Baishanlin road may be in violation of law

The 130 kilometre road built by logging company Baishanlin in the Region Six forests appears to be in violation of the law as it was built without an impact assessment being done or approval being given for the construction, and conflicting reports given by several top officials as it relates to the process raise further questions about how the Chinese company operates here.

Attempts to contact Minister of Natural Resources and the Environment Robert Persaud on the matter were futile yesterday. For months, the minister has refused to answer questions posed by Stabroek News. Questions are being asked as to how Baishanlin could construct a major road without approval from the authorities. The law requires an environmental permit to be issued before any major project such as road construction is undertaken and it is unclear how Baishanlin skirted this requirement for the road which extends from Kwakwani almost to Region Nine. An Environmental Protection Agency (EPA) source confirmed that no impact assessment was done for the road.

Under the Environmental Protection Act, “a developer of any project listed in the Fourth Schedule, or any other project which may significantly affect the environment,” is required to apply to the EPA for an environmental permit for the project. Among others, the construction of roads, harbours and airfields are listed in the Fourth Schedule and such projects require environmental authorization before construction can begin. According to the Act, every person who fails to carry out an environmental impact assessment or who commences a project without obtaining an environmental permit as required under the Act or the regulations shall be guilty of an offence and shall be liable to prescribed penalties.

Director for the Compliance and Enforcement division of the Environ-mental Protection Agency (EPA) Khemraj Parsram had told a meeting in Apoteri last week that the road would be covered under the Environmental and Social Impact Assess-ment (ESIA) currently being done. Deputy-Commissioner of Forests Tashreef Khan had also told the meeting that there was “upgrading” of trails and the company was given permission to “upgrade the trails.”

Despite Khan’s statement, no current official maps indicate the presence of “trails” where the road is now and it is now so wide as to enable heave-duty equipment to traverse it, including logging trucks. Further, Guyana Forestry Commission maps seen by Stabroek News indicate a proposed road alignment by Baishanlin with the map showing no indication that a road was present in the area; it only refers to the proposed road. The road was constructed over the past several months.

Baishanlin has applied to the EPA for permission to begin large-scale logging and sawmilling operations at its forest concessions in Regions Six and Nine, and in its project summary the controversial Chinese company had said that in the preparatory phase, activities would include establishing initially more than 196 km of all-weather roads to allow access to the concession area. According to the company, the all-weather roads will incorporate a number of bridges and culverts and the establishment of a number of borrow pits. The construction of the roads will lead to the felling of trees along the planned road alignment, it had said.

Khan, at the Apoteri meeting, told residents, after numerous concerns were expressed, that construction would halt immediately.

The authorities have been aware of the presence of the road and in the weeks prior to the Apoteri meeting, some stakeholders expressed concerns about the road and Commissioner of Forests James Singh told a meeting of the Multi-Stakeholder Steering Committee on August 20 that a separate environmental social impact assessment (ESIA) must be done for any road that needs to be built, according to several persons who were present at the meeting as well as the minutes of the meeting.

According to the minutes of the MSSC meeting: “Enquiry was made on whether the roads that are being built to access concessions are subject to any environmental impact assessment. It was replied that a separate environmental social impact assessment (ESIA) must be done for any road that needs to be built.”

Stabroek News was told that Presidential Advisor Joe Singh had asked about the Baishanlin road and Forests Commissioner James Singh had responded that a separate ESIA was done for the road. All the persons who spoke with Stabroek News were emphatic that the GFC Commissioner had said that a separate environmental permitting process was required for the road.

The Forestry Commissioner statement that a separate ESIA must be done for any road that needs to be built stands in contrast to Parsram’s statement at the Apoteri meeting that the road would be covered under the current ESIA. President Donald Ramotar was present at the August 20th MSSC meeting and defended Baishanlin, according to persons who were present.

In addition to the Baishanlin road, a miner has constructed a section that leads to the Berbice River. The proposed road alignment of the Baishanlin road shows it eventually reaching the Berbice River. There are concerns that miners and hunters would be able to access the area and impact the biodiversity of the area negatively.