Jamaica
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STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) IN JAMAICA
INTRODUCTION AND REGULATORY CONTEXT
Although considered a ‘’Small Island Developing State’’ by the United Nations (www.sidsnet.org), Jamaica can nonetheless be considered as something of a leading light in the Caribbean Community (CARICOM) within the field of Environmental Assessment. It has had a well defined system of project level Environmental Impact Assessment (EIA) since the early 1990s that has slowly evolved and been subject to amendment and improvement, and the up-and-coming Strategic Environmental Assessment Policy is set to become the first of its kind in the Caribbean (Emanuel, 2004).
In 1991, the Government of Jamaica (GOJ) passed the ‘’Natural Resources Conservation Authority Act, 1991’’. The Act established the Natural Resources Conservation Authority (NRCA), which was a body of persons appointed by the Minister of the Environment, under the auspices of the Ministry of Land and the Environment, with a mandate to ensure the effective management of the physical environment of Jamaica (Davis –Mattis, 2002). The 1991 Act, in conjunction with the Permit and Licence Regulations (1996) also produced the formal requirement for EIA for some projects. The guidance available at present for the carrying out of EIA is based upon the more recent ‘’Natural Resources Conservation (Permits and Licences) Regulations (Amended) 2004’’ (NEPA, 1997 – Revised 2005).
In more recent history, the Jamaican economy has been struggling (Morgan, 2003), and problems such as a high unemployment and crime rate have made it difficult for policy makers to address the environment as a priority. Aggressively pursuing economic growth and development was perceived by some as incompatible with the goals of improved environmental management (Emanuel, 2004). Despite this, the Government of Jamaica had continued to pursue environmental objectives through a partnership called the ‘’Environmental Action Plan’’ (ENACT) formed primarily between the NRCA and the Canadian International Development Agency (CIDA) which provided support in the form of technical expertise and funding, but also contains a number of other stakeholders. (Morgan, 2003).
Towards the end of the 1990s, there was growing recognition that the high dependency of the Jamaican economy on natural resources (through tourism, mining and agriculture, including cash crops such as sugar and cocoa) meant that improved methods of policy development, including environmental management through SEA, was becoming a priority in order to achieve greater economic efficiencies and safeguard the future use of resources for sustainable development as an economic imperative (Emanuel, 2004). This growing realisation manifested a number of initiatives, to be implemented by ENACT, that attempted to integrate environmental objectives with National policy. These included a ‘’Greening of Government’’ programme which took place between 1997-98 (SIDSNET, 2003a) and also a ‘’Local Sustainable Development Planning Programme’’ in 2001 (SIDSNET, 2003b). The initiatives included the delivery of specialist environmental training to staff of public bodies, and the former also has a major focus on developing and employing a new SEA system in Jamaica.
Reforms to Government bodies in support of these goals have been fairly wide ranging, but notably in 1998 the Cabinet, which is the primary policy making entity of the Government, amended the guidelines for the preparation of Cabinet submissions for proposed policies so that they must now indicate whether, and in what way, the proposals are likely to impact upon the environment (GOJ, 2004). Further reforms took place in 2001, and following a ‘Public Sector Modernisation Programme’, the NRCA was merged with the Town Planning Department (TPD) and the Land Development and Utilisation Commission (LDUC) to create a new executive Agency called the National Environment and Planning Agency (NEPA). The stated aim of NEPA is to ‘’integrate environmental, planning and sustainable development policies and programmes and to improve customer service’’. NEPA is now the primary agency with responsibility for environmental matters and also part of the ENACT partnership.
The primary end product of the ENACT efforts insofar as SEA is concerned is the ‘’Government of Jamaica Policy On Strategic Environmental Assessment (draft), 2004’’, which is awaiting submission to the Cabinet Office of the Government of Jamaica for promulgation into National Policy. Initially this was intended to occur in June 2004 (Emanuel, 2004), however, the document is still listed as a draft, and reports by the Jamaica Information Service (JIS, 2004-6) indicate that the ENACT programme is being extended into 2007 and will receive extra funds to assist in the implementation of the SEA Policy.
STAGES OF SEA IN JAMAICA
1. Screening – ‘’Coverage and Focus of SEA’’ – This step is also described in the draft SEA Policy as ‘’Conducting a Preliminary Scan’’.
Jamaica’s National Policy Framework is based on the Manifesto of the Governing Party, and when promulgation of the SEA Policy finally occurs, SEA will be required by a Cabinet directive for certain plans and programmes (GOJ, 2004). It was considered that although promulgation could have taken place through legislation, a Cabinet directive would combine both political commitment and flexibility, and although legislation implies a higher degree of commitment it does not necessarily lead to better performance and would be more difficult to pass that a Cabinet directive.
The draft SEA Policy intends that in the first instance, SEA will be applied only to plans, policies and programmes of ministries and agencies of the Government whose ‘’primary mandate is geared towards national economic development’’. These are listed as:
• Ministry of Finance and Planning • Ministry of Transportation and Works • Ministry of Water and housing • Ministry of Commerce, Science and Technology • Ministry of Agriculture • Ministry of Tourism and Industry • Office of the Prime Minister (Urban Development Corporation, National Housing Trust) • Office of the Cabinet (Jamaica Promotions – JAMPRO) • Ministry of Local Government, Community Development and Sport (includes all Local Planning Authorities) • Ministry of Land and Environment
For the above listed ministries/agencies, it is intended that any policy, plan or programme that requires Cabinet approval will be expected to be accompanied by an SEA.
Further to the above, the draft SEA Policy also states that, for the ministries and agencies listed, SEA will be mandatory where the policy, plan or programme:
• Will affect natural resources (e.g. increased production of timber) • Will affect large geographical areas or involve particularly radical changes in the ecological or landscape structures or in the land use of local areas • Will affect particularly vulnerable or sensitive areas such as coastal zones, habitats for rare or endangered species or areas of specified recreational value • Is expected to cause considerable adverse impacts on the environment • Is likely to affect the achievement of environmental quality goals • Is likely to affect the number, location, type and characteristics of sponsored initiatives which could be subject to project-level environmental assessments (e.g. a tourism policy leading to the construction of new resorts) • Will involve a new process, technology or delivery arrangement with important environmental implications • Could result in significant interactions with the environment because of its scale or timing • Will make it difficult to comply with environmental objectives, policies or guidelines • Presents any particular risk or may be particularly harmful or irreversible, e.g. emission of heavy metals or toxic substances • Will affect the possibilities of ensuring sustainable national development in Jamaica or preventing environmental damage
Exemptions
The draft SEA Policy provides for a number of exemptions under certain circumstances:
• The existence of a clear and immediate emergency • Where a matter is of such urgency that the normal process of Cabinet consideration is shortened • Where issues have been assessed previously because they were considered in an earlier cabinet submission
2. Scoping
The draft SEA Policy states that the objective of this stage is to ‘’identify the main issues related to the appraised plan, policy or programme’’, and should take in-depth account of:
• The scope and nature of potential effects, including cumulative effects. Which could result from the use of, or changes in, atmospheric, terrestrial, aquatic resources, physical features/conditions or human components of the environment. • Scope and nature of residual effects after mitigation measures. • A classification of each effect as positive or negative. • An analysis of these effects. • An estimation of the likelihood and magnitude of each effect.
3. Mitigation Measures
Required elements are any proposed measures for reducing or eliminating potential adverse environmental impacts, as well as any recommendations for possible changes to the proposal (including any conditions that may need to be applied) to this effect. Any compensation measures for likely adverse environmental effects should also be stated. The draft SEA policy also requires the identification of any uncertainties and opportunities for gathering more information in these areas.
Intended Roles and Responsibilities of Key Players
Cabinet Office – will have ‘’dual responsibilities’’ for articulating the SEA Policy and monitoring implementation. For the latter role, it is expected to set up an SEA Monitoring and Review team that will return Cabinet submissions that have not met SEA requirements, and also assist in the annual review of the SEA policy itself (first review due after 6 months).
Initiating Ministries – will be responsible for conforming to SEA requirements when submitting their own policies, plans and programmes, and also for consulting with other ministries and stakeholders likely to be affected.
The Ministry with Responsibility for the Environment – will be expected to establish an environmental and SEA framework for Jamaica. The Minister will also be responsible for advising other ministers on potential environmental effects before Cabinet decisions are made and advising appropriate courses of action.
Departmental and Agency Officials – will ensure that an assessment of environmental effects of initiatives is completed where required and that managers and ministers approving initiatives are properly briefed.
Technical Agencies (e.g. NEPA) – will provide all the environmental data needed to those carrying out SEA. It is acknowledged that this role will need to be more accurately defined.
Guiding Principles of the SEA Process
These are explained in more detail in the draft SEA Policy but are simply listed below, as most are common to other SEA systems:
• Early Integration • Examination of Alternatives • Flexibility • Self-Assessment (within the ministry or agency) • Appropriate Level of Analysis • Accountability • Use of Existing Mechanisms • Partnership (including stakeholder and public involvement)
Required Format of SEAs
The draft SEA Policy stipulates that the Cabinet Office will decide upon a standard format for SEAs with a view to enabling future quality control and compliance monitoring. An example has been included of what a checklist / table type of proforma SEA could look like and the following information is explicitly required:
• Identification of the main environmental issues and their significance • A statement to the effect that the proposal either supports or detracts from existing environmental goals and international objectives • Outline of the main public concerns • A list of groups and interests consulted • An outline of mitigation proposals • An outline of implementation for a monitoring plan.
Other Issues Relating to Implementation
One promulgated, the SEA Policy is intended to apply only to the listed ministries, and it is expected that this list will grow once monitoring and review have refined the process.
The structure of the quality control system envisaged involves training in SEA for Policy analysts being provided by the Cabinet Office and other Agencies such as NEPA. In particular, the Policy Analysis and Review Unit (PARU) of the Cabinet Office is to be provided with the capacity to review the quality of all SEAs received, although the issuing ministry is also expected to have internally quality-checked the out-bound SEA.
EVALUATION
The draft SEA Policy for Jamaica appears to be a positive and deliberate step towards the objectives of sustainable development and environmental protection which is remarkable in view of Jamaica’s other economic concerns.
Areas where the draft Policy specifications are noticeably thin include the definition of ‘cumulative impacts’. In this respect, and where Screening is concerned, it would have strengthened the process to specify that the list of potential triggers for SEA (in terms of likely significant environmental effects occurring) apply both to the subject policy/plan/programme alone, and also in combination with other policies, plans or programmes. This would have extended the reach of the SEA system to address significant impacts arising from ‘Inter-Plan’ effects. The principle of addressing alternatives to the proposal has been incorporated.
There appears to be some confusion arising over the matter of public consultation, as parts of the draft Policy refer to the use of Public consultation in the SEA, and giving the public equal opportunity to submit comments or challenge decisions made in the SEA (although there is a Caveat inserted that mentions the possible need for confidentiality), but the section entitled ‘Transparence’ states that the SEA will be made public after the Cabinet has made its decision. It is possible that public confidence and perceived ‘ownership’ in the process would be improved by a more clearly defined ability to have an influence in the SEA process.
Broadly speaking, the draft Policy appears to be ‘fit for purpose’ and it is acknowledged that it will be improved over time as practice is reviewed. The draft Policy presents an informative breakdown of the environmental problems facing Jamaica, and how the SEA system is hoped to help address them.
CASE STUDIES
As SEA is not yet adopted policy in Jamaica, examples of practice are scarce. Two examples are given below:
Highway 2000 – This was a major infrastructure project for the Millennium to link Jamaica’s Capital city, Kingston, to Montego Bay. An SEA was requested by the Development Bank of Jamaica (the executing agency for the project) and this involved realignment of the proposed route to minimize environmental impacts. Mitigation measures were also proposed for potential adverse impacts. It is notable both because is was undertaken before the draft SEA Policy was released, and also because the consultants that prepared the assessment were also associated with the implementation of the ENACT programme.
Available at: [1]
Amaterra Resort Development, Duncans Trelawny – Although this assessment is described as an SEA, it appears to be an entirely project level assessment (EIA). The confusion appears to reinforce the need for an overarching SEA Policy in Jamaica.
Available at: [2]
REFERENCES
Davis-Mattis, L (2002). ‘’Jamaica’s Commitment to the Conservation and Management of Natural Resources… ten years in retrospect’’. Unpublished Paper. National Environment and Planning Agency (NEPA). Available at: [3] (accessed 16/3/07).
Emanuel, E (2004). ‘’Strategic Environmental Assessment – A case study of Jamaica’’. Available at: [4] (accessed 17/3/07).
Government of Jamaica (GOJ, 2004) et al. ‘’Policy on Strategic Environmental Assessment (draft)… towards sustainable national development’’. 2004 version available at: [5] , or 2003 version at: [6] (accessed 17/3/07).
Highway 2000 (H2K, 2000). ‘’Highway 2000 and the Environment’’. Available at: [7] (accessed 17/3/07).
Jamaica Information Service (JIS, 2006). ‘’$109 Million Allocated to ENACT’’. Available at: [8] (Accessed 15/3/07).
Jamaica Information Service (JIS, 2005). ‘’ENACT Programme Extended to 2007’’. Available at: [9] (accessed 17/3/07).
Jamaica Information Service (JIS, 2004). ‘’$70 Million Allocated to ENACT’’. Available at: [10] (accessed 15/3/07).
Morgan, P (2003). ‘’Organising for Large Scale System Change: The ENACT Case in Jamaica’’. European Centre for Development Policy Management. Available at: [11] (accessed 16/3.07).
National Environment and Planning Agency (NEPA, 1997)(Revised 2005). ‘’Guidelines for Conducting Environmental Impact Assessments’’. Available at : [12] (accessed 17/3/07).
Small Island Developing States Network (SIDSNET, 2003a). ‘’The Greening of Government’’. United Nations Department of Social and Economic Affairs. Website: [13] (accessed 17/3/07).
Small Island Developing States Network (SIDSNET, 2003b). ‘’Local Sustainable Development Planning (LSDP) in Jamaica’’. United Nations Department of Social and Economic Affairs. Website: [14] (accessed 17/3/07).
Technological and Environmental Management Network Ltd (TEMN, 2005). ‘’Strategic Environmental Assessment: Amaterra Resort Development, Duncans Trelawny’’. Available at: [15] (accessed 15/3/07).
Ben Kite 19/3/07
