Court bars mining of lands linked to Cockpit Country in St Ann

The Supreme Court today granted an order barring Noranda Jamaica Partners II and New Day Aluminum (Jamaica) Limited from commencing or continuing any mining of lands some residents claim are in the Cockpit Country in St Ann via Special Mining Lease (SML) 173.

The injunction is to remain in force until the claim brought by several residents in the area is heard and determined.

The law firm Hylton Powell, which is representing the claimants, is to prepare, file and serve the court orders.

In granting the injunction, the court said it accepted the evidence of the defendant companies that the bauxite mining exercises, which were carried out by them pursuant to special mining leases 165 and 172, have ceased and that any work being carried out in respect of those leases was limited to reclamation work.

Therefore an injunction was not granted in respect of those licences.

It was the court's finding that the claimants have demonstrated that there are serious issues to be tried.

There are reasonable grounds for bringing the claim and the statement of case demonstrates that the claim is neither frivolous nor vexatious, the court stated.

The court further stated that it was of the view that the risk of irreparable harm to the claimants was apparent and that the balance of convenience lies in favour of the granting of the injunctive relief sought in respect of Special Mining lease 173.

Damages would not be an adequate remedy for the claimants, the court ruled.

In light of the magnitude of the issues raised by the claimants, the court said it ought properly to exercise its discretion in favour of waiving the requirement that the claimants give an undertaking as to damages.

The nine claimants who sued the bauxite companies and the Attorney General are being represented by King's Counsel Michael Hylton and attorneys-at-law Malene Alleyne, Melissa McLeod and Daynia Allen instructed by Hylton Powell.

The claimants, who are seeking damages, are contending that the bauxite mining activities have breached or are likely to breach their fundamental right to life, the right to receive information, and the right to reside in any part of Jamaica.

They complain of breaches of their right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage and the right to protection from degrading treatment.

- Barbara Gayle

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