Devonshire Marsh in which to bury cables and pipes.

And Environment Minister the Hon. Gerald Simons has refuted statements that the Bermuda Electric Light Company had "supreme power'' when it came to laying cables.

The company in charge of the project, Watlington Waterworks, will now have to make a retrospective application to the Development Applications Board to continue, said Mr. Simons.

But it is unlikely the DAB will approve the dumping of a 30-foot-wide mound of rubble across environmentally important land zoned "green space''.

In the meantime, however, the rubble -- extending nearly 100-foot -- will remain on the marsh. The Royal Gazette revealed the illegal project was going on two weeks ago.

National Trust officials and Government Conservation Officer Dr. David Wingate, who visited the site off Parsons Road, expressed outrage.

They claimed it was rare wetland and that natural vegetation, including cedar trees would be destroyed, and the habitats of several rare birds disturbed or ruined.

Dr. Wingate accused Belco, the waterworks and Government of having total disregard for the environment.

Mr. Simons immediately launched an investigation.

He announced in Parliament on Friday that Planning officials stopped the dumping as soon as they found out about it.

He said Watlington Waterworks had an agreement with Planning to bury water pipes and for Belco to lay cables alongside, but the department had been unaware the company planned to lay 100-foot of rubble across rare wetland to do so.

Mr. Simons also moved to clarify some "misunderstandings'' over the incident.

While "statutory undertakers'' such as Belco and the telephone company are permitted some privileges under the Development and Planning Act, they did not have "supreme power'' when it came to laying cables, he said.

"The Act does allow for the inspection, repairing and renewing of existing cables and pipes without further planning permission needed, he said.

Similarly Belco and Telco can prune trees in areas zoned `woodland reserve' that are encroaching into overhead lines or cables.

"However, work in connection with pipes and cables laid in the public highways is controlled by the Ministry of Works and Engineering.'' He further pointed out that the dumping did not take place, as thought, in land zoned "nature reserve'', which is the most restrictive zoning under the Act.

"The land where the dumping has occurred is situated in "green space'', which is less environmentally sensitive than nature reserve, but is, nevertheless, important habitat and open space,'' Mr. Simons said.

"I am sure the DAB will take all these matters into consideration when dealing with the application and give a fair and reasoned decision.'' A Planning spokesman said Watlington Waterworks would be forced to remove the rubble already dumped if its planning application was turned down by the DAB.