The Jamaica Environment Trust (JET) expresses concern over the repeated discharges into the Rio Cobre which have negatively impacted the water quality of the river resulting in fish kills and loss of livelihood for fishers and community members.

This is a long-standing problem. Over decades and under different management/ownership, Windalco has received multiple breach notices and are currently the defendants in a legal case filed by the National Environment and Planning Agency (NEPA) over a 2019 discharge into the river which resulted in a massive fish kill and several persons falling ill.

After preliminary tests, NEPA has stated that Windalco is likely responsible for Monday’s fish kill in the Rio Cobre. They have said that Windalco is in breach of the Wildlife Protection Act and the Agency is contemplating legal action against them.

The repeated nature of these offences suggests a lack of respect for Jamaica’s environmental laws and regulations and the human rights of those who have been negatively affected.

Unfortunately, the fines for such offences under the Natural Resources Conservation Authority (NRCA) Act are quite low – J$50,000 for a breach of permit, and under the Wildlife Protection Act only J$100,000.

Fines at this level do not act as a deterrent for companies that earn millions of dollars in revenue annually.

The NRCA Act allows for a licence or environmental permit for operation to be suspended or revoked. Strong actions such as this should be considered given the recurring nature of the offences. Alternatively, a civil claim could be filed whereby the offending company could be sued for environmental damage and loss of livelihood.

Dr Theresa Rodriguez-Moodie, CEO of JET said, “It is clear that something more radical needs to be done to protect the environment and the lives and livelihoods of communities in the area. The regulatory framework is inadequate to protect our rivers or our people, which all of us should have an interest in.”

JET is particularly concerned regarding this history of recurrent breaches, as Windalco is currently seeking licenses and permits to conduct an expansion of bauxite mining in St Ann.

• Related article: Windalco in hot water after Rio Cobre contamination; NEPA seeks to lay criminal charges for deadly discharge