Government has defended its handling of the new cruise ship terminal at Dockyard, following accusations it had disregarded the Planning process.

In the Bermuda Sun on Friday, Shadow Environment Minister Cole Simons accused Government of setting its own rules. Mr. Simons accused Government of "contempt for due process" and of starting the project without Planning permission. He said: "That a Government project could be started without Planning permission is a head shaker. No one is allowed to build without Planning permission, period. But that straightforward rule is not for this Government."

Mr. Simons said: "We can't have one set of rules for the Government and one set of rules for the rest of us. Unfortunately, with the Brown Government, that is exactly what we have. Time and again the Government has shown that it marches to the beat of its own drum, thumbing its nose at the rules."

But acting Environment Minister Derrick Burgess stressed the application, by West End Development Corporation, is only the initial stage of two phases of construction, and that piling work under way is purely for testing purposes.

As reported in The Royal Gazette on September 12, plans for Phase One of the New Cruise Ship Pier are currently under review by the Planning Department. Construction of the pier will enable Panamax and Post-Panamax size megaships to berth at the Royal Naval Dockyard.

Construction requires stabilising 300 circular steel piles into the seabed in a yearlong operation. But test piling has already started in order to calculate the building materials needed and to monitor noise levels through the water — so as not to harm the dolphins at Dolphin Quest.

This is a condition of the Environmental Impact Statement (EIS), submitted on August 16 by agents EnTech. It comprises several technical reports and recommendations by marine scientists and other experts.

Mr. Simons, writing in the Bermuda Sun, however accused Government of "steamrolling the project over the protests of its own officials".

"The Dockyard project stands as an example of a government that is out of sync in its planning," said Mr. Simons. "The decision to host megaships in 2009 being taken without enough time for proper environmental understandings, without public consultation, without consideration for planning controls and without a clearly articulated megaship policy."

However, Mr. Burgess said: "Discussions between the Department of Planning and the developer and consultants on the project for the construction of a new pier at Dockyard have been ongoing since at least June, 2006. At this time, during pre-consultations, the requirement for an Environmental Impact Assessment (EIA) was discussed.

"The original Planning application was submitted in March, 2007. Following further consultation and discussion between key agencies including the Department of Marine and Ports Services and the Department of Conservation Services, and the Ministry of Tourism and Transport, the decision was taken to revisit the entire process of seeking approval from the Development Applications Board.

"The Department of Planning advised that the most efficient manner to manage the planning and building approval process would be to adopt a phased approach to the development.

"Given the requirement for the submission and approval of a supporting EIA, it was decided that the most expeditious manner to handle the matter was to first seek in-principle approval for the master plan development comprising two phases.

"Phase One included the pier and associated infrastructure along with mitigation measures, and Phase Two involved the terminal building, ground transportation area, North Arm Bridge and associated mitigation measures.

"This approach was taken to allow for the completion of the required environmental studies to dovetail in a manner that would allow for planning assessment of the development based primarily on the priorities of the construction schedule.

"The Development Applications Board approved the in-principle master plan on September 12, 2007, and the Phase One application — P0140/07- to which the current EIS relates is still under consideration.

"This project is characterised by a number of unique circumstances, which must, of necessity, be taken into consideration. Foremost, the presence of the Dolphin Keep, complicated with the recent birth of the calves, dictated that the dolphin environment should be disturbed as little as practicable and therefore, the project had to be implemented with the Dolphin Keep in situ. This necessitated that mitigation measures be devised as a matter of urgency. With the assistance and collaboration of Dolphin Quest, appropriate measures were deployed."

These measures consist of a breakwater outside the entrance to the tunnel at the Keep and three 'sound-attenuation baffles' — noise and vibration barriers — inside the tunnel.

Christine Mihelcic, the general manager of Dolphin Quest, has told The Royal Gazette it is "happy" with the arrangements and there has been "no disturbance" to the eight dolphins and three calves in the Keep. Mr. Burgess said that the driving of test piles was "necessary to provide empirical data in support of the EIS".

"Understanding the need for the development of the EIA and all that was involved in the production of that Assessment, and in view of the national importance of this project, the Department of Planning agreed to allow the work being undertaken in respect of the test pile driving," he said.

The Minister added that scrutiny of the planning documents will indicate "the efficiency and priority with which the Department and its consultees have sought to deal with these matters".

"It must be stressed that all matters are being dealt with — openly and fairly," he said.