Before another fence is erected, before the Bahamian public and international visitors are exposed to another avoidable safety risk, before beach renourishment begins, and before further works materially alter Cabbage Beach, the Bahamian public deserves clear answers.

 

Government has publicly said that restoration and beach-nourishment works are necessary because of erosion at Cabbage Beach.

Government has also acknowledged that the most recent installation of the fence proceeded without the advance notice and public-advisory process that was supposed to occur.

That fence was later ordered removed.

During that period, a woman attempting to navigate around the fence in rough seas was swept into the water and had to be rescued.

At the same time, the fencing and structures members of the public observed on the beach have raised questions about how the works correspond with the Environmental Impact Assessment and other project information presently available to the public.

We are therefore asking a very simple question:

Before anything else happens to Cabbage Beach, can the Bahamian public please see exactly what has been approved, who approved it, where those works are legally permitted to take place, and how our beach, Crown land, public access and safety will be protected?

The signatures collected through this petition will accompany formal correspondence to the Department of Environmental Planning and Protection (DEPP) and other relevant Government agencies requesting detailed responses and supporting documents.

By signing, you are joining that request.

1. SHOW US ALL OF THE APPROVALS
We are asking Government to publish the complete approval trail for The Ocean Club, Four Seasons Residences, Bahamas project as it relates to the beachfront works.

That includes:

the Certificate of Environmental Clearance (CEC);
every condition attached to the CEC;
the final approved Environmental Management Plan (EMP);
the final approved Environmental Impact Assessment being relied upon for construction;
any revised EIA;
any addendum, amendment, variation, extension or subsequent environmental approval;
approvals governing fencing;
approvals governing sheet piling;
approvals governing beach nourishment or renourishment;
approvals governing erosion mitigation;
approvals governing shoreline works;
approvals governing public access;
approvals governing vendor access;
approvals governing work on or affecting Crown land or the public foreshore; and
any subsequent change to the approved beachfront works.
We also want to know:

Are the works now proposed the same works assessed in the EIA presently available to the public?
If they are different, what changed?
Who approved those changes?
When were they approved?
Did the changes require further environmental review?
Did they require an amended CEC, EMP, planning approval or other authorisation?
Was further public consultation required?
Which Government agencies reviewed and approved the final construction plan?
The public should not have to piece together the approval of a major beachfront construction project from press statements. Show us the actual approvals.

2. WHO APPROVED THE FENCE?
The fence has become one of the central concerns surrounding this project.

The publicly available project information describes particular temporary construction works and access arrangements.

What members of the public subsequently encountered on the beach has raised legitimate questions about whether the physical works correspond with the plans and approvals relied upon by Government.

We therefore want to know:

Who specifically approved the fence?
Which Government agency had legal authority to approve it?
What legal authority was relied upon to erect it?
Was it approved as a construction fence, safety barrier, erosion-control measure, beach-renourishment measure, sheet-pile enclosure, or something else?
What exactly was the approved purpose of the fence?
Was its purpose construction safety?
Public safety?
Erosion mitigation?
Beach renourishment?
Separation of vendors from the construction area?
Or a combination of those things?
What approved drawing establishes where the fence is supposed to go?
What approved distance was required between the fence or sheet-pile works and the relevant shoreline reference?
Was the fence as physically installed located on the approved line?
Who checked?
When was it checked?
Which Government agency inspected the installation?
Was an inspection undertaken before the fence went up, after it went up, or both?
Was any change made to the fence location after the original EIA or environmental approvals?
If so, who approved that change?
What environmental or safety assessment accompanied that change?
Why was the first fence removed?
What changed before it was permitted to be erected again?
Who authorised the second installation?
What conditions applied to that installation?
Were those conditions followed?
And before another fence is erected, who will independently confirm that it is being installed exactly where Government approved it?
We are not asking the public to determine whether the fence complied with the approvals. We are asking Government to provide the documents that allow that question to be answered.

3. SHOW US THE SURVEY
Before sand is added, fencing is reinstalled or the shoreline is altered, publish the surveys and site information being relied upon.

We want to see:

the existing private-property boundary;
adjoining Crown land;
the public foreshore;
the relevant high-water mark or shoreline reference;
when that high-water mark was established;
who established it;
the methodology used;
the approved construction boundary;
the approved fence line;
the approved sheet-pile line;
the area proposed for beach renourishment; and
the survey or construction set-out information actually used to position the fence on the physical beach.
We want answers to these questions:

Was the high-water mark physically surveyed before these works were approved?
What survey was used to determine the fence location?
Who conducted that survey?
Who physically marked the fence line on the beach?
Did a Government official verify that line?
Did the fence installed on Cabbage Beach correspond with the approved survey?
Did it correspond with the construction drawings?
If Government says it did, publish the documentation that demonstrates that.
If it did not, how did the discrepancy occur?
What corrective action followed?
Before another fence is installed, the public should know where it is legally and environmentally approved to go.

4. PROTECT CROWN LAND BEFORE AND AFTER RENOURISHMENT
Beach renourishment can physically change the beach.

That makes the existing boundaries critically important.

Tell us clearly:

On whose land will the new sand be placed?
Will it be placed on private property?
Crown land?
The public foreshore?
Or a combination of these?
How much additional dry beach is expected to be created?
Will the physical shoreline or high-water line change?
If the physical shoreline changes, what happens to the existing legal property boundary?
What boundary will Government recognise after renourishment?
Will any additional dry land created seaward of the existing private-property boundary remain Crown land?
Could any renourished area subsequently become part of the adjoining private development?
If so, under what legal process?
Would a Crown lease, licence, conveyance, approval or other formal disposition be required?
What permanent record will Government maintain showing where the property boundary existed before renourishment?
We are requesting a post-renourishment survey so the Bahamian public can compare the official boundary before and after the work.

We also want a written commitment that Crown land and the public foreshore will not be absorbed into adjoining private property without the lawful process required for the use or disposal of Crown land.

Show us the boundary before the sand goes down — and show us the boundary again when the work is finished.

5. IF CABBAGE BEACH IS SEVERELY ERODED, SHOW US THE EVIDENCE
Government has publicly described erosion at Cabbage Beach as serious enough to require restoration and beach-nourishment works.

We want to see the independent or Government-verified scientific evidence supporting that determination.

Tell us:

What parts of Cabbage Beach were actually studied?
Was the entire Cabbage Beach shoreline assessed?
Or only the developer's frontage?
Exactly what area was examined?
Who conducted the assessment?
Who commissioned it?
Who paid for it?
Was it prepared for the developer?
Did Government conduct its own assessment?
Has DEPP independently verified the conclusions?
What historical shoreline information was examined?
What measurements were taken?
Were aerial photographs or satellite imagery used?
Was wave modelling undertaken?
Was sediment movement examined?
Were storms, hurricanes and seasonal changes considered?
What criteria were used to determine the severity of the erosion?
And importantly:

Where exactly is Cabbage Beach severely eroded?

If severe erosion exists beyond the development frontage:

Where are those areas?
What restoration is planned for them?
Is Government developing a broader erosion-management plan for Cabbage Beach?
If not, why is the proposed renourishment concentrated at the frontage of one private development?
If this is a Cabbage Beach erosion problem, the Bahamian public deserves to understand the Cabbage Beach solution.

We are requesting publication of the independent or Government-verified erosion assessment before renourishment proceeds.

6. SHOW US THE BEACH-RENOURISHMENT PLAN
Before work begins, publish the complete beach-renourishment and restoration plan.

Tell us:

exactly what portion of Cabbage Beach will be renourished;
how wide that portion is expected to become;
how much sand will be added;
where the sand will come from;
whether it will be dredged from the seabed;
imported from another location;
moved from another portion of the beach; or
redistributed within the project area.
We also want to know:

What environmental approval applies to the sand source?
What impacts have been assessed on currents?
Wave action?
Marine habitats?
Sediment movement?
Neighbouring sections of Cabbage Beach?
Could the works increase erosion elsewhere?
How long is the renourished beach expected to remain stable?
Who will monitor it?
Who will maintain it?
Will future renourishment require new approval?
Will future work require public notice?
Will monitoring information be made public?
7. HOW IS THE PUBLIC SUPPOSED TO NAVIGATE THE BEACH?
This needs to be answered before another barrier goes up.

A beach cannot meaningfully remain publicly accessible if members of the public cannot safely move along it.

We want Government to publish a clear access and navigation plan showing:

how people will enter Cabbage Beach during construction;
how people will move from one end of the beach to the other;
how much safe, dry passage will remain between any construction barrier and the sea;
whether that passage remains usable at high tide;
whether it remains usable during high surf;
what happens if waves temporarily eliminate the dry passage;
whether work or fencing will be adjusted when conditions make passage unsafe;
how children will navigate the area;
how elderly persons will navigate it;
how persons with disabilities will navigate it;
what emergency-access points will exist;
what warning signs will be installed;
whether lifeguards or safety personnel will be required; and
who will inspect the public route and determine that it remains safe.
And we want one question answered very clearly:

Will any member of the public ever be expected to enter the water to get around this fence or any other construction barrier?

The answer should be no.

8. BEFORE ANOTHER FENCE GOES UP, SHOW US THE SAFETY ASSESSMENT
Government has described the fencing as being connected to public safety and construction safety.

The public therefore deserves to see the assessment demonstrating that another fence will actually make beachgoers safer.

We want to know:

Was a formal safety assessment completed for the previous fence?
If so, publish it.
Did it consider high tide?
High surf?
Changing shoreline conditions?
The distance between the fence and the water?
People attempting to walk around the fence?
Emergency evacuation?
Rescue access?
Children?
Elderly beachgoers?
Persons with disabilities?
After a woman was swept into the sea while attempting to navigate around the fence:

Was the safety assessment reviewed?
Was a new risk assessment ordered?
What lessons were identified?
What has changed in the revised plan?
Who must approve the next safety plan?
Will it be published before another fence is installed?
Do not put another barrier across Cabbage Beach until the public can see how safe passage will be maintained.

9. WHAT HAPPENED WHEN THE PROCESS WAS NOT FOLLOWED?
Government has publicly acknowledged problems with the process surrounding the fence.

We want to know:

Who was responsible for providing the required advance notice?
Why was that notice not provided?
Which Government agencies were supposed to be notified?
Was DEPP notified before installation?
Was the Ministry of Works?
Ministry of Tourism?
The Public Parks and Public Beaches Authority?
The relevant planning authority?
Was the Government site walk-through or inspection that had been discussed actually carried out?
If not, why was installation allowed to proceed?
Who authorised the works to continue?
Has DEPP conducted a formal compliance review?
Has the developer received any notice identifying deficiencies or non-compliance?
Were any corrective orders issued?
Has Government determined whether any condition of the CEC, EMP, EIA or another approval was breached?
If so, what enforcement provisions apply?
Have fines, penalties, compliance orders or other enforcement measures been considered?
Have any been imposed?
If Government determines that a breach occurred and no enforcement action follows, why?
What changes are being made to ensure future works cannot proceed before the required Government process has been completed?
10. WHO IS ACTUALLY RESPONSIBLE?
The Bahamian public should not have to bounce between Government agencies trying to determine who has jurisdiction.

Tell us which agency is responsible for:

environmental approval;
environmental monitoring;
enforcement of the CEC and EMP;
beach renourishment approval;
protection of Crown land;
protection of the public foreshore;
works affecting a public beach;
planning approval;
construction approval;
approval of fencing;
inspection of fencing;
public-safety assessment;
maintaining public access;
vendor arrangements;
monitoring construction compliance;
determining whether the project has materially changed; and
approving future amendments.
And identify the office through which the public can formally raise concerns regarding each of those areas.

11. PROTECT PUBLIC ACCESS AND THE FORESHORE — IN WRITING
Give the Bahamian public written assurance explaining:

how Cabbage Beach will remain accessible during construction;
how access will be maintained during renourishment;
how access will be protected after construction;
what entrances will remain available;
whether any existing access will be changed or relocated;
whether any new access will be created;
who will control those access points;
what legal instrument protects continued access; and
how the public will be protected against future restrictions.
We also want written confirmation that:

the public foreshore will remain protected;
construction will not unlawfully obstruct public use of the foreshore;
fencing, walls, landscaping or security arrangements will not effectively privatise public beach space; and
any renourished area that remains Crown land or public foreshore will continue to be protected for public use.
12. PROTECT OUR LICENSED CABBAGE BEACH VENDORS
Licensed Bahamian vendors have worked from Cabbage Beach for generations.

They are not incidental to this beach.

They support their families there, provide services to Bahamians and visitors, assist beachgoers in distress and maintain a continuous Bahamian presence on one of our country's most important beaches.

We request:

written terms governing any temporary relocation;
confirmed temporary locations for affected vendors;
the duration of relocation;
details of relocation or moving assistance;
written confirmation of their ability to return to Cabbage Beach, subject to applicable lawful licensing requirements;
the criteria that will determine when they may return;
confirmation of who makes that decision;
assurance that temporary relocation will not become permanent displacement without lawful process; and
meaningful consultation with affected vendors before further decisions affecting their operations are taken.
Their continued presence also means Bahamians remain on the ground, seeing what happens on this beach every day.

That matters.

WHAT YOUR SIGNATURE MEANS
This petition is not simply an expression of concern.

It is a collective request for information, transparency and accountability.

The number of signatures collected will be included in formal correspondence to DEPP and the relevant Government authorities.

Those agencies will be asked to respond to the questions raised in this petition and provide the supporting approvals, surveys, reports and plans.

If 500 people sign, Government will know that 500 people are asking these questions.

If 5,000 people sign, Government will know that 5,000 people are asking.

And every signer is asking for the same thing:

BEFORE YOU TOUCH THAT FENCE AGAIN — ANSWER THE PUBLIC.
SHOW US ALL OF THE APPROVALS.

SHOW US WHO APPROVED THE FENCE.

SHOW US THE LEGAL AUTHORITY FOR IT.

SHOW US WHERE IT IS APPROVED TO GO.

SHOW US THE SURVEY.

SHOW US THE EROSION REPORT.

SHOW US THE RENOURISHMENT PLAN.

SHOW US WHERE THE CROWN LAND IS BEFORE THE SAND IS ADDED.

SHOW US HOW THAT LAND WILL BE PROTECTED AFTERWARD.

SHOW US HOW THE PUBLIC WILL SAFELY WALK THE BEACH.

SHOW US THE SAFETY ASSESSMENT BEFORE ANOTHER BARRIER GOES UP.

TELL US WHAT HAPPENED WHEN THE PROCESS WAS NOT FOLLOWED.

TELL US WHAT ENFORCEMENT FOLLOWS IF A BREACH IS ESTABLISHED.

PROTECT CROWN LAND.

PROTECT THE FORESHORE.

PROTECT PUBLIC ACCESS.

PROTECT OUR LICENSED BAHAMIAN VENDORS.

And when the beach-renourishment work is finished:

SHOW US THE SURVEY AGAIN.

Cabbage Beach is too important for decisions affecting its shoreline, Crown land, public access, safety and future use to happen without public scrutiny.

We are not asking the public to speculate about what has happened.

We are asking the authorities who approved these works to show us.

Our beach. Our Crown land. Our access. Our right to ask questions.