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| Environment Tribunal Backs Down On Closures |
| Monday, 12 May 2008 | |
 (TBT) Embarrassing Turn-Around After Threat To Coastal Projects. Confusion reigned among builders and developers in Guanacaste this week, as the Ministry of Environment and Energy first announced it would shut down projects worth nearly a billion dollars, but 24 hours later had backed down.The embarrassing about face began Wednesday when the Administrative Environmental Tribunal, a decentralized department within the Ministerio de Ambiente y Energía (MINAE) issued a press release saying .... .... it was closing down so-called “mega-projects” in Tamarindo, Brasilito, and Playa Potrero. It listed six projects, which included the $300 million-dollar Hyatt Hotel development, the $500 million Canyon Ranch project, the Hotel Bahía del Sol, in Playa Potrero, and a condominium project on Punta San Francisco, which is part of the development known as Tamarindo Preserve. The Administrative Environmental Tribunal said in its release closures would begin at 9am Thursday. “We have done environmental sweeps and when we find projects that are not meeting environmental law, as a cautionary measure we close the project,” José Lino Cháves, President of the Tribunal told The Beach Times, Wednesday. “We consider that we are in an area of accelerated development; we have to inspect the projects and close them where there is an obvious disregard for the law,” he added. Mr Cháves said projects were being closed for invasion of protected areas and mangrove swamps, felling of trees, and construction without permits or environmental viability studies. “If, during the inspection we see serious anomalies that are damaging to the environment, we proceed to close,” Mr Cháves said. “If we wait and draft a resolution in San José, some 15 days can pass and this would not stop the work and cause irreparable damage.” One of the threatened closures followed a complaint from the Federación Costarricense para la Conservación del Ambiente (FECON), a group of environmental organizations. “There’s a complete lack of control on the part of the authorities,” said Gadi Amit from the Confraternidad Guanacasteca, which is part of FECON. “Permits are given, and something else is built; therefore there are no permits if everyone is doing what they want.” But what quickly became clear was that the Tribunal announcement had overstepped legal boundaries. In its release the Tribunal asked the information be kept strictly confidential for the closings to proceed legally. That did not stop local papers and at least one online site publishing the names of projects to be closed. Equally clear was that the Tribunal did not have the backing of key elements of the government to go ahead with the closures. “This is a circus,” said one senior government official, who did not want to be named. The closure orders flew in the face of several ministries which have openly supported some of the projects earmarked by the Tribunal. President Óscar Arias himself announced the $300 million Hyatt Azulera project in May 2006. Further, a ground-breaking ceremony for the project, which will include the 214-room hotel, 100 condominiums, up to 240 villas and an 18-hole golf course, was attended by the Minister of Public Works and Transport, Karla González, and the Minister of Tourism, Carlos Ricardo Benavides. Also listed as facing closure was Mar Serena S.A., the company name for the 290-hectare (720 acres) property on Playas Zapotillal and Nombre de Jesús, between Playas Conchal and Tamarindo. That will be the site of a Canyon Ranch and Spa Resort, as well as an 18-hole golf course designed by Gary Player. The global financial giant, Lehman Brothers is reported to be behind the deal. About a dozen officials did arrive in Tamarindo early Thursday, including representatives from the Tribunal, the Area de Conservación Pacífico Central (ACOPAC), MINAE’s water department, Las Baulas Marine Park in Playa Grande and the Environmental Department of the Municipality of Santa Cruz. Conspicuously absent was anyone from the National Technical Secretariat of the Ministry of Environment (SETENA). In the end, and despite the earlier announcement, the group restricted themselves to inspections only. There were no closures. “We were unable to carry out any of the closings,” confirmed Gabriela Hernández, a spokesperson for the Tribunal. “By next week we will have a list of precautionary measures for all these projects.”  Photo (Zoraida Diaz): Tamarindo Inspection: The Secretary of the Administrative Environmental Tribunal, Jorge Bonilla (left) and the Director of the Area de Conservacion Pacifico Central, Carlos Vinicio Cordero, in Tamarindo this week. In the end, there were no closures. “One judge was hospitalized and couldn’t sign,” she said. “We had to suspend the closings.” Nonetheless, Jorge Bonilla, Secretary of the Tribunal, said their inspections had found a litany of wrong-doing. “There are invasions in protected areas, riverbeds, creeks and their sources,” Mr Bonilla said. “There is an exploitation of hillsides for material that is processed in-site and used as lastre within the projects,” he added. “There is a felling and use of the wood in protected areas; in one instance, we even found men at work. We confiscated the machinery.” The Tribunal’s Cháves insists he has a mandate for the closures. “The philosophy (behind the sweep), since January, was at the urging of the National Environment Council, presided over by Óscar Arias and Roberto Dobles (the Minister of the Environment and Energy),” he said. “We would not be able to do this easily, if we didn’t have the support of the branch minister.” While there have been no closures, developers remain wary. Richard Muller, of Main, Muller and Associates, the builders behind the 200-hectare (500 acres) Tamarindo Preserve project, says the announcement was too general. “They visited our project on Tuesday, but once they saw all our permits, they left,” Mr Muller said. “We have a SETENA permit for every single unit,” he said. “If they abide by the rules, and I think this Environmental Tribunal is abiding by the rules, then we are in perfect shape.” The week’s events also highlight the difficulties of the government’s two-pronged approach to tourism. On one hand President Arias came to power promising much-needed foreign investment. On the other, the government remains committed to protecting the environment. Asked this week to list his accomplishments as Minister of Tourism, Mr Benavides said: “Having established decrees with the support of the executive power that have allowed regulations for the unfettered growth in the area of Guanacaste.” He was referring to work on a wide-ranging planning decree, signed by the President in April, which will radically restrict development along the Guanacaste coast. Most agree the decree is needed, but the trick will be enforcing it. And ensuring there is no repeating the events of the week. Comments (0)
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