UDC warns it cannot guarantee daily services at Little Dunn’s River

The Urban Development Corporation (UDC) says the relevant team has been directed to take steps to facilitate public access to Little Dunn’s River Beach in Ocho Rios, St Ann, in compliance with a court order.

However, the UDC indicated that it was not in a position at this time to provide “day-to-day management” of the popular recreational spot, including arrangements for security, lifeguard services, sanitation, maintenance or other amenities ordinarily required for such a facility.

The UDC is the state entity that owns the facility.

“The corporation respects the authority of the court and will comply with the order,” the company said in a statement on Friday.

“The UDC recognises the importance of Little Dunn’s River to residents of St Ann and to Jamaicans more broadly and remains committed to establishing an appropriate framework for its safe, orderly and sustainable use.”

The injunction, which was imposed by a judge at the St Ann’s Bay Parish Court on Thursday, gives the public unrestricted access to Little Dunn’s River Beach, pending the outcome of a lawsuit over access to the facility is decided.

It bars the UDC from “depriving the public access to Little Dunn’s River and from blocking, obstructing, denying or depriving the plaintiffs and public’s access to adjoining and adjacent lands, roads, tracks and pathways used by the public to access the beach, river and waterfalls”.

The UDC statement noted, however, that facilitating access to the property “is distinct from the formal operation and management of Little Dunn’s River as a recreational facility seven days per week”.

It said the prior operational arrangements were developed based on several considerations, including public safety, security, sanitation, maintenance, lifeguard services and other infrastructure and management requirements necessary for the responsible operation of the property.

The Government-owned entity said these considerations are particularly important given the UDC’s responsibility as owner and manager of the property “and the attendant issues of public safety and liability”.

OBLIGATION

The UDC said it remains committed to acting responsibly by respecting the judicial process and balancing public access with its obligation to ensure that properties under its management are operated in a safe, orderly and sustainable manner.

It reiterated that its attorneys have been instructed to pursue the appropriate legal avenues available “in relation to the interim ruling”.

In addition, the UDC noted that it does not charge members of the public an entry fee to access Little Dunn’s River and said it does not sanction any collection of entry fees by unauthorised persons.

In 2023, the lobby group Jamaica Beach Birthright Environmental Movement and 10 local residents filed a lawsuit against the UDC seeking to preserve their and the public’s right to access Little Dunn’s River, claiming that they had access to the waterfalls, beachfront, and adjacent pathways “for several decades without restrictions”.

However, the UDC contends that the law surrounding “customary use” is meant to grant recreational access for activities such as bathing and fishing and was not intended to grant private individuals or commercial operators the legal authority to erect unauthorised physical structures or conduct unregulated commercial activity on its property.

livern.barrett@gleanerjm.com