Opposition to Proposed Changes to Conservation Act, Concerns Raised Over Risks and Governance

The proposed amendments to the National Conservation Act have drawn strong criticism from the political group comprising the four MPs who resigned in November, along with former Premier Wayne Panton.

The National Conservation (Amendment) Bill, 2024, includes changes that reduce the powers of the National Conservation Council (NCC) and shift key decision-making authority to the Cabinet. Critics have flagged significant risks associated with these amendments, as well as the government’s timing of the bill’s gazettal and its broader approach to advancing controversial legislation as a minority government.

“This proposed amendment represents a step backward for Cayman,” said Wayne Panton. “When the original National Conservation Law was unanimously passed under my stewardship in 2013, it was a landmark moment in protecting our islands’ natural heritage. The Law received support from all members of the Legislative Assembly after more than a decade of debate and discussion across successive administrations. It reflected a collective commitment to safeguarding our environment for future generations. These proposed changes gut the intent of that law and open the door to bad governance and political interference in matters that should be guided by science and sustainability.”

The amendments undermine accountability by weakening the NCC’s authority, giving Cabinet greater control over conservation decisions, and removing key checks and balances. This shift risks prioritising special interests and politics over science, jeopardising critical conservation efforts, and eroding public trust in environmental protections.

“The proposed changes mean that the Caymanian people will lose critical protections, as Cabinet has exempted itself from oversight. This means major projects such as the George Town port, the airport, major roads, a new solid waste facility or landfill, and even the touted new port in Breakers could proceed without requiring an Environmental Impact Assessment (EIA),” added Panton.

“The original Act was a foundation for a sustainable future, carefully balancing development with environmental stewardship,” said Katherine Ebanks-Wilks, former Minister of Sustainability. “As someone who has championed sustainable development, I am very concerned by the weakening of protections for critical habitats and the dilution of the Council’s authority. This move signals a disregard for the hard work of so many Caymanians who fought to protect our unique natural environment.”

“The passage of the NCA over the past 10 years has clearly not hindered development—on the contrary, development has surged at an alarming pace, a trend that deeply concerns many Caymanians. These proposed amendments are unnecessary and, even more troubling, could further accelerate overdevelopment and lead to irreversible destruction,” added Ebanks-Wilks.

The group also criticised the timing of the Bill’s gazettal, which, while technically meeting the requirement for a 28-day consultation period, appears to undermine meaningful public engagement.  “The Bill was gazetted on New Year’s Eve, a time when most people are celebrating with family and unlikely to engage with important legislative updates,” said André Ebanks, former Deputy Premier. “This timing raises serious questions about the government’s commitment to transparency and public input.”

Adding to their concerns, the group pointed to other controversial legislation that the minority government is seeking to push through before the end of its term. These include the proposed Referendum Bill and other significant transactions.

“We are deeply concerned about the minority government attempting to advance and finalise significant and controversial matters that require Parliamentary approval,” Ebanks said. “These highlight key reasons the four of us chose to resign. The transactions and Bills currently under consideration were being contemplated prior to our resignation, and we did not wish to be bound by, or advocate for them. As a current member of the House Business Committee, I will not support adding this Bill to the upcoming meeting’s agenda.”

He continued, “Despite its diminished numbers, the minority government appears determined to proceed with these matters before the end of its term, for reasons that remain unclear. Such important decisions should be handled by a new government with a clear electoral majority. It would be more appropriate for the current minority government to focus solely on day-to-day operations until the April 2025 election.”

Protecting our environment is not optional; it’s essential to preserving our way of life for generations to come,” Panton said. “We cannot allow political convenience to take precedence over conservation.”