Second ‘Stop Work’ Notice Issued on Illegal Jetty Development at Havannah

The illegal jetty construction, dubbed “Kelly’s concrete wall.”

A large number of law enforcement personnel and government representatives showed up at Mr. Michael Kelly’s property at Havannah Harbour to check on the illegal development of his jetty around 2PM on August 1, 2023.

Present were senior officials from the Department of Environment and the Department of Urban Affairs and Planning, who are responsible for enforcing the Foreshore Protection Act.

Mr. Willie Suran Kalo, Senior Law Enforcement Officer for SHEFA Provincial Government Council (SPGC), who had previously issued a ‘Stop Work’ notice was also present in the group.

This action comes after Mr. Kelly disobeyed the first ‘Stop Work’ notice issued by the SPGC and the Foreshore Unit within the Department of Urban Affairs & Planning.

According to sources, Mr. Kelly allegedly departed the premises at or about the same time as the official inspection.

However, the new ‘Stop Work’ order has been left at the site of Mr. Kelly’s illegal jetty construction this time by the order of the Director of the Department of Urban Affairs and Planning which was signed by Christopher Nasak, the Enforcement Officer.

The order quotes the Foreshore Protection which states that a person who undertakes, causes or permits any development for which the consent of the Minister is required under this Act, if such consent has obtained, lapsed and imposed conditions that have been breached, commits an offence and is liable on conviction to a fine not exceeding VT5,000,000 or a term of imprisonment of 5 years.

It continues to state that by the Authority of the Foreshore Development Act [CAP 90], Mr. Kelly was duly ordered to cease all work at once, and no further work will be permitted until all permits are obtained.

The inhabitants of Tanoliu and Havannah Harbour commended the government for taking prompt and decisive actions, and they pledged to follow the prosecution’s progress and keep calling for “Kelly’s Concrete Wall” to be completely demolished.

Residents of the two areas stated that the government’s prompt response on the very first day back at work following the independence celebration demonstrated their intention to pursue legal action against this significant Foreshore Protection Act violation.