SXMElections.com

BELAIR--Property development representatives technically have reopened the entryway to the Belair beach after it had been closed off on the morning of December 1, preventing public access to the beach.

However, the “No trespassing” and “Private property” signs remain, and another one even has been added since Tuesday, on a tree directly in line with the only entryway, a footpath (see Tuesday edition of The Daily Herald).

The newly-fixed fence has been drawn back to technically allow foot access, although this can be considered a “mental barrier,” according to the Beach Access Policy. However, vehicle access will remain restricted.

The local representatives of the foreign owner told the Nature Foundation they did not want cars on the beach, as they have building materials there as of late. The gate will remain closed. One representative told this newspaper that wider access would be provided shortly.

According to Minister of Public Housing, Environment, Spatial Development and Infrastructure VROMI Maurice Lake on December 1, the owner cited the planting of palm trees on the beach as a reason for being upset and blocking the beach. The trees had been relocated by the Nature Foundation in collaboration with SXM Princess Juliana International Airport as part of a project.

After the question of the blockage was posed to Tendal Real Estate, which advertised the property for sale, correspondence sent by owner Johnny Pavan in Venezuela, who had inherited the land from his father, and passed on to this newspaper cited the same reason: “People sent by the Government started digging and planting some palm trees on the beach!” without “permission given by the owner. It’s private property!”

The owner’s correspondence added that public access to allow entrance from another point was being worked on with officials.

When Minister Lake was told that the signs were still up, he responded that he would “personally see to it” that they were taken down. He showed some disdain for the media attention on the issue, given questions by this newspaper as well as two online media regarding allegations of quickly giving out building permits while delaying the Beach Access Ordinance which would legitimise current Beach Access Policy based on a motion passed in Parliament in April.

Lake said he “was not sure at the time” in response to a question on building permits for the land. He also said that permits should be only for the landowner. He flatly denied accusations made on social media that a permit had been issued to developer Miti Katz and said the name SBL Management – referred to on online media – did not “sound familiar.” The allegation is that building permits were issued quickly before the pond officially becomes protected by law.

The pond and surrounding mangroves are protected, according to the area’s public hearing meeting and subsequent draft zoning plans, but the zoning plans have not been finalised.

In response to this newspaper’s question about the timing of the Beach Protection Ordinance, the lack of which was brought to the surface during a recent entrance block and tiff between Mullet Bay representatives and business owners, Lake said it would have to be up to the incoming Minister to finalise the ordinance, which had been due to be drafted and implemented by mid- to late August after a Beach Access Motion was passed in Parliament in April.

VROMI Secretary-General Louis Brown could not be reached during office hours, but confirmed yesterday evening that there was a building permit for the area that had been issued not very recently, but “some time this year.” Caught while out of office, he said he did not remember who the developer was.

Online media cited a very specific permit number and said it had been issued in August.

The local developer’s company is not known, but Katz, whose name had been used, told this newspaper she had “nothing to do with the issue” and that she was helping a friend because she knew the business – she is said to be involved in two other projects – and because she spoke English well and could help with communication.

The other representative who spoke to authorities after the closing of the gate is said to be Italian.

Besides the beach, concern has been expressed over Belair Pond. Minister Lake assured this newspaper that the pond would “not be touched” and is “protected by the zooming plans.” A press release issued shortly afterward reiterated this. Katz, who maintained that she was not directly involved, did say that the pond “will not be touched.”

The situation again highlights the need for legislation. Various stakeholders made public statements on the emotional issue, including Minister Lake, the Nature Foundation and environmentalists Jadira Veen and Rueben Thompson.

Veen’s statement was made informally, but drew much attention to the issue. She asserted that a developer had been issued a building permit quickly to prevent development plans that “would designate the Belair pond as a green area” and questioned whether stakeholders would get to see the plans and voice their concerns.

“Will the Minister take up the beach policy and make it an ordinance with the same speed of time?” she asked.

Zoning plans

Lake issued a press release Tuesday night in which he said he planned to have his “Ministry start making preparations to have this regulated in the national zoning plans.”

“Direct and specific access to all beaches has to be taken up in our Zoning Plans. When looking at the most recent situation in Belair where the gate was locked, preventing access to the beach, I met with the owner representative on Monday and the public has access to the beach once again,” he was quoted as saying.

“In a Zoning Plan, Government can stipulate where direct and specific access should be to the public beach. This will avoid all types of situations like with Belair beach, Mullet Bay, Guana Bay and Indigo Bay.

“…Belair Pond is protected in the zoning plans. There are those out there in social media who are spreading lies and trying to create confusion because they have their own hidden agenda which is not in the interests of the people of St. Maarten.

“Social media blogs need to be very careful with what they write. The landowners next to the Belair Pond were not given any permission to build in the Belair Pond. These types of remarks live a life of their own in the outside world and persons should be held accountable for writing things which are not true.

“Anybody can go to Ministry VROMI and verify the aforementioned. I urge the readers of social blogs to be aware of those with hidden agendas and who like to spread lies and want to create confusion.

“As Minister of VROMI, I try my best to do everything according to the law in an open and transparent manner. Ministry VROMI follows the rules and regulations where it concerns draft zoning plans for the country.

“As Minister of VROMI for the last 18 months in office, I have championed this area very much where all beaches should be accessible. I recently met with the owner representative of Mullet Bay as well as with some of the vendors at Mullet Bay beach to come to a win-win situation. This matter is being resolved in an amicable manner.

“Sand placed in certain areas will be removed. Mullet Bay has to live up to the beach policy by providing parking for the public and have more than three metres that is stipulated by the beach policy for access.

“I commend the Nature Foundation, which has always operated in a very professional manner with Government to find solutions while still being critical of situations that they find,” Lake concluded.

National law needed

The Nature Foundation also made a public statement after being contacted on the issue numerous times. “Belair beach [is – Ed.] one of the most popular beaches on the Dutch side and an area used by many families from the Great Bay.”

The foundation contacted “various entities both inside and outside of Government to inquire as to the closure of the beach and to ensure that access is granted to those wanting to enjoy the beach. Upon further discussion, the access to the beach was reopened.

“This incident highlights the need for clear legislation as to the use of beaches on St. Maarten. Beaches are St. Maarten’s primary natural resources and the major natural asset for resident and visitor alike. The Nature Foundation urges decision-makers to ratify and implement a beach policy where residents regardless of background can enjoy all of the country’s natural resources.

“There should be no situation where a resident is harassed or barred from using any of the beaches on the island, and clear legislation with associated penalties should be in place to ensure that those infringing on the rights of residents to use their natural resources [are prevented from doing so – Ed.].

“The Nature Foundation would also like to see beaches managed, both in ecological and environmental terms, but also for the beach-going public. Shade trees, such as the ones currently being planted by the Nature Foundation and the airport on Belair Beach, garbage bins and trash cleanup initiatives and seaweed removal schemes are essential for not only keeping the ecological balances of the beaches, but also providing a pleasant beach-going environment for both residents and visitors.

“The Nature Foundation will be appealing for the drafting and the implementation of a National Law for the Protection and Management of Beaches on St. Maarten.”

Ensure ordinance

Thompson said in a statement that the Beach Access Policy was “too often ignored and too easily set aside as ‘merely’ a policy. Over the past decade we have witnessed Government allow developers, resort owners, etc., to limit and control access to a number of beaches. Take the Cupecoy, Dawn Beach, Oyster Bay and Little Bay beaches as examples. …

“Access to these beaches is obstructed, parking in most cases is virtually non-existent. Protests aimed at curbing these activities have been held at the Government building, but the people’s calls were, as is often the case, completely ignored.
“We have been calling for Government to draft, implement and enforce a Beach Ordinance aimed at maintaining the public character of St. Maarten’s beaches. This too fell on deaf ears and was met with false assurances that the public character of our beaches will be secured through the implementation of Zoning Plans. Will the Zoning Plans ever be finalised? Will there be any beach space left after decision-makers have appeased developers?”
In reference to the awaited Beach Protection Ordinance, Thompson said, “The Council of Ministers has yet to take action. Have any of our Honourable MPs followed up on the motion many of them supported?”
He said, “Book 5 Article 26 of the Civil Code states that beaches are presumed to be the property of the Country (Government) and that alteration of their public character can only occur by national ordinance.”

He outlined the policy, which includes that beaches must be useable for everyone, both residents and tourists alike, for recreational purposes, “that there must be a wide access that is free from physical and mental barriers,” and that “construction works on the beach are annoying and disfiguring to the surroundings. It is not desirable for dwellings, hotels, businesses, etc., to be built or situated on the beach.”