Environment Minister, Matthew Samuda says the Government has instructed the National Environment and Planning Agency (NEPA) to waive its rights under the non-disclosure agreement (NDA) in the recent Rio Cobre oil spill case against Trade Winds Citrus Limited.

It follows public outrage over NEPA’s decision to withdraw criminal charges that had been laid against Trade Winds.

It was reported that the two parties reached a settlement which was not disclosed to the public, nor reviewed by the presiding judge in court.

Mr. Samuda said the Government previously signalled that NDAs should be used only in very limited circumstances.

He noted that the case between NEPA and Trade Winds did not warrant such use.

He said the Natural Resources Conservation Authority (NRCA) has been directed to desist from including NDA clauses in future mediated agreements.

The agreement has since been published on NEPA’s website.

Mr. Samuda said while the pollution incident was largely contained to Trade Winds’ property, some seepage occurred into the Rio Cobre.

However, the extent of the seepage was not significant enough to cause a fish kill or require an environmental impact assessment.

As a result, a determination was made by NEPA that there was no basis for compensation or extensive consultation with stakeholders.

Mr. Samuda said Trade Winds assumed full responsibility for the cleanup and restoration efforts which were conducted under the guidance of NEPA, the Water Resources Authority, the National Fisheries Authority and Petrojam.

He explained that the cost of these efforts greatly exceeded the fines stipulated under the Wildlife Protection Act which amounts to a maximum of $100,000 for breaches.

The matter went to mediation on October 2, 2024 and the resulting agreement was approved by the NEPA board on November 26.

Mr. Samuda said considering the limited material impact of the incident and the comprehensive cleanup undertaken, the NRCA determined that withdrawing the case was justified.