Resorts World Bimini has stated that it is working "as expeditiously on our development as approvals will allow", after attorneys and environmentalists accused it of forging ahead with the construction of a controversial ferry terminal despite a top judge's warning.
Concerns were raised about construction activity in Bimini after a 450-foot 1,200-ton cutter-section dredger arrived in the area in recent weeks, considered among the most powerful machines of its kind.
In an emailed statement to Guardian Business, Michelle Malcolm, director of public affairs for Resorts World Bimini, confirmed that the dredger, named the Niccolo Machiavelli, was in Bimini to dredge a channel that will allow the Bimini SuperFast ferry to dock at the planned cruise pier.
With the arrival of the mega-dredger, Fred Smith, QC, attorney and one of the directors of the environmental organization Save the Bays, has accused Resorts World Bimini of "racing ahead to get work done" on the ferry terminal before a decision is reached in a judicial review action presently underway, which seeks to examine the approval process supporting the resort's plans for the pier.
Smith and others have also suggested that the dredger is set to wreak destruction on reef sites in Bimini as it proceeds with the pier construction, notwithstanding the fact that Court of Appeal Justice Abdulai Conteh told lawyers for the government and Resorts World Bimini last month that construction should not be allowed to progress while the project is being challenged in the courts.
In light of these concerns, on April 25, Smith wrote to the Office of the Attorney General urging the government not to do anything to jeopardize the Bimini judicial review proceedings.
"We would be grateful if you could urgently revert with confirmation that your respective clients will maintain the status quo (by which we mean, not carry out or allow the carrying out of any further changes to the development site including construction or pre-construction operations)," the letter said.
In a letter to Resorts World Bimini, sent on the same day, Smith asked the company to confirm whether the government had granted any permits, licenses or approvals in respect to the development.
Smith said there has been no response to either letter to date.
Yesterday, Smith again wrote, this time to attorney for Resorts World Bimini, John Wilson, asking whether any application for dredging permits for Resorts World Bimini is currently pending consideration by the relevant authorities.
He noted that his clients, the Bimini Blue Coalition, who are challenging the construction of the pier, would wish for an opportunity to make objections in accordance with section eight of the Conservation and Protection of the Physical Landscape of the Bahamas Act.
Smith went on to tell Wilson in the letter that if he did not have a response to this question by the close of business yesterday, he would "assume that the dredging is commencing without permits in breach of your undertaking to the Court of Appeal (and the Supreme Court)".
In a response to Smith's claims that Resorts World Bimini appears to be moving ahead with construction activity relating to the pier in contravention of undertakings made to the court, Malcolm told Guardian Business: "Resorts World Bimini has followed the prescribed regulatory process and adhered to all applicable laws relating to our development. We have secured the necessary approvals from the appropriate government agencies and complied with all judicial orders. We will continue to work as expeditiously on our development as the approvals allow."
Resorts World Bimini intends to construct a 1,000-foot pier which would enable it to dock the Bimini SuperFast ferry that brings passengers between Miami and Bimini, rather than having to bring passengers on to the island from the ferry by tender, which takes more time.
The pier has raised fears among environmentalists, Bimini locals and dive companies, in part given that it is intended to be placed in an area populated by a multitude of popular dive and fishing sites off Bimini. The Bimini Blue Coalition is due back in court in June to challenge a Supreme Court decision to require the group to put up $650,000 in costs if it is to move ahead with its judicial review of the project.

Click here to read more at The Nassau Guardian