The Bermuda Environmental and Sustainability Taskforce yesterday questioned whether Government has the authority to continue with negotiations for a land transfer of Morgan's Point with a General Election less than two weeks away.

BEST chairman Stuart Hayward said that as a caretaker Government is currently in place, any change in power on December 18 could upset the potential swap with the Southlands estate.

Developer Craig Christensen revealed on Monday that negotiations between Southlands Ltd., the Jumeirah Group and Government are at an "advanced stage".

But Mr. Hayward said yesterday: "There are a number of things the caretaker Government seems to be doing, such as the buying of a cement storage firm in Dockyard and the 'ratification' of the Kyoto Protocol.

"The people who have been watching this ought to be careful they don't get burned one way or another. This is too important to have it sidelined by people looking to score politically from the deal.

"We (BEST) have been saying for quite some time it would be preferable to build this resort on brownfield rather than greenfield, but that doesn't mean we have now washed our hands of it. What gets done at Morgan's Point will have our scrutiny just as much as what was intended for Southlands. Any plans should have to go through the development applications process and be approved before any development.

"Then there is the issue of Southlands — will this land be added to open space or kept as land bank for housing or some other project?"

Mr. Hayward said: "We're keeping our eyes peeled but in principle, we support the transfer. This is the kind of thing we would like to see more of — using previously developed land rather than pristine areas."

Mr. Christensen said yesterday that Southlands Ltd. will receive a portion of freehold but will also have to lease land from Government at Morgan's Point. He could not yet disclose how much of the 260 acres developers will receive in exchange for the 37-acre Southlands estate, or the financial transactions involved in the land swap.

"We are currently still involved in certain details to be agreed," said Mr. Christensen. "It will be more appropriate to comment when we've got an agreement with Government."

But he told The Royal Gazette: "A portion of the land would have to be leased back from Government and a portion of the land would be freehold."

Freehold is a term for complete ownership of land for an unlimited period. Leasehold is a form of property tenure from an owner — one party buys the right to occupy land or a building for a given amount of time.

Mr. Christensen has said that if the land transfer goes ahead at Morgan's Point, Government will retain part of the 260-acre brownfield site for public housing. A PGA standard golf course is also in the blueprint. However, the Jumeirah Southlands resort will have to be redesigned due to the relocation.

Mr. Christensen said: "Jumeirah see it as a different resort and we would have to create the amenities rather than inherit them, such as the beach at Southlands and the Quarry Gardens. There are beaches on Morgan's Point, albeit in need of cleaning and tidying up.

"The resort plans at Southlands would not be appropriate for Morgan's Point and would have to be scrapped, and an exciting new resort concept developed for Morgan's Point."

Mr. Christensen, Brian Duperreault and Nelson Hunt bought the greenfield Southlands estate in 2005 for an undisclosed sum and aimed to build a 311-suite five-star cliffside resort on the property. They met vocal opposition from residents and environmental campaigners who objected to the loss of open space and wildlife habitats, as well as potential traffic congestion along the South Shore.

Morgan's Point is a former US Navy base which has been returned to Bermuda Government ermuda. The costs of environmental remediation have been estimated at $25 million due to heavy contamination with asbestos, metals, chemicals and 55,000 gallons of jet fuel. Government has said taxpayers will meet the costs of a clean-up.