Court restrains mining operators until residents’ claim ventilated

THE SUPREME Court on Friday granted an order barring Noranda Jamaica Partners II and New Day Aluminum (Jamaica) Limited from commencing or continuing any mining activity under Special Mining Lease 173 in parts of St Ann and Trelawny.

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/applicants have demonstrated that there are serious issues to be tried. There are reasonable grounds for bringing the claim and their statement of case demonstrates that the claim is neither frivolous nor vexatious.

The court stated that it was of the view that the risk of irreparable harm to the claimants was apparent and 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/applicants, the court ruled.

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

The nine claimants, who sued the bauxite companies and the attorney general, are being represented by Michael Hylton, KC, and attorneys-at-law Malene Alleyne, Melissa Mcleod and Daynia Allen, instructed by Hylton Powell.

The claimants, who are seeking damages, contend 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 to 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.

The claimants say they all live or farm near to where the mining activities are taking place.