Cabinet Decision on Interim Directive on Blue Iguanas

After receiving requests from affected property owners, Cabinet has directed the cessation of the National Conservation Council’s 27 February 2023 interim directive, which identified several parcels of land in East End as critical habitat for protecting blue iguanas.

The interim directive mandated speed controls on roads and prevented domestic pets from roaming into blue iguanas’ habitat.

Published in the Cayman Islands Gazette today, Cabinet’s decision to cease the interim directive was in accordance with section 17(8) of the National Conservation Act (NCA).

“This Cabinet aims to be transparent with our people about the decisions we make, and why we’ve made them. With this decision, we’re sending a clear message that due process will be respected throughout Government, its statutory authorities, departments and boards,” the Premier, Hon. André M Ebanks, said.

He noted that while Grand Cayman’s blue iguanas are a protected species under the NCA’s Schedule 1, and while Government continues to fully support ongoing conservation efforts for this endemic species, Cabinet was obligated to weigh competing constitutional provisions.

In making its decision Cabinet carefully considered its obligations under section 18 of the Cayman Islands Constitution, including to:

• protect the environment;
• remedy the lack of due process in initially implementing the directive;
• review the length of time the interim directive had been in effect, and whether it could reasonably still be considered ‘interim’; and
• respond to concerns about the interim directive’s impact on the property owners’ rights, pursuant to section 15 of the Constitution.

“Cabinet is responsible for ensuring due process and good governance,” the Premier said. “In this case, our responsibility was to balance, within existing constitutional obligations, the rights of our people to a fair and reasonable process while considering the protection of our blue iguanas. The decision needed to be lawful, reasonable, proportionate and procedurally fair, in line with section 19 of the Constitution.”

The cessation of the interim directive applies to the landowners who requested that it be lifted, and to other private landowners as well as parcels owned by the National Trust and the Crown which have been set aside to support the blue iguana programme.

However, property owners are still legally required to obtain the necessary planning approval prior to any future development taking place on the properties in question. Additionally, the CPA is required under the Act to consult with the National Conservation Council (NCC) in considering any planning application for these properties.

Government may consider further clarifications to the NCA as it relates to the meaning of the term ‘interim’; to set reasonable time limits once such directives are issued; and to establish timeframes within which the Cabinet should be informed about the issuing of such directives.

Looking forward, the Premier said Cabinet will welcome receiving the draft Species Conservation Plan, which the DoE has indicated will be ready for consideration by Cabinet in early 2026.

“The plan will reflect comprehensive data and research on the blue iguana population, for which the Cayman Islands has received UK funding. As required under the Act, the plan will be open to the public for consultation with the aim of properly protecting our endemic blue iguana species.”

Government also notes that under NCA sections 13 and 14, property owners can enter into conservation agreements with Government should they wish for their property to be considered a conservation area. At present, the Premier has suggested to the NCC Chair that it may be worth considering conservation agreements for the Colliers Wilderness Reserve and the Salina Reserve, to protect this critical habitat. 

“If greater protection for the blue iguana habitat can be achieved through mutual agreements starting with the Colliers Wilderness Reserve and the Salina Reserve, that would be a positive outcome for all stakeholders and the people of the Cayman Islands,” the Premier said.