A Dispute over Development in the Sea in the Caribbean Shores Goes to Court
For weeks, a developer in Belize City and the Department of Environment, have been entangled in a dispute. Businessman, Dion Zabaneh, according to the Department of the Environment has not been complying with an order to stop reclaiming sea front in the Caribbean Shores area where he intends to construct. It all came to a head on Friday, and now the matter is heading to court. At the centre of the dispute is how the developer ended up with title to lot 4670, a portion of the sea. Zabaneh has not responded to request for interviews, but News Five’s Duane Moody today spoke to the Department of Environment.
A land dispute between the government and a developer is going to the courts on Wednesday after the titleholder refused repeatedly to comply with a cessation order issued by the Department of Environment. On January eighteenth, an enforcement notice was issued by a D.O.E. rep in the company of a police officer. The situation escalated and the legal reps from both the police and the ministry intervened, and they were treated with hostility as can be seen in this live social media video. Ten days later, however, on Friday, the department was successful in filing a lawsuit against the developer, Dion Zabaneh.
Jeavon Hulse
Jeavon Hulse, Legal Counsel, Ministry of Forestry Fisheries, Sustainable Development & Environment
“The Department of Environment on January eighteenth issued an enforcement notice effectively ordering the owners of the parcel to cease all activity on said parcel and to restore the parcel to its original state. As you may have seen, the guy on both occasions was very hostile to the officers who attended and essentially assault is once you apprehend fear so I don’t even need to hit you. And his demeanour, his attitude, his approach was that of a hostile person intending to hard the officers.”
Duane Moody (Stand Up)
“I am currently standing on what was once the Caribbean Sea, but this area was designated as parcel number 4670, the titled property of Primrose Gabourel. For the past week and a half, her son Dion Zabaneh has been filling up, literally taking in the sea. This does not sit well with the Department of Environment, which has since issued a stop order.”
Dion Zabaneh
Residents in the area are perplexed and say it is déjà vu because back in 2006, an injunction was obtained after concerns were expressed about the validity of a title being issued by the Lands Department for a portion of the sea, which was sold to a developer. While it does not fall under the purview of the Department of Environment, Jeavon Hulse says that title aside; the developer needed environmental clearance from his department for works to be done.
Jeavon Hulse
“Any activity that may have any significant impact on the environment; that prior to commencing any developmental activity that they first obtain environmental clearance.”
Duane Moody
“That did not happen?”
Jeavon Hulse
“In this instance, no.”
Duane Moody
“So what happens now because we understand there was a back and forth since the eighteenth between the department and the property owner and specifically with abiding to the law?”
Jeavon Hulse
“Following the eighteenth, the department issued the cessation notice—well the enforcement notice, being more legally specific. At that point, the developer failed to comply. The person on the ground on that occasion, rather than entering a confrontation with the developer, we thought it best that we come back and prosecute with failure to comply with the enforcement notice that was issued.”
Zabaneh’s actions over the past ten days are in contravention of the Environmental Protection Act and the charge of failure to comply with an enforcement notice carries a hefty fine of twenty-five thousand dollars per day.
Jeavon Hulse
“Because of repeated occurrence and it was basically a slap in the face to have this activity continuing and the developers seeming as though they were immune to the law that the heads decided no we need to stop it and as such a stronger team was sent on the ground to physically stop all activities. The matter will be considered at the court insofar as the enforcement notice that was issued and the violation of that enforcement notice. In addition, charges were also laid with respect to failure to comply with the environmental legislation.”
Residents say that the damage is done and the area cannot be returned to its natural state. Hulse says with the desired effort, the landfill can be cleared. Meanwhile, titles to portions of the sea are of concernto the Department of Environment.
Jeavon Hulse
“Areas in this instance such as the sea floor, the seabed would be areas of concern and you would want to ensure that whatever rights that may accrue as a result of the seabed that it takes into consideration the environmental issues.”
Duane Moody
“Acts like these have been done before, where parts of the sea has been reclaimed or filled?”
Jeavon Hulse
“I believe so. If you look at the entire Marine parade; that was reclaimed land; that was land taken from the sea and not you have a nice…”
Duane Moody
“But it got approval and everything?”
Jeavon Hulse
“But that went through the process. What we are advocating is process. In this instance there was a process that the developer needed to follow and he failed to follow that process and so now we are in this situation that we are now in.”
Duane Moody for News Five.
