Pretty much the entire country of Belize has been parceled out to oil companies for exploration. 21 blocks in all, covering all that area where it is believed oil can be found, which really, only leaves out the Maya Mountain range. And if you are a property owner, your land falls somewhere within one of those blocks. So what if oil is found in your back yard – what revenues or benefits are you entitled to? Well, you would get a share, of a share, small change really – if you compare it to what the oil company gets.
That’s because the laws of Belize say that what’s beneath the earth is the exclusive domain of the government of Belize, even if it’s on your property. That’s the law, but does it violate the constitution? That’s what a group calling themselves the Landowners of Belize are challenging. And they are using the Chief Justice’s recent landmark ruling on Mayan communal land right to bolster their argument.
Today they held a meeting in Spanish Lookout – the only place in Belize where commercial quantities of oil have been found. They told 7NEWS what they’re trying to accomplish and the problems they face.
Jim Cavanaugh, Coordinator – Land Owners’ Association
“What we’re trying to say is that all land owners are entitled to some reimbursement or compensation for coming on your land to even explore. If we drill you are entitled to some compensation for the disturbance and the use of your land. The companies apparently have been led to believe that they have the right to do whatever they want to and go on anybody’s land regardless of any other laws that exist.
They have made statements very flat that they will not pay for permission to go on anybody’s land, they will not pay for any disturbance, although this is specifically required in the law – they’ll only pay actual damages which they determine. This means that if you’re a large land owner, you sit there and you have a 25,000 acre block, then you’re not really too concerned about a lot of the small details but most of us are small land owners and so the big question then is do I have the right to control my land.
Do I have the right to say you need my permission to come on my land - and say alright I’ll give you my permission for $100, no big deal. But at least it is still my land and I’ve given permission for it. Now the disturbance, you’re going there and you’re actually doing things on my land. You have to admit that’s a disturbance of my land. So I should be getting some sort of a payment for it. They say no, we won’t do that. So there’s really nothing to argue about and nothing to arbitrate because we only pay for damages. Well the arbitration is you should pay for my permission and you should pay for any disturbance that you do.
If oil is found, then you are entitled to compensation that’s consistent with an equitable or fair and reasonable return and right what we are talking about is not fair and reasonable.”
Jules Vasquez,
Do you think that under the current regime, land owners in Spanish Lookout have been disadvantaged or taken advantage of?
Allan P. Reimer, Chairman – Spanish Lookout Oil Board
“Yes. We’ve gone through we would never ever want to see the
rest of the country go through. We’ve received e-mails from BNE saying we have the unrestricted rights and ponder on those words, ‘unrestricted rights.’ Here we are we’ve established the Spanish lookout now some 50 years, and have someone comes and says we have the unrestricted rights. It really makes you feel what do we have here and I think that can never be so. That is impossible that the government can issue unrestricted rights to somebody that isn’t the land owner.”
Jim Cavanaugh,
“What they’re saying is that the petroleum overrides the constitution and the land laws but the land laws and the constitution are very specific about the protection and the third big problem that we have is no one is measuring the oil. The oil companies are telling us how much they take – and there’s no way to verify it and they refuse to put in meters. So, when you ask well how much royalty am I due? How do you know? Well we’ll tell you how much is due.”
Jules Vasquez,
You’re saying that the wells here in Spanish Lookout, there’s no one from the government’s side saying, “Ok the meter says this and that truck left, now the meters says this…?
Jim Cavanaugh,
“There is no meter! There are no meters!”
Jules Vasquez,
There is a meter, I’ve seen it.
Jim Cavanaugh,.
“There are no meters on any well in Spanish Lookout! Right?”
Allan P. Reimer,
“There are no meters in Spanish Lookout. The problem is that if you don’t have a meter and it’s not secured or it can be tampered with, what use is the meter even if you have a meter?”
We tried numerous times to get a comment from Belize Natural Energy today by phone and e-mail, but received no response. It’s notable that Barry Bowen was also named as a member of the steering committee for the Landowners’ Rights Group. They have prepared a ten point proclamation that will be submitted to government.
