PRESS RELEASE: 2011.08.15
On the Court of Appeal Judgment in VIEC v AG and Quorum (BVI) Ltd
The Virgin Islands Environmental Council is satisfied that the Court of Appeal judgment handed down on 12th August 2011 upheld the finding that the judicial review could have proceeded even though it failed to join the Minister of Planning as a defendant. However, we are very disappointed by the finding that Hans Creek is not legally a protected area.
This finding has numerous negative implications. Firstly, it effectively invalidates the entire fisheries protected area system in the BVI – it means that none of the 14 designated as Fisheries Protected areas in the Fisheries Regulations 1997 are protected areas under the law. Secondly, it undermines confidence in legislation for environmental protection in the BVI as it seems to suggest that the Government’s legislative drafting skills are so poor and ineffective that the laws are not worth the paper they are written on. The Government’s arguments in the High Court that the law was ineffective also suggests the Government will not uphold a protected area designation if it suits its purposes not to do so. Thirdly, it re-iterates once again that environmental justice and access to justice, while worthy of pursuit, are very difficult to attain. The finding that the Hans Creek Protected Area would suffer a negative environmental impact from the development was never challenged at the Court of Appeal. It is accepted that the project in the approved design cannot possibly be built without this negative impact, which is purportedly against the law. What was challenged was the validity of the protected area status, and the identity of the person named as the defendant. There was no challenge to the environmental facts.
The VIEC is awaiting the written copy of the judgment. Once this is received, our legal team, which could not be in attendance due to the short notice of the judgment delivery, will consider the grounds for further appeal. Until we have time to reflect on the decision, VIEC does not accept the Court of Appeal’s finding that Hans Creek and the other designated areas are not protected by law. Even so, as a matter of urgency, the VIEC will be calling on the Government to correct this potential weakness in the Virgin Islands’ protected areas system. As VIEC Director, Dr. Quincy Lettsome notes that this weakness is a dangerous threat to the beauty of the Virgin Islands and what is referred to as Nature’s Little Secrets.
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Rescue from inferno at Branson's Necker Island: Hero Kate Winslet carries Virgin boss's mother, 90, to safety after lightning strike
- Branson thanks Oscar winner Winslet for helping carry his mother to safety
- Sir Richard calls for 'Dunkirk spirit' after island battered by Hurricane Irene
Last updated at 1:22 AM on 23rd August 2011
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Kate Winslet and her children were among VIP guests forced to flee Sir Richard Branson’s luxury Caribbean home after a night-time blaze ripped through the building.
The multi-million-pound Great House on Necker, the Virgin tycoon’s £60million private island, was struck by lightning in the early hours of Monday when the region was battered by 90mph Hurricane Irene.
Flames quickly ravaged the wood and stone mansion forcing those inside, which included Miss Winslet and her two young children, to run for their lives in their pyjamas.
Blaze: Guests watch helplessly as the home of Richard Branson burns on his private Necker Island
Inferno: Fire rages at the luxury property but thankfully all guests managed to flee to safety
Devastation: Sir Richard said about 20 people, including Kate Winslet, were staying in the eight-bedroom Great House on Necker, his private isle in the British Virgin Islands
Hero of the hour: Actress Kate Winslet, left, and her young children were among the guests rescued by Sir Richard's son Sam, right, after the fire broke out on Necker Island
'Completely destroyed': Sir Richard says his son, Sam, helped to evacuate some guests from the house
According to Sir Richard, courageous Miss Winslet acted like a true Hollywood heroine as she swept his 90-year-old mother Eve into her arms and helped carry her to safety as the mansion crumbled around them.
Also present in the 20-strong party was Sir Richard’s 29-year-old daughter Holly, who had been due to marry at the eight-bedroom property, which boasts stunning views of white sandy beaches and crystal-clear waters, on November 20.
Sir Richard, 61, was staying in another villa around 100 yards away with his wife Joan and son Sam and apparently ran naked towards the flames shortly after 4am.
Sam, 25, who had heard explosions coming from the house and raised the alarm, bravely rushed inside to help the guests get out. Fortunately there were no injuries.
Sir Richard said: ‘Around 20 people were in the house and they all managed to get out and they are all fine.
‘We had a really bad tropical storm with winds up to 90mph. A big lightning storm came around 4am and hit the house. It took hold incredibly quickly, with flames 100ft high. It ripped through the house very quickly.
‘Sam heard explosions in the main house and raised the alarm. He and my nephew Jack rushed to the house and helped get everyone out.
‘Kate Winslet, her boyfriend and her family were there and Holly and some of her friends were also staying. My mother was there and they managed to get her out and she is fine.
‘The main house is completely destroyed and the fire is not yet completely out. My office was based in the house and I have lost thousands of photographs and my notebooks, which is very sad. But all family and friends are well – which in the end is all that really matters.’
Of Miss Winslet’s role, Sir Richard told ITV News: ‘It was she who carried my mother out of the house. She said it was like being on a film set where you’re waiting for the words “cut” but they just don’t come. So it was quite surreal for her to be in a real-life situation.
‘She carried my Mum out of the house. My Mum is 90 and can walk but it was more just to speed the process up than anything else but anyway, she was great. She swept her up into her arms and got them out of the house as fast as possible.’
Miss Winslet, who won an Oscar for her role in the 2008 movie The Reader, has a daughter Mia, ten, from her first marriage to Jim Threapleton, and a son, Joe, seven, by second husband, director Sam Mendes, from whom she is separated. She is believed to be dating model Louis Dowler.
Sir Richard recalled how he rushed towards the flames naked in order to try to save his family.
‘It was terrifying for me because my daughter and nephews, nieces, friends were all staying in the house so I just ran, naked, towards the house to try to make sure I could get people out,’ he said.
Destroyed: Richard Branson's luxury home was hit by lightning last night during tropical storms in the Caribbean
Idyllic: Sir Richard says the fire, which broke out during a storm, has devastated the property
Airy: The living room of the Great House on Necker Island
Spacious: One of the eight bedrooms in the Virgin tycoon's luxury property
Necker Island is a private isle which Branson has owned since the eary Eighties, the locator map, right, shows its location in the warm, clear waters of the Caribbean sea
Yesterday it was still raining heavily, according to staff who were surveying the smouldering damage, and the fire still wasn’t entirely put out.
Dramatic photographs released by Sir Richard showed flames consuming the stunning mansion, which he built in 1982 in ‘Balinese’ style, with open-air bedrooms overlooking the ocean.
The island, which he bought for £180,000 in 1979, is used by both family members and friends but can also be rented for £34,000 a night.
Ever the optimist, Sir Richard said he was determined to rebuild the property. ‘It’s very much the Dunkirk Spirit here,’ he said. ‘We want to rebuild the house as soon as we can. We have a wonderful staff here and we want them to stay in work.
‘We’ll all stay here for the time being. There’s a lot of damage and we won’t be able to stick it back together again right away. It was a beautiful house.
‘We will rebuild the house as soon as we can. We’ll all stay here. There’s a lot of damage but we’ll create something even more special out of the ruins.’
For the time being Sir Richard and his party will take over six exotic ‘Bali’ style villas dotted over the island.
A spokesman for Virgin could not confirm whether Holly Branson’s wedding to shipbroker Freddie Andrews, due to take place there on November 20, would still go ahead.
But sources close to the tycoon said: ‘They are really quite a remarkable family. They just get on with it. They are already sitting round as a family coming up with new design ideas. It is amazing really.’
The Duke and Duchess of Cambridge have sent text messages of support, friends of the couple told the Daily Mail.
Hurricane Irene is now heading for the U.S., with Florida in its sights. Winds of more than 100mph could reach the U.S. coastline by the end of the week, forecasters said.
Residents and holidaymakers in the region hugely popular with British tourists in the peak summer season have been urged to prepare with evacuation orders possible by midweek.
Storm warnings have also been issued for holiday spots including the Dominican Republic, the British Virgin Islands, the U.S. Virgin Islands, the Bahamas, and the Turks and Caicos Islands. And there is a possibility that Hurricane Irene could hit land in Haiti, where 600,000 people are still living without shelter in the aftermath of last year’s devastating earthquake.
Puerto Ricans awoke yesterday to flooded and debris-strewn streets as the hurricane pounded the U.S. island territory.
Trees were uprooted, rivers overflowed their banks and more than a million homes were left without power, but there were no reports of any deaths.
As much as ten inches is expected to be dumped on Puerto Rico before the storm passes.
All have open walls giving a 360-degree view and cooling winds from any direction in the house.
He bought it for £180,000... and courted stars and royalty alike
Guests: Diana and Harry visit the island in 1990
When Richard Branson viewed the rocky outcrop that was Necker in 1978, it was love at first sight.
Initially he planned to buy it to create a luxury Caribbean outpost for the music royalty signed to his Virgin record label.
But it soon became a second home for the British tycoon and his family – and anyone else wanting to stay for a mere £1,115 a night.
Over the years it has attracted an A-list crowd, including Princess Diana, who used to holiday with her young sons William and Harry.
Branson’s daughter Holly also whisked Kate Middleton away there during her brief split from William.
Branson’s daughter Holly also whisked Kate Middleton away there during her brief split from William.
Other famous figures who have stayed at the resort include Janet Jackson, Harrison Ford, Mariah Carey, Eddie Murphy and Oprah Winfrey.
The island is usually rented out in its entirety. It can sleep up to 28 people in the main house and six Balinese villas scattered over the grounds for £34,000 a night all inclusive.
Part of the British Virgin Islands, Necker was named after the 17th century Dutch squadron commander Johannes de Neckere, although it remained uninhabited until the late 20th century.
After making an initial low bid of just £100,000 for the £5million-valued island, 28-year-old Branson was turned down.
But in 1979 he managed to buy it for the cut-price sum of £180,000 because its owner, Lord Cobham, was badly in need of short-term capital.
When he bought the 74-acre island it was a forlorn little rock, albeit in a pretty spectacular part of the world.
It took three years and approximately U.S.$10million to turn it into a private island retreat.
He began building the eight-bedroom Great House in 1982. Built in ‘Balinese-style’, it is situated on the crown of a hill overlooking one of the island’s most beautiful beaches.
But it affords other stunning views of Necker, surrounded as it is by brilliant turquoise waters, coral reefs and white sandy beaches.
Inside, it is – or was – filled with Brazilian hardwoods, antiques, art pieces, hand-made fabrics and bamboo furniture.
Inside, it is – or was – filled with Brazilian hardwoods, antiques, art pieces, hand-made fabrics and bamboo furniture.
Each of the bedrooms has its own balcony, four-poster bed and en-suite bathroom.
All have open walls giving a 360-degree view and cooling winds from any direction.
All have open walls giving a 360-degree view and cooling winds from any direction.
The island also boasts two swimming pools, tennis courts and a team of 60 staff to cater for every whim.
It also has its own submarine.
Guests are encouraged to share the island ‘house party’ style, with the Great House boasting casino nights, fancy dress parties, BBQs on the beach and gala dinners.
And the more famous you are, the less likely you are to have to pay – as generous Sir Richard likes to use his personal fiefdom to display his personal largesse.
Tropical paradise: Sir Richard's daughter Holly was due to get married on the island later this year
This satellite image obtained from the National Oceanic and Atmospheric Administration (NOAA) shows Hurricane Irene moving directly across Necker Island, towards Puerto Rico
In this satellite image provided today by the National Oceanic and Atmospheric Administration (NOAA), Irene reaches hurricane strength as it moves across Puerto Rico towards Hispaniola
Family of adventurers: Sir Richard Branson with his family, left to right, Sam Branson, Ivo Branson and Holly Branson before his attempt to kitesurf across the English Channel at Dungeness, Kent
Environmental Nightmare! Group Says Court Invalidates Fisheries Protected Area System
BVI Platinum News
Published: August 17, 2011 8:01 am AST
Published: August 17, 2011 8:01 am AST
An area on Beef Island originally included as part of the golf course project.
Photo Credit: saildivebvi.com
law.What was challenged was the validity of the protected area status and the identity of the person named as the defendant. There was no challenge to the environmental facts.The VIEC said they are awaiting the written copy of the judgment. Once this is received, their legal team, which could not be in attendance due to the short notice of the judgment delivery, will consider the grounds for further appeal.The legal challenge began in July 2007 when VIEC, a group of concerned fisher-folk residents and scientists, filed an application in the High Court seeking judicial review of the January 2007 decision by former Chief Minister and Minister for Planning, Hon D. Orlando Smith, granting planning approval to Quorum Island BVI Limited to construct a hotel, marina and golf course on Beef Island.On January 13, 2011, attorneys for the VIEC appeared before the Justices of the Court of Appeal to defend the decision of Justice Indra-Hariprashad Charles reversing the planning approval for the project. The hearing took place during the January 2011 sitting of the Court of Appeal on Tortola, BVI.Mr. Stephen Hockman QC, Head of Chambers at Six Pump Court, London and his colleague Mr. Mark Beard represented the VIEC.Mr. Gerald Farara QC of the BVI firm Farrara Kerrins represented the appellant, Quorum Island (BVI) Ltd. The Solicitor General, Mrs. Joanne Williams-Roberts represented the Attorney General for the BVI Government, who was named as 2nd Defendant in the appeal.The VIEC has always argued that the golf course and marina were located next to and partially within the Hans Creek Fisheries protected area.Quorum had made two applications to the Planning Authority - a master plan application for which they sought "outline permission" and a detailed application for construction of the golf course, for which they sought full approval.During the court hearing in the High Court, it was pointed out that Dr. Smith's letter did not specifically indicate for which of these applications permission had been granted.In the judgment delivered on September 21, 2009, Justice Hariprashad-Charles found that the proposed project will, in part, involve development within the Hans Creek area.Section 51(1) of Fisheries Regulations 2003 states that "no person shall carry out any development activity, whether terrestrial or otherwise which may or is likely to adversely impact on a marine protected area declared as such by the Minister by Order in the Gazette".In Regulation 15(5), fourteen areas including Hans Creek were declared to be fisheries protected areas.Justice Hariprashad-Charles decided that the Minister for Natural Resources was entitled to declare Hans Creek a Fisheries protected area by way of regulation.
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