Parties in
the Tafuna rainforest dispute given until May 16 to file closing
arguments
by Samoa News
Staff
The parties involved
in the dispute over the Tafuna Lowland Rainforest have been given
until May 16 to file closing arguments on whether the Haleck
family, owners of the rainforest land, should be required to
obtain a land use permit to clear the property.
The Department
of Commerce (DOC) and American Samoa Coastal Management Program
filed for an injunction after businessman Avamua Dave Haleck
announced that ASG must pay for the land or else it will be cleared.
The threat, which wasn't followed through, was Avamua's response
to a moratorium being proposed by the Project Notification Review
System (PNRS) Board under DOC.
(The PNRS was
created under the American Samoa Coastal Management Program (ASCMP)
and its board members represent government agencies that have
environmental concerns. Its function is to protect coastal resources
as defined under the Coastal Zone Management Act.)
At a hearing
yesterday before the Lands and Titles Division of the High Court,
Assistant Attorney General Doug Juergens said businessman Avamua
must be made to apply for a land use permit for the clearing
activity so that the PNRS can make a determination on whether
the work will have a significant adverse impact on the environment.
Avamua has yet
to apply for a land use permit but news stories in the Samoa
News and on KHJ Radio which were submitted as evidence by the
government quoted him saying that unless the government pays
for the rainforest land he will begin clearing.
Haleck family
attorney Roy J.D. Hall Jr., said the April 21 deadline - that
Avamua gave the government to pay up or clearing will occur -
has passed so the issue is moot.
Juergens contends
that Avamua was aware of the land use permitting process and
had in fact applied for a permit to clear about eight acres of
Haleck property close to Cost-U-Less. Juergens said Avamua has
now chosen not to apply for a land use permit to clear the rainforest
property.
Chief Justice
F. Michael J. Kruse asked Avamua if any of the land he intended
to clear was rainforest. Avamua replied no.
He said his late
father worked on developing the land for many years and cleared
a major portion of it.
Kruse reminded
Avamua that he was under oath and asked him again if the land
in dispute is forest land. Avamua answered not that I know of.
Avamua said his
family has been negotiating with the government for 10 years
to buy or lease the land but up to now the only organization
that has made any attempt to secure funding for this purpose
is the US Forest Legacy Program.
The businessman
said if the government does not buy the land he intends to build
housing on the property and there would be no factories or heavy
development.
In response to
the DOC complaint, Hall contends that the rules and regulations
of the ASCMP, which is administered by DOC, were not properly
adopted and therefore unconstitutional.
Hall is asking
the Court to dismiss the complaint and grant declaratory relief
in favor or his client. He said if the ASCMP rules and regulations
were in fact properly adopted, then he asks the Court to declare
invalid and/or unconstitutional the rules and provisions that
violate the U.S. and AS constitutions, and the deeds of cession.
Hall argues that
the government cannot by regulation avoid or circumvent the A.S.
Constitution that requires that any law respecting the alienation
or transfer of land or any interest therein shall require that
it be approved by two successive legislatures by a two-third
vote of the entire membership of each house and by the governor.
Kruse issued
on April 22 an interim order, granting a temporary restraining
order and enjoining Avamua from "any clearing of virgin
bush or associated land development activity on any land within
the existing Tafuna lowland rainforest area."
Reach the
reporter at la@samoanews.com.
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