Belize Alliance of Conservation Non-Governmental Organisations v. Department of the Environment & Anor, Court of Appeal - Privy Council, August 13, 2003, [2003] UKPC 63

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Belize Alliance of Conservation Non-Governmental Organisations v. Department of the Environment & Anor, Court of Appeal - Privy Council, August 13, 2003, [2003] UKPC 63

Belize Alliance of Conservation Non-Governmental Organisations v. Department of the Environment & Anor (Belize) [2003] UKPC 63 (13 August 2003)

ADVANCE COPY

Privy Council Appeal No. 47 of 2003

The Belize Alliance of Conservation Non-Governmental

Organisations Appellant

v.

(1) The Department of the Environment and

(2) Belize Electricity Company Limited Respondents

FROM

THE COURT OF APPEAL OF BELIZE

---------------

JUDGMENT UPON A PETITION FOR A

CONSERVATORY ORDER OF THE LORDS OF THE

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 13th August 2003

------------------

Present at the hearing:-

Lord Walker of Gestingthorpe

Sir Martin Nourse

Sir Andrew Leggatt

[Delivered by Lord Walker of Gestingthorpe]

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Competing Public Interests in Belize: The MRUSF project

Belize is bordered on the north by the Yucatan province of Mexico, on the east by the sea, and on the south and west by Guatemala. In the centre of the country are the Maya Mountains. Their north-western slopes give on to the Macal and Raspaculo river valleys, partly in the Chiquibul National Park. Much of this area is rainforest virtually unaffected by the impact of human activity since the age of the Mayas, about 500 years ago. The area is rich in rare fauna and flora; the mammals (variously classified as vulnerable, threatened or endangered) include jaguars, ocelots, pumas, and tapirs; there is also a rare form of crocodile; the birds include scarlet macaws. The area also contains a number of Mayan sites of great archaeological interest.

Belize is not a rich country. Tourism (and especially what is sometimes called eco-tourism) is important to its economy, so that Belize has an economic (as well as a cultural) interest in the preservation of these precious and fragile natural resources. However Belize has an energy problem. Part of its electricity supply is imported from Mexico. Domestic consumers pay exceptionally high rates for electricity. Demand for electricity is growing. Power-cuts occur from time to time. There is therefore a public interest in increasing the country's hydroelectric generating capacity, and the Macal River Upstream Storage Facility (``MRUSF'') project aims to do that by the construction of a dam and associated works at Chalillo, upstream from the village of Cristo Rey and the town of San Ignacio.

There is already in existence a hydroelectric power station (built in 1994) at Mollejon, downstream from Chalillo...

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