The Opposition and the Bermuda National Trust railed at Government yesterday for pursuing construction of a second cruise ship pier without final planning permission.

Cole Simons, Shadow Minister for the Environment, said: "There is no excuse for the Government's behaviour. This is how the system breaks down."

On Thursday Government issued a statement saying it was forced to seek retroactive planning approval for the final phase of the new Dockyard pier.

Although the master plan for the $35 million project was granted 'in principle' and Phase One construction of the pier itself, was approved, Phase Two has yet to get final go-ahead.

This includes work on the cruise ship terminal building, a ground transportation area, widening the North Arm Bridge to 42 ft, and a seasonal ferry docking area.

Construction however, started at the end of 2007, with completion needed before the end of April 2009 when the first mega-ship of the season arrives.

The Ministry of Tourism and Transport was advised by the Department of Planning to apply for a Special Development Order last April to speed up the Phase Two approval.

However, a land reclamation agreement between the Ministry of Works and Engineering (Government's landlord) and the West End Development Corporation, for 8.2 acres of the seabed "became mired in administrative delays" in December. The agreement is needed before an SDO can be approved.

Forced to change tack, on January 6 the Ministry submitted an application for retroactive planning permission for the work including the land reclamation.

In a statement this week, Glenn Jones, Press Secretary to Premier and Minister of Tourism and Transport Ewart Brown, said the SDO application had to be abandoned due to time constraints.

He said "an alternative path was sought" after it became clear the SDO would not be granted before April 29, when the first mega-ship arrives.

"Due to a number of legal requirements it was not until December 2008 that it became clear that the land reclamation agreement and subsequent SDO would not be completed prior to the opening of the new cruise pier.

"A retroactive SDO approval was considered but was later deemed an untenable option legally," said Mr. Jones.

Deeming the project of "urgent national importance", Government has said any delays in the pier's completion could cost the local economy $16 million.

Mr. Jones said Government remains positive the land reclamation agreement will shortly get the go-ahead. "It is envisioned the agreement will be finalised in time," he said.

Yesterday however, both the Opposition and the Bermuda National Trust criticised Government for failing to adhere to planning protocol.

Opposition MP Mr. Simons said: "The rules are supposed to apply to everyone no exceptions including the Government of Bermuda.

"So we are deeply disturbed that this Government has once again failed to observe the Planning rules rules it is obliged and sworn to uphold.

"The news that Government is building a cruise ship terminal at Dockyard without planning permission must be condemned. This is the third time a major section of the controversial Dockyard project has proceeded without proper approvals in place. This is not a mistake. It demonstrates wilful behaviour and contempt for our laws.

"For whatever reason, despite Wedco's long-time understanding of the requirements for the Dockyard project, this Government has proceeded without regard for the rules. If an individual did the same thing, he would be subject to a stop order and even court proceedings."

Mr. Simons said: "It is our view that when it comes to the development of Bermuda's physical infrastructure this Government is out of control, treating our country as its personal fiefdom.

"This is not an overstatement. We have seen it in the chronic abuse of Special Development Orders, no-bid contracts worth millions of dollars to favoured contractors, and persistent disregard for the planning process, particularly the views of the DAB and technical officers.

"Having a government that does not abide by the rules is a very serious matter. All responsible citizens, regardless of party affiliation, should consider the ramifications of one set of rules for the Government and one set of rules for the rest of us."

Jennifer Gray, Bermuda National Trust executive director, said: "The Bermuda National Trust has been concerned for some time that this massive development has continued to near completion without planning permission. Adhering to the planning process ensures the integrity of a system which is fundamental to our Island's cultural and environmental health. Government must take the lead in championing and following its dictates, thereby leading others to do so as well.

"The Bermuda National Trust, in addition, still has outstanding concerns regarding the impact of this development on the surrounding marine environment, the historic environment and the ability of Dockyard's infrastructure to accommodate such large numbers of cruise ship passengers and staff from the mega-ships and the resultant quality of the experience in the area for both locals and visitors alike."