GOVERNMENT has been accused of cronyism for failing to take action against a former Progressive Labour Party trustee who violated planning regulations.Developer Henry Talbot was ordered by Government to restore a Somerset beauty spot in October 2005 after he bulldozed a cliff face which was home to several longtail nests.

More than a year after the original order was made, the Environment Ministry has now confirmed that it has taken no further action but "will continue to request that Mr. Talbot Jr. comply with the request to remove illegal works and establish artificial longtail nests". The Ministry also said it was investigating further enforcement action and options for proceeding with prosecution. The lack of action has sparked accusations of cronyism and a failure by Government to protect the environment.

The dispute kicked off in 2004 when Mr. Talbot demolished a section of cliff on Gilbert's Bay off East Shore Road, flouting planning and environmental protection laws. Although Mr. Talbot had obtained planning permission to build a boathouse on the site, he did not have permission to wipe out rock formations.

After a lengthy inquiry, Environment Minister Neletha Butterfield gave Mr. Talbot a deadline of October 18, 2005 to repair all the damage he caused.

If the repair work, including the creation of artificial longtail nests to replace those he destroyed, had not been carried out by that date, enforcement action was threatened. The location has been a popular nesting site for longtails for centuries and environmentalists claimed up to six active nests had been destroyed by Mr. Talbot.

In addition, a large proportion of the land he cleared to widen his access to the beach was classed as woodland reserve, while neighbours were angered further by the placement of boulders — the debris from the bulldozing of the rock formations — at the bottom of the trail giving access to the beach for several families in the neighbourhood. Police were called in and they ordered Mr. Talbot to remove the boulders and planning inspectors slapped a stop order on the works.

Asked why action had still not been taken against Mr. Talbot, Environment Permanent Secretary Wayne Carey said: "The Minister of the Environment issued a Special Enforcement Notice to Mr. Henry Talbot Jr. on August 11, 2004 under the Development and Planning Act 1974 to cease and discontinue the erection of retaining walls along the foreshore east of the beach house, underpinning the foreshore by erecting concrete works and the use of boulders, excavation of the cliff face and beach and the dumping of material on the foreshore. The Special Enforcement Notice continues to be in effect. A retroactive application to the Department of Planning for the foreshore works was refused by the Development Applications Board on December 15, 2004 and that decision was upheld by the Minister of the Environment on appeal on September 18, 2005.

"The Ministry also advised Mr. Henry Talbot Jr. that to avoid enforcement action all illegal work along the foreshore must be removed and in addition artificial longtail nests must be created on the cliff face to replace the natural ones destroyed by excavation. Unfortunately, Mr. Talbot has not complied with the request from the Ministry. The Ministry will continue to request that Mr. Talbot Jr. comply with the request to remove illegal works and establish artificial longtail nests. However, the Ministry is also investigating further enforcement action and options for proceeding with prosecution.

"The protection of our natural environment and the importance it has on all aspects of our island life is a prime concern of the Minister and for that reason she has requested that a review of the enforcement provisions of the Development and Planning Act 1974 be completed and legislation brought forward that will provide for greater protection and penalties for works that damage our environment."

But yesterday Shadow Environment Minister Cole Simons said Government's response had been "toothless" and showed a complete disregard for the environment.

"It shows that there is no commitment by this Government to bring these people to court," he said.

"I know that Mr. Talbot had connections with the former regime and perhaps there is a reluctance to prosecute, but he has broken the law and the the question remains, why has he not been brought before the courts more than a year later? My take on this is that it's political — Government dosn't want to compromise its supporters and it's another case of looking after their cronies.

"I think this is a sad example of Government's lack of commitment to the environment. The enforcement laws are there but they need to be applied — the Department of Public Prosecutions should have been involved by now. It needs to be a lot more active when it comes to environmental matters.

"There are a number of enforcement orders and the people who are involved have thumbed their noses up at Government because Government is not serious about taking people to court and prosecuting the perpetrators of these crimes.

"We talk about preserving the natural beauty of Bermuda and also expanding our tourism industry but we must protect those natural resources that have given us an edge over competing jurisdictions."

Government accused of cronyism