infrastructure, Minister of Public Works, Special Select Committee

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