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Abeng — Jamaica news

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Government to appeal Bengal mining court ruling that curbed ministerial power over regulators
GLEANER

Government to appeal Bengal mining court ruling that curbed ministerial power over regulators

The Government will appeal a landmark Constitutional Court ruling that struck down a ministerial decision to override an environmental regulator's rejection of bauxite and limestone mining in an ecologically sensitive area of St Ann.Information Minister Dr Dana Morris Dixon made the disclosure at Wednesday's post-Cabinet press conference in response to a query from The Gleaner."We briefly discussed the ruling and it is my understanding that the attorney general's chambers, they will be appealing," she said, before adding: "In terms of the implication of it, we've not been able to go through; I know I, personally, have not gone through the full judgment and that's not been brought to Cabinet for us to look at, what are the implications coming from it."The court's ruling, delivered by Justices Sonya Wint-Blair, Andrea Thomas and Tricia Hutchinson-Shelly, declared unconstitutional an environmental permit granted to Bengal Development Limited to mine bauxite, peat, sand and other minerals in the ecologically sensitive Dry Harbour Mountains, located between Rio Bueno and Discovery Bay in St Ann. Both the permit and the ministerial decision authorising it were ruled "unconstitutional, void, and of no effect." The court declared that the permit was likely to breach residents' rights to a healthy environment and the protection of their ecological heritage