Environmental
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–2 ..
3–92 ..
93–162 ..
163–192 ..
193–221 ..
L.R.O.
Act
3 of 2000
LAWS OF TRINIDAD AND TOBAGO
CHAPTER 35:05
ENVIRONMENTAL MANAGEMENT ACT
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
2 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
Index of Subsidiary Legislation
Page
Certificate of Environmental Clearance Rules (LN 104/2001) … … 64
Noise Pollution Control Rules (LN 60/2001) … … … … 75
Noise Pollution Control (Fees) Regulations (LN 51/2001) … … 101
Environmentally Sensitive Species Rules (LN 63/2001) … … … 102
Environmentally Sensitive Area Rules (LN 64/2001) … … … 112
Environmentally Sensitive Area (Matura National Park) Notice (LN 323/2004) 122
Certificate of Environmental Clearance (Designated Activities) Order
(LN 103/2001) … … … … … … … 134
Certificate of Environmental Clearance (Fees and Charges) Regulations
(LN 91/2001) … … … … … … … 145
Environmental Commission Rules of Practice and Procedure (LN 135/2002) 147
Water Pollution Rules (LN 230/2001) … … … … … 193
Water Pollution (Fees) Regulations (LN 142/2001) … … … 220
Note on Omission
Notices made under sections 28, 29, 35, 41 and 86 have been omitted. (These Notices deal
with submission for comments and final action in respect of Rules made under the Act
within a definite period—See the Current Edition of Acts and Subsidiary Legislation for
references to these Notices).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 3
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
CHAPTER 35:05
ENVIRONMENTAL MANAGEMENT ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title and alteration of the Constitution.
2. Interpretation.
3. Act binds the State.
4. Objects of the Act.
5. Policy direction from the Minister.
PART II
ESTABLISHMENT AND ORGANISATION OF THE
ENVIRONMENTAL MANAGEMENT AUTHORITY
6. Establishment, incorporation and constitution of the Authority.
7. Seal of the Authority.
8. Meetings.
9. Delegation.
10. Managing Director.
11. Appointment of personnel.
12. Limitation of personal liability.
13. Committees, working groups and advisory councils.
14. Annual report.
15. Guidelines to be made by the Board.
PART III
FUNCTIONS AND POWERS OF THE AUTHORITY
FUNCTIONS
16. General functions of the Authority.
17. Information.
18. Development of National Environmental Policy.
19. Development of Environmental Code.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
4 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
POWERS
20. General powers of the Authority.
21. Appointment of inspectors.
22. Powers of entry and inspection.
23. Obtaining information and samples.
24. Use of force.
25. Emergency response activities.
PART IV
RULES AND PUBLIC PARTICIPATION
26. Rules.
27. Rule-making process.
28. Public comment procedure.
29. Preservation of administrative record.
30. Jurisdiction and standard for appeal.
PART V
ENVIRONMENTAL MANAGEMENT
GENERAL
31. Compliance with National Environmental Policy.
32. Arrangements with governmental entities.
33. Environmental Officers.
34. Environmental incentive programmes.
ASSESSMENT OF ENVIRONMENTAL IMPACTS
35. Certificate of environmental clearance.
36. Issue or refusal of Certificate.
37. Monitoring.
38. Relationship with other governmental entities.
39. Exceptions.
40. Appeals.
ARRANGEMENT OF SECTIONS—Continued
SECTION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 5
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
PROTECTION OF NATURAL RESOURCES
41. Designation of environmentally sensitive areas and species.
42. Notice of proposed action.
43. Control and management.
44. Exception.
45. Co-ordination.
46. Appeal.
POLLUTION AND HAZARDOUS SUBSTANCES
47. Record-keeping and monitoring requirements.
48. General permit conditions.
AIR AND NOISE POLLUTION
49. Management of air and noise pollution.
50. Air pollution permits.
51. Prohibited air and noise pollution.
WATER POLLUTION
52. Management of water pollution.
53. Water pollution permits.
54. Prohibiting water pollution.
WASTES
55. Waste management.
56. Identification of hazardous wastes.
57. Waste permits and licences.
58. Waste prohibitions.
HAZARDOUS SUBSTANCES AND SPILLS
59. Management of hazardous substances.
60. Hazardous substance prohibitions.
61. Notification of spills, releases and other incidents.
SECTION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
6 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
ARRANGEMENT OF SECTIONS—Continued
SECTION
PART VI
COMPLIANCE AND ENFORCEMENT
62. Environmental requirements.
63. Notice of violation.
64. Issue of Administrative Order.
65. Administrative Orders.
66. Administrative civil assessment.
67. Application for enforcement.
68. Other actions by the Authority.
69. Direct private party actions.
70. Criminal offence for knowing or reckless endangerment.
71. Liability of private and public officials.
PART VII
ENVIRONMENTAL TRUST FUND AND FINANCES
72. Establishment and purposes of the Fund.
73. Trustees for the Fund.
74. Resources of the Fund.
75. Investment of Fund monies.
76. Exemption from taxes.
77. Borrowing by the Fund.
78. Use of Fund monies.
79. Finances of the Authority.
80. Financial accounting by the Trustees.
PART VIII
ESTABLISHMENT AND JURISDICTION OF
ENVIRONMENTAL COMMISSION
81. Establishment and jurisdiction of Commission.
82. Constitution of Commission.
83. Salary, allowances and conditions of service.
84. Procedure and jurisdiction of Commission.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 7
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SECTION
85. Notices of appeal.
86. Hearing and determination of appeals.
87. Statement of case for opinion of Court of Appeal.
88. Order for deferment.
89. Direct private party action.
90. Regulations for the Commission.
PART IX
MISCELLANEOUS
91. Service of documents on the Authority.
92. Legal proceedings.
93. Intervention by the Attorney General.
94. Ethical standards and prohibitions.
95. Conflict of interest.
96. Regulations.
97. Validation of acts or omissions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
8 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
CHAPTER 35:05
ENVIRONMENTAL MANAGEMENT ACT
An Act to repeal and re-enact the Environmental
Management Act, 1995 and to validate all acts and
things done thereunder.
[8TH MARCH 2000]
WHEREAS, the Government of the Republic of Trinidad and
Tobago (hereinafter called “the Government”) is committed to
developing a national strategy for sustainable development,
being the balance of economic growth with environmentally
sound practices, in order to enhance the quality of life and meet
the needs of present and future generations:
And whereas, management and conservation of the
environment and the impact of environmental conditions on
human health constitute a shared responsibility and benefit for
everyone in the society requiring co-operation and co-ordination
of public and private sector activities:
And whereas, while several public authorities and other
institutions have been performing various environmental
functions and services under existing laws, there is need for a co-
ordinated approach to ensure the application of those laws is
consistent with the Government’s commitment:
And whereas, sustainable development should be encouraged
through the use of economic and non-economic incentives, and
polluters should be held responsible for the costs of their
polluting activities:
And whereas, in furtherance of its commitment, the Government is
undertaking the establishment and operation of an Environmental
Management Authority to co-ordinate, facilitate and oversee
execution of the national environmental strategy and programmes, to
promote public awareness of environmental concerns, and to
3 of 2000.
Commencement.
Preamble.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 9
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
establish an effective regulatory regime which will protect,
enhance and conserve the environment:
And whereas, for the purpose of supporting and strengthening
the role of the said Authority, the Government is also undertaking
the establishment of the Environmental Commission which
would be endowed with the power to enforce the policies and
programmes of the Authority:
And whereas, it is enacted by subsection (1) of section 54 of the
Constitution that Parliament may alter any of the provisions thereof:
And whereas, it is provided by subsection (2) of the said section 54
that insofar as it alters certain provisions of the Constitution a Bill
for an Act of Parliament under the said section 54 shall not be
passed by Parliament unless at the final vote thereon in each
House it is supported by the votes of not less than two-thirds of
all the members of each House:
And whereas, it is intended by this Act to alter the Constitution.
PART I
PRELIMINARY
1. (1) This Act may be cited as the Environmental
Management Act.
(2) This Act shall be construed as altering sections 104
to 107, 136 and 137 of the Constitution.
2. In this Act, unless the context otherwise requires—
“air pollutant” means any pollutant released into or which
otherwise has an impact on the atmosphere or climate;
“Authority” means the Environmental Management Authority
established under section 6;
“Board” means the Board of Directors of the Environmental
Management Authority appointed under section 6;
Short title and
alteration of the
Constitution.
Interpretation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
10 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
“Commission” means the Environmental Commission
established under section 81;
“environment” means all land, area beneath the land surface,
atmosphere, climate, surface, surface water, groundwater,
sea, marine and coastal areas, seabed, wetlands and natural
resources within the jurisdiction of Trinidad and Tobago,
and “environmental” shall have the corresponding meaning;
“Environmental Officer” means any person authorised under
section 33;
“environmental requirement” means any of those provisions
specifically identified under section 62;
“environmentally sensitive area” means a portion of the
environment so designated under section 41;
“environmentally sensitive species” means any species of living
plant or animal so designated under section 41;
“Fund” means the Environmental Trust Fund established under
section 72;
“governmental entity” means any—
(a) department of Government;
(b) statutory body; and
(c) other enterprise or institution which,
in whole or in part, is publicly funded or owned by the
Government;
“handling”, in relation to any hazardous substance or waste,
means the manufacture, import, export, processing,
treatment, packaging, storage, transportation, use,
collection, disposal, or other related activities;
“hazardous substance” means any substance which, by reason of
its chemical or physical properties, and based on technical,
scientific and medical evidence is determined to cause
through handling or from a release, harm to human health or
the environment;
“inspector” means an individual appointed under section 21;
“Managing Director” means the Managing Director of the
Authority appointed under section 6;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 11
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
“natural resources” means the living plants, animals, organisms
and other biological factors within the environment, and the
geologic formations, mineral deposits, renewable and non-
renewable assets, and the habitat of the living plants,
animals, organisms and other biological factors;
“noise pollution” means any disturbance of the environment by a
pollutant consisting of sound or other vibrations;
“person” includes any individual or any firm, business, company,
enterprise, body corporate, trust, unincorporated association,
partnership, or governmental entity, however constituted;
“pollutant” shall have the corresponding meaning;
“pollution” means the creation or existence of any deviation from
natural conditions within the environment, which based on
technical, scientific or medical evidence is determined to
cause or to be likely to cause harm to human health or the
environment, resulting from—
(a) the presence or release of any substance; or
(b) any other type of disturbance, whether by noise,
energy, radiation, temperature variation,
vibration, or objectionable odors; and
“premises” means any location within the environment, and any
facility, building, process, equipment, development, or
natural or man-made structure at such location, from or on
which pollutants may be released or hazardous substances
may be handled;
“process” means any activity associated with any premises or
vehicle which is capable of releasing a pollutant or
hazardous substance into the environment;
“programme” includes—
(a) the particular objective to be achieved by a
course of action;
(b) the policies to be developed or implemented,
and the procedures to be followed, in achieving
that objective; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
12 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(c) the allocation of resources and personnel directed
towards giving effect to that course of action;
“release” includes any disposing, spilling, emitting, leaking, or
other incidence of discharge into the environment of any
hazardous substance or pollutant;
“rule” means a rule made in accordance with section 26 unless
otherwise specified;
“vehicle” means any form of conveyance or transportation—
(a) from which pollutants may be released; or
(b) used for or in connection with the handling of
any wastes or hazardous substances;
“waste” includes any material discarded or intended to be
discarded which—
(a) constitutes garbage, refuse, sludge, or other
solid, liquid, semi-solid or gaseous material
resulting from any residential, community,
commercial, industrial, manufacturing, mining,
petroleum or natural gas exploration, extraction
or processing, agricultural, health care, or
scientific research activities; or
(b) is otherwise identified by the Authority as a
waste under section 55;
“water pollutant” means any pollutant released into or which
otherwise has an impact on the surface water, sea, groundwater,
wetlands, or marine areas within the environment.
3. This Act binds the State.
4. The objects of this Act are to—
(a) promote and encourage among all persons a
better understanding and appreciation of the
environment;
(b) encourage the integration of environmental
concerns into private and public decisions;
Act binds
the State.
Objects of
the Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 13
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(c) ensure the establishment of an integrated
environmental management system in which the
Authority, in consultation with other persons,
determines priorities and facilitates co-
ordination among governmental entities to
effectively harmonise activities designed to
protect, enhance and conserve the environment;
(d) develop and effectively implement written laws,
policies and other programmes for and in
relation to—
(i) the conservation and wise use of the
environment to provide adequately for
meeting the needs of present and future
generations and enhancing the quality
of life;
(ii) the Government’s commitment to achieve
economic growth in accordance with
sound environmental practices;
(iii) the Government’s international
obligations; and
(e) enhance the legal, regulatory and institutional
framework for environmental management.
5. The Minister may from time to time give the Authority
directions of a special or general character in the exercise of the
powers conferred and the duties imposed on the Authority by or
under this Act.
PART II
ESTABLISHMENT AND ORGANISATION OF THE
ENVIRONMENTAL MANAGEMENT AUTHORITY
6. (1) There is hereby established a body corporate to be
known as the Environmental Management Authority, which shall
be governed by a Board of Directors consisting of the persons
appointed in accordance with this section.
Policy direction
from the
Minister.
Establishment,
incorporation
and constitution
of the Authority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
14 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(2) The President shall appoint—
(a) a Chairman;
(b) nine other members drawn from the following
disciplines or groups, namely, environmental
management, ecology, environmental health,
engineering, labour, community-based
organisations, business, economics, public
administration, law and non-profit
environmental non-governmental organisations.
(3) The Board shall appoint a Managing Director who
shall be the Chief Executive Officer and an ex officio member.
(4) A member of the Board other than the ex officio
member shall be appointed for a term not exceeding five years,
and under such terms and conditions of service as the President
may fix in the instrument of appointment.
(5) The Board shall select from among its members a
Deputy Chairman.
(6) The Board shall appoint a Corporate Secretary who
shall be an employee of the Authority.
(7) The Chairman may resign from office by an
instrument in writing addressed to the Minister, and any other
member of the Board other than the ex officio member may resign
from office by an instrument in writing addressed to the Chairman.
(8) The President may at any time revoke the appointment
of a member of the Board other than the ex officio member.
(9) The names of members appointed to the Board shall
be published in the Gazette and at least one daily newspaper of
general circulation.
7. (1) The Seal of the Authority shall be kept in the custody
of the Chairman, the Deputy Chairman or the Secretary, as the
Board may determine, and may be affixed to instruments in the
presence of the Chairman, or in the Chairman’s absence of the
Deputy Chairman, and of the Secretary.
Seal of the
Authority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 15
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) The Seal of the Authority shall be attested by the
signature of the Chairman, or in the Chairman’s absence the
Deputy Chairman, and the Secretary.
(3) All documents other than those required by law to be
made under seal may be made by, and all decisions of the Board,
may be signified under the hand of the Chairman or in the
Chairman’s absence, the Deputy Chairman or Secretary.
8. (1) The Board shall meet at least once in each month and
at such other times, and at such place, as the Chairman determines
is necessary for the efficient performance of its functions.
(2) The Chairman may at any time call a special meeting
of the Board and shall call such meeting within seven days of
the receipt of a requisition for that purpose addressed to the
Chairman and signed by any three members of the Board.
(3) The Chairman, or in the Chairman’s absence the
Deputy Chairman, shall preside at all meetings of the Board, and
where both the Chairman and the Deputy Chairman are for any
reason unable to preside at a meeting, the members present may
appoint a member to preside at that meeting.
(4) The quorum of the Board shall consist of seven
members.
(5) Decisions of the Board shall be adopted by a
majority of the votes and in a case in which the voting is equal,
the member presiding at the meeting shall in addition to that
member’s original vote have a casting vote.
(6) Minutes of each meeting of the Board shall be taken
in proper form and kept by the Secretary, and shall be confirmed
by the Board.
(7) Subject to this section, the Board may by resolution
regulate its own proceedings.
9. The Authority may, either generally or on such terms
and conditions as it thinks fit, delegate any of its functions or
powers to—
(a) the Managing Director; or
(b) any governmental entity.
Meetings.
Delegation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
16 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
10. (1) The Managing Director shall be entitled to such salary,
remuneration, allowances and other conditions of service—
(a) as the Board, with the approval of the Minister
may determine; or
(b) in accordance with the terms or arrangements
under any grant from an entity providing
funding for such matters.
(2) The Managing Director shall implement the
programmes of the Board.
(3) The Managing Director may, either generally or on
such terms and conditions as he thinks fit, delegate to any
personnel of the Authority, by instrument in writing, such of his
functions or powers as he thinks fit.
11. The Authority shall appoint such personnel as it
considers necessary on such terms and conditions as it thinks fit.
12. No personal liability shall attach to any member of the
Board, personnel of the Authority or Environmental Officer for—
(a) any act or omission of the Authority; or
(b) anything done, permitted to be done or omitted
in good faith in the course of operations of the
Authority by the Board, any personnel of the
Authority or any Environmental Officer.
13. (1) The Board may appoint such committees,
working groups or advisory councils as it thinks fit to assist
in the performance of its functions or to further the objects
of this Act.
(2) One of the committees established by the
Board shall—
(a) investigate, assess and report on the effectiveness
of co-ordination between the Authority and other
governmental entities, including the functioning
of Environmental Officers, and make appropriate
recommendations to the Board; and
Managing
Director.
Appointment of
personnel.
Limitation of
personal
liability.
Committees,
working groups
and advisory
councils.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 17
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) not later than three months after the end of each
calendar year, submit a report of its operations,
with recommendations to the Board.
(3) Personnel of the Authority and other governmental
entities shall co-operate fully with and provide information
requested by any committees, working groups or advisory
councils established by the Board.
14. (1) The Chairman of the Board shall, not later than four
months after the end of each calendar year, submit to the Minister
an annual report which shall include—
(a) an assessment of the state of the environment;
(b) a description of the activities of the Authority
during the preceding year including an
assessment of the effectiveness of co-ordination
between the Authority and other governmental
entities and its plans and programmes for the
current year;
(c) copies of any reports submitted by the
Trustees of the Fund as required under
section 80(5), including the audited annual
report of the Fund;
(d) an accounting of any financial assistance or
other support, and disclosure of the specific
programmes and activities involved, with
respect to matters not processed through or
accounted for by the Fund, as required under
section 79.
(2) The Minister shall cause a copy of any report
submitted pursuant to subsection (1) to be laid before Parliament
within twenty-eight days of its receipt by the Minister, or if
Parliament is not then in session, within twenty-eight days of the
commencement of its next session.
15. The Board may by resolution, make guidelines for its
own procedure.
Annual report.
Guidelines to
be made by
the Board.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
18 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
PART III
FUNCTIONS AND POWERS OF THE AUTHORITY
FUNCTIONS
16. (1) The general functions of the Authority are to—
(a) make recommendations for a National
Environmental Policy;
(b) develop and implement policies and
programmes for the effective management and
wise use of the environment, consistent with the
objects of this Act;
(c) co-ordinate environmental management functions
performed by persons in Trinidad and Tobago;
(d) make recommendations for the rationalisation
of all governmental entities performing
environmental functions;
(e) promote educational and public awareness
programmes on the environment;
(f) develop and establish national environmental
standards and criteria;
(g) monitor compliance with the standards criteria
and programmes relating to the environment;
(h) take all appropriate action for the prevention
and control of pollution and conservation of the
environment;
(i) establish and co-ordinate institutional linkages
locally, regionally and internationally;
(j) perform such other functions as are prescribed; and
(k) undertake anything incidental or conducive to the
performance of any of the foregoing functions.
(2) In performing its functions, the Authority shall
facilitate co-operation among persons and manage the
environment in a manner which fosters participation and
promotes consensus, including the encouragement and use of
appropriate means to avoid or expeditiously resolve disputes
through mechanism for alternative dispute resolution.
General
functions of
the Authority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 19
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
17. (1) The Authority shall compile information relating to
the environment.
(2) The Authority may subject to subsections (3) and
(4), make such information available to any person upon receipt
of a written request and payment of the prescribed fee.
(3) When complying with a request made under subsection
(2), the Authority shall not disclose or provide any information—
(a) that is subject to a trade secret or confidentiality
claim by a person supplying the information,
without the prior consent of that person; or
(b) if the Authority determines that disclosure of the
information would compromise its enforcement
programme or be contrary to the national interest.
(4) The Authority shall provide a written explanation of
any refusal to make information available when requested by a
person under this section.
18. (1) In furtherance of section 16(1)(a), the Board shall
prepare and submit to the Minister, not later than two years after
the commencement of this Act or such other time as the Minister
may direct by Order, recommendation for a comprehensive
National Environmental Policy (hereinafter called “the Policy”)
in accordance with the objects of this Act including—
(a) incorporation into the Policy of provisions
which seek to encourage the establishment of
institutional linkages locally, regionally and
internationally to further the objects of this Act;
(b) an analysis of the legislative, regulatory and
practical issues impacting upon the
development and successful implementation of
the Policy; and
(c) a programme for promoting the Policy and
seeking an effective commitment from all
groups and citizens in the society to achieve the
stated objectives in the Policy.
Information.
Development
of National
Environmental
Policy.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
20 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(2) In preparing its recommendations as provided in
subsection (1), the Board shall develop and submit to the
Minister a report which may—
(a) describe the general environment and
environmental conditions within Trinidad
and Tobago;
(b) specify the general environmental quality
objectives to be achieved and maintained under
the Policy;
(c) describe the ecological and other balances
required to be maintained for the conservation
of natural resources and protection of the
environment;
(d) specify the elements or areas of the environment
which require special protection;
(e) identify specific beneficial uses of the
environment to be permitted or protected by the
Policy;
(f) describe the indicators, parameters or criteria
which will be used in measuring environmental
quality; and
(g) establish a programme by which the
environmental quality objectives, balances,
beneficial uses and protections referred to in the
foregoing paragraphs are to be achieved and
maintained.
(3) After considering the recommendations and report
developed by the Board, the Minister shall cause a draft of the
Policy to be—
(a) prepared by the Board; and
(b) submitted for public comment in accordance
with section 28.
(4) After considering the public comments received on
the draft Policy, the Board shall submit a revised draft Policy to
the Minister for approval.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(5) The Policy may be revised from time to time in
accordance with the procedures specified in this section.
(6) The Minister shall, within one month of the approval
of any policy submitted under subsection (4), cause the policy to
be laid in Parliament.
19. (1) Within three years after the commencement of this
Act or such other time as the Minister may by Order direct, the
Authority shall—
(a) undertake a comprehensive evaluation of the
written laws and various programmes which
address environmental issues; and
(b) develop and submit to the Minister a draft
Environmental Code providing for the overall
consolidation, rationalisation and modernisation
of such laws and programmes.
(2) When developing the draft Environmental Code,
the Authority shall consider and where appropriate, seek
to incorporate—
(a) the imposition of product charges where the
product manufacturing process or usage is a
significant source of pollution; and
(b) the adjustment of direct Government subsidies,
or the establishment of tax differentiation or tax
incentives, to encourage beneficial
environmental activities or to ensure that pricing
reflects environmental costs more adequately.
POWERS
20. (1) The Authority has power to do all things necessary
or convenient to be done for or in connection with the
performance of its functions.
(2) Without limiting the generality of subsection (1), the
Authority has power to—
(a) acquire information relevant for the
performance of its functions;
Development of
Environmental
Code.
General powers
of the Authority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
22 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(b) require the payment of charges and fees under
such circumstances as may be prescribed;
(c) enter into contracts;
(d) acquire, hold and dispose of real and personal
property;
(e) occupy, use and control any land or building
owned or held under lease by any governmental
entity and made available to the Authority for its
purposes;
(f) accept gifts, devises and bequests made to the
Authority whether on trust or otherwise, and act
as trustee of moneys or other property vested in
the Authority upon trust; and
(g) do anything incidental to any of its powers.
21. (1) The Authority may by instrument in writing appoint
as an inspector, any—
(a) personnel of the Authority;
(b) Environmental Officer; or
(c) other individual retained by the Authority,
and specify in that instrument the powers that such person may
exercise as an inspector under this Act.
(2) The Authority shall cause to be issued to each
inspector, an identity card in the form determined by the Board
containing a photograph of the holder.
22. (1) Subject to subsection (2), any inspector shall, upon
presentation of his identity card and reasonable evidence of his
authorisation by the Authority to the occupier or person in charge
of any premises or vehicle, be allowed entry into such premises
or vehicle for the purpose of—
(a) developing or assisting in the development of
any programme or standard under this Act;
(b) monitoring compliance with any environmental
programme, standard, condition, permit, licence
or requirement under this Act;
Appointment of
inspectors.
Powers of entry
and inspection.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(c) obtaining information and samples, and
confiscating any article relevant to an offence or
violation; and
(d) carrying out any provision or requirement of
this Act.
(2) An inspector shall not be permitted to enter
such premises or vehicle, or obtain any information under this
Part, unless—
(a) the occupier or the person in charge of the
premises or vehicle consents to the entry; or
(b) where the occupier or the person in charge of the
premises or vehicle does not consent, the
Authority first obtains a warrant issued by a
Justice of the Peace or Magistrate.
23. (1) In the course of any entry permitted by section 22, an
inspector shall, where necessary and relevant to any environmental
programme, standard, condition, permit, licence or requirement under
this Act, be allowed to review and copy any documents and records,
take photographs, inspect any premises or vehicle, and take samples
for purposes of laboratory analysis of any air, water, soil or other
material from such premises or vehicle.
(2) If any samples are taken pursuant to subsection (1), the
owner or operator of such premises or vehicle shall, upon request, be
provided with a receipt for the sample collected which identifies the
types of analyses to be performed, and a portion of the sampled
material properly collected in an appropriate container.
(3) In any instance where the Authority requests any
information from a person under this section, and the person asserts
a claim that the information provided to the Authority should be
treated as a trade secret or confidential business information, the
Authority shall treat such information as confidential unless—
(a) the person does not disclose any valid basis for
the confidentiality claim, within fourteen days
after receipt of a request by the Authority; or
Obtaining
information and
samples.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
24 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(b) the Authority determines that the public interest
in disclosing the information clearly outweighs
any prejudice to the person who has supplied the
information to the Authority, and the Authority
provides such person with a reasonable
opportunity to contest such determination in the
Commission prior to any public disclosure of
the information.
24. If the use of force is required in executing a warrant,
performing an inspection, obtaining samples or other
information, or performing any other function under this Act, the
inspector shall be accompanied by a police officer who shall
render such reasonable assistance as may be necessary.
25. Whenever the Authority reasonably believes that a release or
threat of release of a pollutant or hazardous substance, or any other
environmental condition, presents a threat to human health or the
environment, the Authority may, after consultation with the Minister
and in co-ordination with other appropriate governmental entities,
undertake such emergency response activities as are required to
protect human health or the environment, including—
(a) the remediation or restoration of environmentally
degraded sites;
(b) the containment of any wastes, hazardous
substances or environmentally dangerous
conditions; and
(c) such other appropriate measures as may be
necessary to prevent or mitigate adverse effects
on human health or the environment.
PART IV
RULES AND PUBLIC PARTICIPATION
26. The Minister may, in accordance with section 27, make
Rules subject to negative resolution of Parliament, for the following:
(a) procedures for the registration of sources
from which pollutants may be released into
Use of force.
Emergency
response
activities.
Rules.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
the environment and the characterisation of
such sources;
(b) the quantity, condition or concentration of
pollutants or substances containing pollutants that
may be released into the environment generally or
by specific sources or categories of sources;
(c) procedures and standards with respect to
permits or licences required for a person to
install or operate any process or other source
from which pollutants will be or may continue
to be released into the environment;
(d) the form and manner of —
(i) applying for any licence, permit or
certification that may be required or
granted by the Authority;
(ii) revoking, suspending, varying or
cancelling a permit or licence or a
condition in that permit or licence;
(e) procedures, standards and guidelines for the
formal designation and protection of
“environmentally sensitive areas” or
“environmentally sensitive species” under
section 41;
(f) incentive programmes or mechanisms which
encourage the use of effective environmental
systems and the achievement of improvements
in environmental quality, as provided in
section 34;
(g) designation of hazardous substances or categories
of hazardous substances under section 59, and the
performance standards, procedures, safeguards
and licensing or permitting requirements in
accordance with which such hazardous
substances shall be handled;
(h) the procedure to be followed by any person
required to apply for and receive a certificate of
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
26 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
environmental clearance, and the standards for
preparation and submission of any
environmental impact assessment which may be
required under sections 35 to 38 inclusive;
(i) the definition of various categories of waste under
sections 55 to 57 inclusive, the requirements with
respect to the handling and disposal of such
categories of waste, and the licensing of facilities
at which such wastes are handled or disposed;
(j) procedures and standards for the periodic or
continual monitoring of pollutant releases in
conjunction with any process, activity, vehicle
or premises;
(k) the establishment of ambient environmental
quality criteria and standards which may be
taken into account in setting any general,
categorical or source-specific limitations under
paragraph (b) for any new or continued release
of pollutants into the environment;
(l) the design, construction, operation,
maintenance and monitoring of facilities or
processes for the control of pollution and the
handling of wastes; and
(m) any other matter required to be, or which may be
prescribed by the Authority.
27. (1) In the course of developing Rules, the Minister shall—
(a) submit draft Rules for public comment in
accordance with section 28;
(b) consider the public comments received and
revise the Rules as he thinks fit;
(c) cause the Rules to be published in the Gazette
and laid thereafter in Parliament.
(2) Any Rules made by the Minister shall become
effective when the Rules are published in the Gazette or at such
later time as may be specified in the Rules.
Rule-making
process.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 27
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
28. (1) Where a provision of this Act specifically requires
compliance with this section, the Authority shall—
(a) publish a notice of the proposed action in the
Gazette and at least one daily newspaper of
general circulation—
(i) advising of the matter being submitted
for public comment, including a
general description of the matter
under consideration;
(ii) identifying the location or locations
where the administrative record is
being maintained;
(iii) stating the length of the public comment
period; and
(iv) advising where the comments are to
be sent;
(b) establish and maintain an administrative record
regarding the proposed action and make such
administrative record available to the public at
one or more locations.
(2) The administrative record required under
subsection (1) shall include a written description of the proposed
action, the major environmental issues involved in the matter
under consideration, copies of documents or other supporting
materials which the Authority believes would assist the public in
developing a reasonable understanding of those issues, and a
statement of the Authority’s reasons for the proposed action.
(3) The Authority shall receive written comments for
not less than thirty days from the date of notice in the Gazette
and, if the Authority determines there is sufficient public interest,
it may hold a public hearing for discussing the proposed action
and receiving verbal comments.
29. The Authority shall keep available at the public locations,
for not less than forty-five days after publication of notice of the
final action in the Gazette, the administrative record, together with
Public comment
procedure.
Preservation of
administrative
record.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
28 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
copies of documents constituting the final action, a response to
the public comments and an identification of the basis for the
final action.
30. (1) Where the appeal of an action submitted for public
comment in accordance with section 28 is provided for under this
Act, the action may be appealed to the Commission by any
interested person on the ground that the Authority failed to
comply with the requirement for public participation in section 28.
(2) For the purposes of subsection (1), “interested
person” means any person who submitted a written comment on
the proposed action during the public comment period.
PART V
ENVIRONMENTAL MANAGEMENT
GENERAL
31. The Authority and all other governmental entities shall
conduct their operations and programmes in accordance with the
National Environmental Policy established under section 18.
32. (1) The Authority shall, not later than three months after
the commencement of this Act, initiate consultation with the
other governmental entities performing various environmental
management functions, with the objective of formulating
Memoranda of Understanding or other arrangements between
the Authority and such other governmental entities, which shall
establish the mechanisms for co-ordination across jurisdictional
lines and provide for the implementation of integrated
environmental management programmes.
(2) Memoranda of Understanding or other arrangements
developed under subsection (1), and any other such arrangements
developed thereafter, may be amended from time to time in order
to further the objects of this Act.
33. (1) The Authority may, in co-ordination with other
governmental entities whose personnel may be affected and
pursuant to an arrangement as provided in section 32, authorise
Jurisdiction and
standard for
appeal.
Compliance
with National
Environmental
Policy.
Arrangements
with
governmental
entities.
Environmental
Officers.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 29
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Environmental Officers from among those individuals employed
within such governmental entities.
(2) Environmental Officers may be authorised, by
instrument in writing signed by the Managing Director, to—
(a) assist in maintaining intra-governmental
co-ordination, communication and institutional
linkages for the development, integration and
effective implementation of the various policies,
laws, Regulations, Rules, guidelines,
programmes and other activities designed to
protect and conserve the environment; and
(b) carry out on the Authority’s behalf such
functions as may be agreed to between the
Authority and the other governmental entity.
34. (1) The Authority shall develop, promote and implement
appropriate incentive programmes which encourage the voluntary
use of effective environmental management systems and the
achievement of improvements in enviromental quality, including—
(a) the establishment of a voluntary facility
environmental audit programme which allows
for the exercise of enforcement discretion by the
Authority with respect to liability which might
otherwise arise, if an offence or violation is
detected as a result of such an audit programme
and voluntarily disclosed to the Authority;
(b) the establishment of environmental certification
or labelling programmes which allow the
Authority to distinguish or designate specific
persons, activities or products which the
Authority certifies as demonstrating or
representing significant environmental
management qualities;
(c) the operation of deposit-refund systems for
specified materials to increase the level of
recycling, reuse or other authorised disposition; and
(d) any other programmes or mechanisms which may
further the objects of this Act.
Environmental
incentive
programmes.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
30 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(2) With the approval of the Minister, the Authority
may impose pollution charges or user fees to encourage the
protection and conservation of the environment.
(3) For the purposes of this section, “facility
environmental audit programme” means a comprehensive
investigation and evaluation system designed and implemented at
a facility for the purpose of—
(a) detecting and preventing violations of
environmental requirements or the commission
of offences under this Act; and
(b) identifying opportunities for achieving
improvements in environmental programmes at
the facility.
ASSESSMENT OF ENVIRONMENTAL IMPACTS
35. (1) For the purpose of determining the environmental
impact which might arise out of any new or significantly
modified construction, process, works or other activity, the
Minister may by Order subject to negative resolution of
Parliament designate a list of activities requiring a certificate of
environmental clearance (hereinafter called “Certificate”).
(2) No person shall proceed with any activity which the
Minister has designated as requiring a Certificate unless such
person applies for and receives a Certificate from the Authority.
(3) An application made under this section shall be
made in accordance with the manner prescribed.
(4) The Authority in considering the application may
ask for further information including, if required, an
environmental impact assessment, in accordance with the
procedure prescribed.
(5) Any application which requires the preparation of an
environment impact assessment shall be submitted for public
comment in accordance with section 28 before any Certificate is
issued by the Authority.
36. (1) After considering all relevant matters, including the
comments or representations made during the public comment
Certificate of
environmental
clearance.
Issue or refusal
of Certificate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 31
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
period, the Authority may issue a Certificate subject to such
terms and conditions as it thinks fit, including the requirement to
undertake appropriate mitigation measures.
(2) Where the Authority refuses to issue a Certificate, it
shall provide to the applicant in writing its reasons for such action.
37. The Authority shall monitor the performance of the activity
to ensure compliance with any conditions in the Certificate, and to
confirm that the performance of the activity is consistent with—
(a) the description provided in the application for a
Certificate; and
(b) the information provided in any environmental
impact assessment.
38. (1) Where an activity designated under subsection 35(1)
constitutes a development requiring the express grant of permission
under the Town and Country Planning Act, the developer shall deal
directly with the entity responsible for town and country planning
with respect to the application for a Certificate and any
environmental impact assessment which may be required.
(2) If the approval of any other entity is required under
a written law with respect to the proposed activity, the issue of a
Certificate shall not affect in any way the requirement to obtain
such other approval before the proposed activity may proceed.
(3) In any instance where the Authority determines that
an environmental impact assessment is required for an activity at
any location, no other entity shall grant any permit, licence, or
other documentary authorisation with respect to such activity,
until a Certificate has been issued by the Authority.
39. Sections 35 to 38 inclusive shall not apply to—
(a) any activity with respect to which, prior to the
date on which review under this section first
became applicable, all final approvals necessary
to proceed already had been obtained from all
other governmental entities requiring such
approvals; and
Monitoring.
Relationship
with other
governmental
entities.
Ch. 35:01.
Exceptions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
32 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(b) any activity with respect to which, prior to the
effective date on which review under this
section first became applicable, outline planning
permission or full planning permission under
the Town and Country Planning Act had already
been obtained.
40. Any final decision by the Authority to refuse issuance of a
Certificate or to issue a certificate with conditions may be appealed to
the Commission by the person seeking such Certificate.
PROTECTION OF NATURAL RESOURCES
41. (1) The Authority may prescribe in accordance with
section 26(e) the designation of a defined portion of the
environment within Trinidad and Tobago as an “environmentally
sensitive area”, or of any species of living plant or animal as an
“environmentally sensitive species”, requiring special protection
to achieve the objects of this Act.
(2) For the purpose of subsection (1), designation shall
be made by Notice published in the Gazette.
42. In pursuance of section 41(1), the Notice shall include—
(a) a comprehensive description of the area or
species to be so designated;
(b) the reasons for such designation; and
(c) the specific limitations on use of or activities
within such area or with regard to such species
which are required to adequately protect the
identified environmental concerns.
43. Any designation of an “environmentally sensitive area”
or “environmentally sensitive species”—
(a) may permit the wise use of such area or species
and provide for the undertaking of appropriate
mitigation measures, but shall not otherwise be
deemed to authorise or permit any activity not
previously authorised or permitted with respect
to such area or species; and
Ch. 35:01.
Appeals.
Designation of
environmentally
sensitive areas
and species.
Notice of
proposed action.
Control and
management.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 33
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) shall only require compliance with the specific
limitations on use or activities specified in
the designation.
44. Sections 41 to 43 shall not apply to any activity with
respect to which, prior to the date of designation of an
“environmentally sensitive area” or “environmentally sensitive
species”, all final approvals necessary to proceed had already
been obtained from or for which application had been made to all
governmental entities requiring such approvals.
45. For the purposes of sections 41 to 43 inclusive, the
Authority shall co-ordinate with any governmental entities
having responsibility for planning and management in such areas
or with respect to such species.
46. Any final action designating an “environmentally
sensitive area” or “environmentally sensitive species” shall be
capable of appeal to the Commission.
POLLUTION AND HAZARDOUS SUBSTANCES
47. The Authority may, as prescribed by Rules, require any
person who releases a pollutant from any premises or vehicle, or
who engages in the handling of any hazardous substance, on a
one-time or periodic basis to—
(a) sample and analyse such pollutant or hazardous
substance, or material which has become
contaminated with such pollutant or hazardous
substance, for specified constituents or
characteristics;
(b) install, use and maintain such monitoring
equipment, and implement such environmental
audit procedures, as may be specified in any
permit or licence issued pursuant to this Act;
(c) establish and maintain records regarding such
sampling, monitoring and environmental
auditing activities;
(d) establish and maintain records regarding pollution
control equipment on the premises (including
Exception.
Co-ordination.
Appeal.
Record-keeping
and monitoring
requirements.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
34 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
records on control equipment parameters,
production variables and other indirect data
when direct monitoring is not required);
(e) submit reports and compliance certifications; and
(f) provide such other information as the
Authority may require.
48. (1) Where an application is made under section 50(3),
53(3), 57(4) or 60(2) for the grant of a permit or licence under
section 50(1), 53(1), 57(1) or 60(1), respectively, and the
Authority requires further information for the purpose of dealing
with the application, the Authority may require the person to provide
results of research or analysis to be undertaken by such person.
(2) The Authority may, as prescribed by Rules, revoke,
suspend, vary or cancel any provision in such permit or licence
where the Authority determines such action is necessary.
(3) Any conditions imposed in respect of a permit, or a
revocation, suspension, variation or cancellation takes effect
when notice is served on the holder of the permit or such later
time as the Authority may direct in the notice.
(4) Any such revocation, suspension, variation or
cancellation of a permit or licence shall be capable of appeal to
the Commission by the permit or licence holder.
AIR AND NOISE POLLUTION
49. (1) The Authority shall, as soon as practicable after the
commencement of this Act, investigate the environment
generally and such premises and vehicles as it thinks necessary
for the purpose of—
(a) ascertaining the extent of air and noise pollution
and the significant sources of pollutants which
by their release cause or contribute to such
pollution; and
(b) characterising or describing that pollution.
(2) The Authority shall cause a register of air and noise
pollutants to be maintained as prescribed by Rules, which shall
General permit
conditions.
Management of
air and noise
pollution.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 35
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
contain data identifying the quantity, conditions or concentrations
relevant to the identification of each pollutant.
(3) The Authority shall develop and implement a
programme for the management of such pollution which shall
include the registration and further characterisation of significant
sources of any ongoing or intermittent releases of air or noise
pollutants into the environment.
50. (1) The Authority may require and grant permits to
authorise any process releasing air pollutants subject to such
terms and conditions as it thinks fit.
(2) The terms and conditions of a permit may relate to
the design, construction, operation, maintenance and monitoring
of the facility and processes releasing air pollutants.
(3) A person shall apply to the Authority for the grant of
an Air Pollution Permit in accordance with the form as
determined by the Authority.
51. (1) No person shall release or cause to be released any air
pollutant into the environment which is in violation of any applicable
standards, conditions or permit requirements under this Act.
(2) No person shall emit or cause to be emitted any
noise greater in volume or intensity than prescribed in Rules
made under section 26 or by any applicable standards, conditions
or requirements under this Act.
WATER POLLUTION
52. (1) The Authority shall, as soon as practicable after the
commencement of this Act, investigate the environment
generally and such premises and vehicles as it thinks necessary
for the purposes of—
(a) ascertaining the extent of water pollution and
significant sources of water pollutants; and
(b) characterising or describing that pollution.
Air pollution
permits.
Prohibited air
and noise
pollution.
Management of
water pollution.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
36 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(2) The Authority shall cause a register of water
pollutants to be maintained as prescribed by Rules, which shall
contain data identifying the quantity, conditions or concentrations
relevant to the identification of each pollutants.
(3) The Authority shall develop and implement a
programme for the management of such pollution which shall
include the registration and further characterisation of significant
sources of any ongoing or intermittent releases of water
pollutants into the environment.
53. (1) The Authority may require and grant permits to
authorise any process releasing water pollutants subject to such
terms and conditions as it thinks fit.
(2) The terms and conditions of a permit may relate to
the design, construction, operation, maintenance and monitoring
of the facilities and processes releasing water pollutants.
(3) A person shall apply to the Authority for the grant of
a water pollution permit in accordance with the form as
determined by the Authority.
54. No person shall release or cause to be released any water
pollutant into the environment which is in violation of any applicable
standards, conditions or permit requirements under this Act.
WASTES
55. (1) The Authority shall, as soon as practicable after the
commencement of this Act, investigate the environment
generally and such premises and vehicles as it thinks necessary
for the purposes of—
(a) ascertaining the volume and nature of wastes
which are handled and disposed into the
environment; and
(b) identifying and characterising the different
categories and the significant sources of
such wastes.
Water pollution
permits.
Prohibiting
water pollution.
Waste
management.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 37
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) The Authority shall develop and implement a
programme for the management of such wastes which may
include the registration and further characterisation of significant
sources of wastes being disposed into the environment.
56. The Authority shall as soon as practicable after the
commencement of this Act, submit to the Minister a programme to
define those wastes which should be deemed “hazardous wastes”, to
establish requirements for the handling and disposal of hazardous
wastes, to establish appropriate standards and design criteria for
hazardous waste-handling and disposal facilities, and to establish
licensing and permitting requirements with respect to such wastes.
57. (1) The Authority may require and grant a permit to
authorise any person’s waste disposal activities, or licences for
the operation of any waste-handling facility, subject to such terms
and conditions as it thinks fit.
(2) The terms and conditions of a licence under this
section may relate to the design, construction, operation,
maintenance and monitoring of any waste-handling facility.
(3) The terms and conditions of a permit under this
section may relate to a person’s handling of any waste.
(4) A person shall apply to the Authority for the grant of
such licence or permit as prescribed by Rules.
58. No person shall handle or dispose of any waste or
hazardous waste in a manner which is in violation of any
applicable licence, permit, standards, conditions or requirements
under this Act.
HAZARDOUS SUBSTANCES AND SPILLS
59. The Authority shall, as soon as practicable after the
commencement of this Act, submit to the Minister a programme
for the designation of specific hazardous substances and
performance standards and procedures for the safe handling of
such hazardous substances.
60. (1) After final designation of such specific hazardous
substances and the establishment of the performance standards
Identification of
hazardous
wastes.
Waste permits
and licences.
Waste
prohibitions.
Management of
hazardous
substances.
Hazardous
substance
prohibitions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
38 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
and procedures under section 26, a person shall not handle, or
cause to be handled by any other person through contract,
agreement or other arrangement, any hazardous substance except
in accordance with—
(a) such performance standards and procedures; or
(b) a licence or permit granted by the Authority.
(2) A person shall apply to the Authority for the grant of
a licence or permit as prescribed by Rules.
61. (1) As soon as practicable after the commencement of
this Act, and thereafter as appropriate, the Authority shall
investigate and designate categories of circumstances involving
accidental spills or other releases of pollutants, or other incidents
with respect to hazardous substances, which may present a risk to
human health or the environment.
(2) The designation of such categories by the Authority
shall be submitted for public comment in accordance with
section 28.
(3) After the final designation of any categories under
this section, any person in charge of any premises or vehicle
shall, as soon as he has knowledge of a release or other incident
referred to in this section associated with such premises or
vehicle, notify the Authority of such release or incident and
provide to the Authority—
(a) a brief description of the release or incident;
(b) an assessment of any damages or potential risks
to human health or the environment associated
with the release or incident;
(c) a description of the response measures taken
and to be taken to address and otherwise
mitigate damages or contamination resulting
from the release or incident.
(4) The Authority shall investigate and evaluate any
such release or incident as it thinks fit, and may—
(a) respond to the release or incident as authorised
under section 25; and
Notification of
spills, releases
and other
incidents.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 39
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) develop and implement appropriate
environmental programmes, standards,
conditions, permits, licences or requirements
designed to avoid such releases or incidents in
the future.
PART VI
COMPLIANCE AND ENFORCEMENT
62. For the purposes of this Part and Part VIII, “environmental
requirement” means the requirement upon a person to—
(a) comply with the procedures for the registration
of sources from which pollutants may be
released into the environment;
(b) comply with the procedures and standards with
respect to permits or licences required for any
person to install or operate any process or source
from which pollutants will be or may continue
to be released into the environment;
(c) provide in a timely manner complete and
accurate information in any required submission
to or communication with the Authority or in
response to any inspection or request for
information by the Authority;
(d) refrain from any unauthorised activities
impacting on the environment in an
“environmentally sensitive area” or with respect
to an “environmentally sensitive species”;
(e) comply with the performance standards,
procedures, licensing or permitting
requirements established for the handling of
hazardous substances;
(f) apply for and obtain a Certificate of
Environmental Clearance;
(g) comply with the conditions and mitigation
measures in any such certificate;
Environmental
requirements.
Part VIII.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
40 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(h) comply with the procedures and standards with
respect to the periodic or continual monitoring
of pollution or releases of pollutants or
conditions required under a permit or licence;
(i) provide timely and accurate notification with
respect to an accidental or unauthorised release
of a pollutant or other incident with respect to a
hazardous substance;
(j) control the release of pollutants in such a manner
as to comply with any permit or licence granted
under section 50(1), 53(1), 57(1) or 60(1);
(k) submit timely payment of required fees or
charges payable to the Authority; and
(l) comply with all other procedures, standards,
programmes and requirements in such a manner
as may be prescribed by Rules or Regulations.
63. (1) Where the Authority reasonably believes that a
person is in violation of an environmental requirement, the
Authority shall serve a written notice of violation (hereinafter
called “Notice”) on such person in a form determined by the
Board, which shall include—
(a) a request that the person make such
modifications to the activity within a specified
time, as may be required to allow the
continuation of the activity; or
(b) an invitation to the person to make representations
to the Authority concerning the matters specified
in the Notice within a specified time.
(2) Where a matter specified in the Notice may be
satisfactorily explained or otherwise resolved between the person
and the Authority—
(a) the Authority may cancel the Notice or dismiss
the matters specified in the Notice; or
(b) an agreed resolution may be reduced in writing
into a Consent Agreement.
Notice of
violation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 41
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
64. The Authority may issue an Administrative Order under
section 65 where the person—
(a) fails to make representations to the Authority
within the time specified in the Notice; or
(b) is unable to resolve with the Authority all
matters specified in the Notice.
65. (1) An Administrative Order served by the Authority
shall, where appropriate—
(a) specify details of the violation of one or more
environmental requirements;
(b) direct the person to immediately cease and
desist from the violation or specify a date for
coming into compliance;
(c) direct the person to immediately remedy any
environmental conditions or damages to the
environment arising out of the violation or
specify a date by which such remedial activities
shall be completed;
(d) direct the person to undertake an investigation
regarding any environmental circumstances or
conditions within such person’s responsibility
or control, including any release of a pollutant
into the environment or the handling of any
hazardous substance;
(e) direct the person to perform any monitoring or
record-keeping activities which may be required
under section 47;
(f) include a proposed administrative civil
assessment made by the Authority;
(g) direct a person to comply with any other
requirement under this Act.
(2) Directives contained in an Administrative Order
served upon a person shall be deemed final and conclusive
Issue of
Administrative
Order.
Administrative
Orders.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
42 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
after the expiry of twenty-eight days, unless within such period
the person—
(a) appeals the Administrative Order to the
Commission;
(b) reaches an agreement with the Authority
which is reduced in writing into a Consent
Agreement; or
(c) obtains an extension of time from the Authority
which is confirmed in writing.
(3) Any Administrative Order shall contain a notice
advising of the matters in subsection (2).
66. (1) For the purposes of sections 65 and 81(5)(d), the
Authority or the Commission may make an administrative civil
assessment of—
(a) compensation for actual costs incurred by the
Authority to respond to environmental conditions
or other circumstances arising out of the violation
referenced in the Administrative Order;
(b) compensation for damages to the environment
associated with public lands or holdings which
arise out of the violation referenced in the
Administrative Order;
(c) damages for any economic benefit or amount
saved by a person through failure to comply with
applicable environmental requirements; and
(d) damages for the failure of a person to comply
with applicable environmental requirements, in
an amount determined pursuant to subsections
(2) and (3).
(2) In determining the amount of any damages to be
assessed under subsections (1)(c) and (d), the Authority or the
Commission shall take into account—
(a) the nature, circumstances, extent and gravity of
the violation;
Administrative
civil assessment.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 43
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) any history of prior violations; and
(c) the degree of willfulness or culpability in
committing the violation and any good faith
efforts to co-operate with the Authority.
(3) The total amount of any damages under
subsection (1)(d), shall not exceed—
(a) for an individual, five thousand dollars for each
violation and, in the case of continuing or
recurrent violation, one thousand dollars per day
for each such instance until the violation is
remedied or abated; or
(b) for a person other than an individual, ten
thousand dollars for each violation and, in the
case of continuing or recurrent violations, five
thousand dollars per day for each such instance
until the violation is remedied or abated.
67. (1) The Authority may file any Consent Agreement or
final Administrative Order and an application for enforcement
with the Commission.
(2) Where an Administrative Order contains a proposed
administrative civil assessment, that assessment is not
enforceable until such time as the Commission makes an Order
determining the amount of such assessment.
68. Whenever the Authority reasonably believes that any
person is currently in violation of any environmental requirement,
or is engaged in any activity which is likely to result in a violation
of any environmental requirement, the Authority may in addition
to, or in lieu of, other actions authorised under this Act—
(a) seek a restraining order or other injunctive or
equitable relief, to prohibit the continued
violation or prevent the activity which will
likely lead to a violation;
(b) seek an order for the closure of any facility or a
prohibition against the continued operation of
Application for
enforcement.
Other actions by
the Authority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
44 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
any processes or equipment at such facility in
order to halt or prevent any violation; or
(c) pursue any other remedy which may be
provided by law.
*69. (1) Any private party may institute a civil action in the
Commission against any other person for a claimed violation of
any of the specified environmental requirements identified in
section 62, other than paragraphs (c), (d) and (l), save where—
(a) the complainant has given written notice of such
claimed violation to the Managing Director of
the Authority at least sixty days prior to the
commencement of the civil action;
(b) the complainant has served a copy of the
complaint on the Managing Director within
twenty-eight days of the date on which the
complainant was first authorised to bring such
an action.
(c) the Authority has not commenced an enforcement
action under sections 63 to 67 inclusive or through
other appropriate means available to it under
section 68 regarding such claimed violation; and
(d) the Authority has not elected to assume
responsibility for taking enforcement action
under sections 63 to 68 inclusive within sixty
days after the filing of a direct private party
action by the complainant.
(2) For purposes of this section, any individual or group
of individuals expressing a general interest in the environment or
a specific concern with respect to the claimed violation shall be
deemed to have standing to bring a direct private party action.
(3) In any such action under this section, the Authority
or the Attorney General may intervene at any time as a matter
of right.
Direct private
party actions.
* This section came into force on 1st July 2001.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 45
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
70. (1) Any person who through the release or handling of
any pollutant or hazardous substance, or the arrangement for
another person through any contract or other agreement to release
or handle any pollutant or hazardous substance, knowingly or
recklessly endangers human life or health, commits an offence,
and is liable on conviction on indictment, to a fine of one hundred
thousand dollars and imprisonment for two years.
(2) Any person who knowingly or recklessly undertakes
or conspires to allow any activity in an “environmentally sensitive
area” or with respect to an “environmentally sensitive species”
designated under section 41, which may have an adverse impact
on the environment within such area or on such species, commits
an offence and is liable, on conviction on indictment, to a fine of
one hundred thousand dollars and imprisonment for two years.
(3) A complaint for any offence under this section shall
be made within three years from the commencement of this Act,
or from the time when an action giving rise to such offence is first
discovered by the Authority.
(4) For the purposes of this section, endangerment of
human life or health means placing one or more persons in danger
of death or serious bodily injury, including unconsciousness,
extreme pain, or physical or mental impairment.
(5) Any action under this section may be in addition to
any other action taken by the Authority under this Part.
71. Where a violation of any environmental requirement has
been committed by a person (other than an individual), any
individual who at the time of the violation was a director, manager,
supervisor, partner or other similar officer or responsible individual,
or who was purporting to act in such capacity, may be found
individually liable for that violation if, having regard to the nature
of his functions in that capacity, the resources within his control or
discretion, and his reasonable ability to prevent the violation—
(a) the violation was committed with his direct
consent or connivance; or
Criminal
offence for
knowing or
reckless
endangerment.
Liability of
private and
public officials.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
46 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(b) he, with knowledge, did not exercise
reasonable diligence to prevent the commission
of the violation.
PART VII
ENVIRONMENTAL TRUST FUND AND FINANCES
72. There is hereby established an Environmental Trust Fund
which shall be used to fund the operations of the Authority and
for other purposes authorised under this Act, including—
(a) incentive measures for reducing environmental
pollution, protecting the environment and
conserving natural resources;
(b) demonstration projects of innovative
technologies which reduce pollution, or which
reduce or eliminate the use of hazardous
substances or the generation of wastes;
(c) emergency response activities to address actual
or potential threats to human health or the
environment, including remediation or
restoration of environmentally degraded sites,
containment of any wastes, hazardous
substances or other environmentally dangerous
conditions, or other appropriate precautionary
measures to prevent significant adverse effects
on human health or the environment; and
(d) public awareness and education programmes to
enhance the understanding of environmental
protection and natural resource management
issues within Trinidad and Tobago.
73. (1) Five members of the Board of Directors of the
Authority (other than the Managing Director) shall be designated
by the President to act as Trustees for the Fund and shall be
responsible for its administration.
(2) Service as a Trustee shall terminate automatically at
such time as a Trustee ceases to be a member of the Board.
Establishment
and purposes of
the Fund.
Trustees for
the Fund.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 47
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
74. The resources of the Fund shall consist of—
(a) such amounts as may be appropriated annually
or for special purposes by Parliament for the use
and operations of the Authority;
(b) such amounts which the Authority may collect as
payments for services rendered, fees due regarding
permits, applications or licences under this Act,
fees due for the review and processing of
applications for a Certificate of Environmental
Clearance and any environmental impact
assessments required under section 35, fees
charged for the reasonable cost of providing
environmental information to interested persons, or
fees due from the users of properties under the
administration and control of the Authority;
(c) such amounts which are provided to the
Authority or the Government of the Republic
of Trinidad and Tobago by foreign States,
international organisations, multilateral or
bilateral lending agencies, private individuals,
foundations, corporations or other entities to
further the objects of the Act and the National
Environmental Policy under section 18;
(d) such amounts borrowed by the Authority
consistent with section 77; and
(e) any other sums or amounts to which the Fund
may make a lawful claim.
75. (1) All monies which comprise the Fund and which do
not have to be used immediately to defray expenses as provided
for in section 78, shall be invested in such a manner as the
Trustees consider fit which is designed to preserve the principal
and achieve a reasonable rate of return and such investments
shall be approved either generally or specifically by the Board.
(2) The Trustees shall possess the authority necessary,
either directly or through authorised agents, to undertake such
Resources of
the Fund.
Investment of
Fund monies.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
48 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
investments as are authorised under subsection (1), including the
power to buy and sell such securities or other obligations as the
Board determines to be appropriate.
76. The Fund and the Authority shall be exempted from
stamp duty, corporation tax, Customs duties, value added taxes,
motor vehicle taxes, fees, charges, assessments, levies and
imposts on any income or profits or on assets which are acquired
for use by the Fund or the Authority.
77. (1) Subject to subsection (2), the Authority may borrow
any money required by it, for the efficient exercise of its
functions or for meeting its obligations.
(2) Borrowing may be effected only with the approval of
the Minister to whom responsibility for finance is assigned as to the
amount, the sources of borrowing, and the terms and conditions of the
loan, and may be either general or limited to a particular transaction
and may be either unconditional or subject to conditions.
(3) The Authority may not pledge its assets as
security for any loan without the written approval of the Minister
to whom responsibility for the environment is assigned.
(4) The Authority is a statutory authority for the
purposes of the Guarantee of Loans (Statutory Authorities) Act.
78. (1) Contributions to the Fund may be designated for
specific projects or made subject to specific conditions, in which
case such contributions shall be preserved and utilised solely for
the designated purpose. In all other instances, the trustees are
authorised to pay for any of the following matters out of the
general resources of the Fund:
(a) the operating expenses of the Authority
including the remuneration of members and
personnel thereof;
(b) the capital expenses including maintenance and
insurance of the property under the administration
and control of the Authority;
Exemption
from taxes.
Borrowing by
the Fund.
Ch. 71:81.
Use of
Fund monies.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 49
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(c) any payment toward the purchase of real
property by the Authority to further the objects
of this Act; and
(d) any other expenses which are lawfully related to
the activities of the Authority.
(2) While funding for the Authority generally shall be
processed through the Fund, the Authority also shall be
authorised to receive and utilise direct financial assistance or
other support for specific projects or activities which will not be
processed through or accounted for by the Fund, where such
method of financial management is required as a condition
established by an entity providing support to the Authority.
(3) Any sums of money recovered against the Authority
for an action of the Authority, its personnel or any Environmental
Officer acting in good faith in the course of the operations of the
Authority shall be paid out of the Fund.
79. (1) All salaries and direct expenses of the Authority
shall be paid out of the Fund or in accordance with any grant
or arrangement made with any entity providing funding for
such matters.
(2) The Authority shall cause to be kept proper accounts
and records of its transactions and financial affairs.
(3) In the event conditions attached to financial
assistance or other support for specific programmes or activities
require that such assistance or support be processed otherwise
than through the Fund, the Authority shall—
(a) maintain a proper audited accounting system; and
(b) disclose such matters in its annual report as
required under section 14.
(4) The Authority shall, not later than the first day of July in
each year prepare and submit to the Minister the estimates of revenue,
other financial resources and expenditures of the Authority for the
next financial year in such form as the Minister may direct.
Finances of
the Authority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
50 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(5) All monies collected by the Authority by way of an
administrative civil assessment under section 66 shall be
deposited with the Comptroller of Accounts for the account of the
Consolidated Fund.
80. (1) The Board may, by resolution, make rules for the
system of accounting for the finances of the Fund, consistent with
the best commercial accounting and financial standards.
(2) The Trustees shall keep proper accounts and other
records in respect of the Fund in accordance with the Exchequer and
Audit Act, and the Fund shall be audited annually by the Auditor
General or by an auditor appointed in each year by the Board of
Directors with the written consent of the Auditor General.
(3) The Trustees of the Fund shall, not later than three
months after the end of each financial year, submit to the Board
of Directors a report dealing generally with the proceedings and
policies of the Fund during the preceding financial year and also
containing financial statements and any other information
relating to the Fund and its support of activities through the
Authority as may be requested by the Board.
(4) The financial year of the Fund shall be 1st October
to 31st September in each year.
(5) The Chairman of the Board shall submit to the
Minister a copy of every report submitted under this section.
PART VIII
ESTABLISHMENT AND JURISDICTION OF
ENVIRONMENTAL COMMISSION
81. (1) A Tribunal to be known as the Environmental
Commission is hereby established for the purpose of exercising
the jurisdiction conferred upon it by this Act or by any other
written law.
(2) The Commission shall consist of a Chairman and
such other members, including a Deputy Chairman, as may be
appointed under or in pursuance of section 82.
Financial
accounting by
the Trustees.
Ch. 69:01.
Establishment
and jurisdiction
of Commission.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 51
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(3) The Commission shall be a Superior Court of record
and have an official Seal which shall be judicially noticed, and
shall have in addition to the jurisdiction and powers conferred on
it by this Act, all the powers inherent in such a Court.
(4) The Commission shall have the power to enforce its
own orders and judgments, and the same power to punish
contempts as the High Court of Justice.
(5) The Commission shall have jurisdiction to hear
and determine—
(a) appeals from decisions or actions of the Authority
as specifically authorised under this Act;
(b) applications for deferment of decisions made
under section 25 or deferment of designations
made under section 41;
(c) applications by the Authority for the
enforcement of any Consent Agreement or any
final Administrative Order, as provided in
section 67;
(d) administrative civil assessments under section 66;
(e) appeals from the designation of “environmentally
sensitive areas or environmentally sensitive
species” by the Authority pursuant to section 41;
(f) appeals from a decision by the Authority under
section 36 to refuse to issue a Certificate of
environmental clearance or to grant such a
Certificate with conditions;
(g) appeals from any determination by the
Authority to disclose information or materials
claimed as a trade secret or confidential
business information under section 23(3);
(h) complaints brought by persons pursuant to
section 69, otherwise known as the direct
private party action provision; and
(i) such other matters as may be prescribed by or
arise under this Act or any other written law
where jurisdiction in the Commission is
specifically provided.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
52 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(6) A Registrar of the Commission and such other
officers, clerks and employees as may be required to carry out the
business of the Commission shall be appointed in the manner
authorised by the law.
82. (1) The Commission shall be comprised of a full-time
Chairman, and five other members including a Deputy Chairman
each of whom may be appointed to serve in a full-time, part-time
or periodic capacity as may be required to fulfill the objects of
this Act.
(2) The Chairman and Deputy Chairman of the
Commission shall each be an Attorney-at-law of not less than ten
years standing, and shall be appointed by the President.
(3) The members of the Commission, other than the
Chairman and Deputy Chairman, shall be appointed by the
President from among such persons as appear to the President to
be qualified by virtue of their knowledge of, or experience in
environmental issues, engineering, the natural sciences or the
social sciences.
(4) All members of the Commission shall hold office
under such requirements and conditions of service and for such
term, not less than three years, as may be determined by the
President and set forth in the terms of reference at the time of
their appointment, and shall be eligible for reappointment.
(5) Notwithstanding that his term of office has expired,
any member of the Commission may, with the permission of the
President acting on the advice of the Chairman of the
Commission, continue in office for such a period after the expiry
of his term, as may be necessary to deliver judgment, or to do any
other thing in relation to proceedings that were commenced
before such member prior to the expiry of his term of office.
(6) Any member of the Commission may, at any time by
notice in writing to the President, resign his office.
(7) The President may remove from office any member
of the Commission for inability, misbehaviour or on the ground of
Constitution of
Commission.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 53
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
any employment or interest which is incompatible with the
functions of a member of the Commission.
(8) Where any member of the Commission is ill, or
otherwise unable to act, or where his office is vacant, the
President may appoint a person to act in the stead of such
member during his illness or incapability or until the office is
filled, as the case may be.
(9) No defect in the qualifications or appointment of any
member of the Commission shall vitiate any proceedings thereof.
83. (1) There shall be paid to each member of the
Commission, and to a person appointed to act in or perform the
functions of any member of the Commission, such salary or
remuneration and such allowances as may be prescribed by Order
of the President and such salary or remuneration and allowances
shall be a charge on the Consolidated Fund.
(2) Such other conditions of service shall be applicable
to the Chairman, Deputy Chairman and other members of the
commission as may be prescribed by Order of the President.
(3) The salary, remuneration, allowances and the other
conditions of service of the Chairman, Deputy Chairman and of
any other member of the Commission shall not be altered to his
disadvantage after being appointed to the Commission or during
his tenure of office.
84. (1) The jurisdiction and powers of the Commission may
be exercised by the Chairman or the Deputy Chairman and two
other members selected by the Chairman or Deputy Chairman,
for the purpose of any case or proceeding which may be brought
before the Commission.
(2) Notwithstanding subsection (1), the jurisdiction of
the Commission may be exercised with respect to—
(a) any matter, by the Chairman or Deputy Chairman
sitting alone or with one other member if the
parties consent thereto;
Salary,
allowances
and conditions
of service.
Procedure and
jurisdiction of
Commission.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
54 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(b) any matter of practice or procedure that is
contested by the parties, by the Chairman or
Deputy Chairman or any member of the
Commission who is an Attorney-at-law and is
assigned for that purpose by the Chairman of the
Commission; and
(c) any matter of practice or procedure which is
uncontested by the parties by any member of the
Commission assigned generally or specifically for
that purpose by the Chairman of the Commission.
(3) The Commission shall encourage and promote
alternative dispute resolution, being any mechanism for resolving
disputes other than by way of litigation.
(4) The jurisdiction of the Commission to punish a
contempt committed in the face or hearing of the Commission
when constituted by a single member may be exercised by that
member; in any other case, the jurisdiction of the Commission to
punish a contempt shall be exercised by a division of the
Commission consisting of at least two members, one of whom
shall be the Chairman or Deputy Chairman of the Commission.
(5) Subject to any Rules which may be made under this
section, the Commission may sit in more than one division at
such times and in such places in any part of Trinidad and Tobago
as may be most convenient for the determination of proceedings
before it.
(6) Unless Rules made under this section otherwise
provided fourteen clear days’ notice shall be given to the
appellant and to the respondent of the date fixed for the hearing
of a matter by the Commission.
(7) In the case of a direct private party action brought
under section 69, fourteen clear days’ notice shall be given to the
complainant and to the respondent, of the date fixed for the
hearing of a matter by the Commission.
(8) The Chairman of the Commission, when present, shall
preside, and, in the absence of the Chairman, the Deputy Chairman
shall preside.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 55
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(9) Any appellant, complainant or respondent may
appear before the Commission in person or may be represented
by an Attorney-at-law.
(10) The Commission, as respects the attendance and
examination of witnesses, the production and inspection of
documents, the enforcement of its orders, the entry on and
inspection of property, and other matters necessary or proper for
the due exercise of its jurisdiction, shall have all such powers,
rights and privileges as are vested in the High Court of Justice on
the occasion of an action.
(11) A summons signed by the Registrar of the
Commission shall have the same force and effect as any formal
process capable of being issued in any action taken in the High
Court for enforcing the attendance of witnesses and compelling
the production of documents.
(12) In any matter before the Commission, the
Commission may order that written arguments and a citation of
authorities be submitted to the Commission in addition to or with
the consent of the parties, in place of an oral hearing.
(13) The decision of the Commission shall be that of the
majority of the members present, but the opinion of the presiding
member shall prevail on any matter arising in the course of any
proceedings which, in his opinion, is a question of law.
(14) The decision of the Commission in any proceedings
shall be delivered by the presiding member and any member may
provide a concurring or dissenting opinion to the decision of the
Commission.
(15) The Commission may, subject to the approval of the
President, make Rules not inconsistent with this Act governing
the carrying on of its business and the practice and procedure in
connection with appeals to the Commission and other
proceedings, and the regulating of any matters relating to the cost
of proceedings before the Commission.
(16) The presiding member may, subject to the Rules of
the Commission and to this Act, determine the procedure to be
followed in any appeal or other proceedings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
56 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(17) Where by any written law there is conferred on the
Commission jurisdiction which was previously exercised by
another Court, Tribunal, authority or person (hereinafter called
the “former Tribunal”), then subject to section 85 and to any
Rules made under this section—
(a) the procedure which governed the exercise of
the jurisdiction by the former tribunal shall
continue, mutatis mutandis, to govern such
exercise by the Commission;
(b) the decisions of the Commission in relation to
such exercise are enforceable in the same way as
those of the former Tribunal; and
(c) the effect of things done in or for the purpose of
that jurisdiction by the former Tribunal shall be
preserved.
(18) The Commission may hear any case or proceeding
in camera where such procedure is reasonably required to protect
the interests of a party to the case or proceeding.
85. (1) This section applies to every appeal to the
Commission under this Act or any other written law.
(2) The appeal shall be instituted by filing with the
Registrar of the Commission a notice of appeal and serving a copy
thereof on the Secretary of the Authority or other respondent.
(3) Any appeal instituted under this section shall be filed
within twenty-eight days of the service on the person seeking to
appeal the decision of the Authority or other respondent, or
within such other time as may be prescribed by Rules made under
section 84(15).
(4) Notwithstanding subsection (3), an appeal may be
instituted out of time if the Commission is satisfied that there was
a reasonable cause for not appealing within the time limit and that
the appeal was filed thereafter without unreasonable delay.
(5) The notice of appeal shall describe the specific dispute
and specify the grounds of appeal, and shall be in such form as
may be prescribed by Rules of the Commission.
Notices of
appeal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 57
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(6) If on the hearing of the appeal the appellant desires
to go into any ground of appeal which was not specified in the
notice of appeal, and the omission of that ground from the notice
was in the opinion of the Commission not wilful or unreasonable,
the Commission shall not by reason of anything in subsection (5),
be precluded from allowing the appellant to go into that ground
or taking it into consideration.
(7) Immediately after receiving the notice of appeal, or
within such other time as may be prescribed by Regulations made
under this Act. The Authority or other respondent shall forward
to the Commission copies of all documents relevant to the
decision which is the subject of the appeal.
86. (1) The onus of proving that the decision complained of
is excessive or wrong is on the appellant.
(2) In appeals involving the Authority, there shall be a
presumption of regularity with regard to findings of fact by the
Authority, and such findings shall not be reversed unless the
appellant affirmatively demonstrates that there is no substantial
evidence supporting such findings of fact.
(3) Subject to subsection (4), the Commission may
dispose of an appeal by—
(a) dismissing it;
(b) allowing it;
(c) allowing it and modifying the decision or action
of the Authority; or
(d) allowing it and referring the decision or action
back to the Authority for reconsideration.
(4) Subject to Rules made under section 84(15), the
Commission may make an Order for the payment of costs to the
successful party in relation to the whole of the proceedings
before it, or any part thereof, including costs incurred in the
summoning and attendance of necessary witness.
(5) The decision of the commission is final on a question
of fact and the amount of any administrative civil assessment under
Hearing and
determination
of appeals.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
58 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
section 66 however, an appeal shall lie on any question of law
to the Court of Appeal upon entry of a final judgment by
the Commission.
87. (1) The appellant or the Authority or other complainant
or respondent, if dissatisfied with the decision of the Commission
as being erroneous in point of law may, within twenty-one days
after the delivery of the decision or within such other time as may
be prescribed, appeal against such decision by—
(a) filing with the Registrar a notice in writing, in
the prescribed form, identifying the specific
point or points of law alleged to be in error and
requesting the Commission to state and sign a
case for the opinion of the Court of Appeal; and
(b) serving a copy of the said notice on the Secretary
of the Authority or other respondent or appellant
in the underlying action, as the case may be.
(2) The case shall set forth the facts and the
determination of the Commission relevant to the specific point or
points of law alleged to be in error, and the party requiring it shall
transmit the case, when stated and signed, to the Court of Appeal
within twenty-one days after receiving the same.
(3) At or before the time when the party transmits the case
to the Court of Appeal, the party requiring it shall send notice in
writing of the fact that the case has been stated on his application,
together with a copy of the case, to the other party or parties.
(4) The Court of Appeal shall hear and determine any
question or questions of law arising on the case, and shall reverse,
affirm or amend the determination in respect of which the case
has been stated, or shall remit the matter to the Commission with
the opinion of the Court of Appeal thereon.
(5) The Court of Appeal may cause the case to be sent
back to the Commission for amendment on a point of law and
thereupon, the case shall be amended accordingly, and judgment
shall be delivered after it has been amended.
Statement of
case for opinion
of Court of
Appeal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 59
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
88. (1) Where the Authority has made a decision under
section 25, or a designation under section 41, an aggrieved
person may apply to the Commission for a deferment of the
decision or designation on the grounds that it is unreasonable
having regard to all the circumstances of the case, and the
Commission may make an Order for such deferment.
(2) An application for deferment under subsection (1),
may be made whether or not an appeal against the decision or
designation was filed at the time of the making of the application,
save however, that the appeal shall be filed in accordance with
the provisions of section 85.
(3) Where an appeal is not filed in accordance with
section 85, an Order for deferment made under this section shall
lapse at the expiry of the time for the filing of the appeal.
(4) On the determination of an appeal against the
decision of, or designation by the Authority, the Commission
may discharge the Order for deferment.
89. (1) This section shall apply to every direct private party
action brought pursuant to section 69.
(2) The Commission shall not have jurisdiction over any
private party action unless the complainant has given proper
notice to the Authority of not less than sixty days before bringing
such action as required under section 69.
(3) A direct private party action shall be instituted by
filing a complaint with the Registrar of the Commission and
serving a copy thereof on the respondent and the Secretary of the
Authority, within twenty-eight days of the date on which the
complainant is first authorised to bring such an action.
(4) Notwithstanding subsection (3), a complaint may be
instituted out of time if the Commission is satisfied that there was
a reasonable cause for not bringing the complaint within the time
limit and that the complaint was filed thereafter, without
unreasonable delay.
Order for
deferment.
Direct private
party action.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
60 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(5) The complaint shall specify those provisions of this
Act allegedly violated by the respondent, and subject thereto, the
complaint shall be in such form as may be prescribed.
(6) The complainant may amend his complaint only by
leave given by the Commission or by written consent of the
respondent, but leave shall be given freely when justice so requires.
(7) At any time within sixty days after the filing of a direct
private party action, the Authority may assume responsibility for
taking enforcement action against the respondent by—
(a) pursuing the action before the Commission;
(b) issuing an Administrative Order or entering a
Consent Agreement and Final Order addressing
the violation pursuant to sections 64 to 66
inclusive; or
(c) pursuing other appropriate means of addressing
the violation available to the Authority under
this Act.
(8) In any instance where the Authority assumes
responsibility for an enforcement action under subsection (7)(b)
or (c), the Authority may seek dismissal without prejudice to the
case before the Commission, in which case the Commission shall
upon dismissal award costs to the complainant, and the Authority
shall bear responsibility for payment of complainant’s costs.
(9) The onus of proving that the allegations of the
complaint are well-founded is on the complainant.
(10) The Commission may dispose of a complaint by—
(a) dismissing it;
(b) allowing it and issuing such an order as would
have been appropriate had the Authority taken
action pursuant to sections 64 to 67 inclusive; or
(c) allowing it and referring the decision back to the
Authority for reconsideration.
(11) The decision of the Commission is final on a question
of fact; however, an appeal under section 87 shall lie on any
question of law to the Court of Appeal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 61
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
90. The President may make Regulations generally for
carrying out the provisions of this Part.
PART IX
MISCELLANEOUS
91. Service upon the Authority of any notice, order or other
document shall be effected by delivering the same, or by sending
it by registered post addressed to the Secretary, at the office of
the Authority.
92. The Authority may institute proceedings or otherwise be a
party in any legal proceedings arising out of or in the course of the
operation of this Act before the Commission or any other Court.
93. (1) The Attorney General shall have the power to
intervene in any proceeding before the Commission as the official
representative of the Government of Trinidad and Tobago.
(2) Where the Authority is a party in a case in which the
Attorney General intervenes as authorised in subsection (1), the
Authority may continue to be represented by its own Attorney-at-law.
94. (1) If any representative of the Authority, including any
member of the Board, Trustee for the Fund, employee of the
Authority or Environmental Officer, directly or indirectly
demands or accepts any fee, perquisite, bribe, gratuity,
recompense or reward, whether pecuniary or otherwise, from
any person on account of anything done or to be done (or omitted
or to be omitted) by such representative in any way relating to his
office or employment, or if any representative attempts to make
any collusive agreement to neglect his duty or to conceal or
connive at any act whereby any provision of this Act or any other
law may be evaded or violated, such representative commits an
offence and is liable, on summary conviction, to a fine of ten
thousand dollars and imprisonment for six months.
(2) Every person who offers or provides to any
representative of the Authority, including any member of the Board,
Regulations
for the
Commission.
Service of
documents on
the Authority.
Legal
proceedings.
Intervention by
the Attorney
General.
Ethical
standards and
prohibitions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
62 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
Trustee for the Fund, employee of the Authority or Environmental
Officer, any fee, perquisite, bribe, gratuity, recompense or reward,
whether pecuniary or otherwise, on account of anything done or to
be done (or omitted or to be omitted) by such representative in any
way relating to his office or employment, or attempts to make any
collusive agreement for any such representative to neglect his duty
or to conceal or connive at any act whereby any provision of this
Act or any other law may be evaded or violated, commits an offence
and is liable, on summary conviction, to a fine of ten thousand
dollars and imprisonment for six months.
95. (1) Where any member of the Board, as well as any
Trustee for the Fund, employee of the Authority or
Environmental Officer, has any actual or reasonably perceived
interest in a matter which would otherwise come before such
individual as part of the consideration or other action to be taken
by the Authority, whether such interest is direct or indirect or
arises because of a potential financial interest or an immediate
family relationship, such member of the Board, employee or
Environmental Officer shall declare the nature of such interest at
the first practicable opportunity.
(2) In any instance which arises under subsection (1),
such member of the Board, employee or Environmental Officer
shall not vote or otherwise participate in the decision-making
process, or attempt to influence in any way the decision or action
taken or to be taken by the Authority, with respect to such matter.
(3) If any action has already been taken by the Board or
the Authority before such interest has been identified or
disclosed, the action taken shall be subject to reconsideration by
the Board or the Authority.
(4) Any member of the Board, employee of the
Authority or Environmental Officer who knowingly violates the
requirements of this section, commits an offence and is liable, on
summary conviction, to a fine of five thousand dollars.
96. (1) The Minister may make Regulations prescribing
matters required or permitted by this Act to be prescribed,
or necessary or convenient for carrying out or giving effect to
this Act.
Conflict of
interest.
Regulations.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Management Chap. 35:05 63
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) Without limiting the generality of subsection (1),
the Minister shall have power to prescribe—
(a) the amount of charges and fees payable to the
Authority for or in relation to applications,
licences, permits or for the provisions of
services or materials provided by the Authority
to any person;
(b) the amount of any other charges or fees which
may be specified in any programme developed
by the Authority to encourage protection and
conservation of the environment;
(c) the manner of implementing policies and
programmes referred to in section 16(1)(b).
(3) Regulations under this section may prescribe
specific offences under this Act and provide that any person
committing such an offence is liable, on summary conviction, to
a fine of not more than twenty thousand dollars and
imprisonment of not more than one year.
97. Notwithstanding the repeal of the Environmental
Management Act, 1995 by this Act (hereinafter referred to as the
“Former Act”) all acts and things done or omitted to be done under
the Former Act shall, notwithstanding any law to the contrary, be
deemed to have been lawfully done under this Act, as if this Act had
been in force at the commencement of the Former Act and all legal
proceedings pending and all decisions issued or taken or in force at
the commencement of this Act, shall continue to have full force and
effect as if commenced, made or issued under this Act.
Validation of
acts or
omissions.
3 of 1995.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
64 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
SUBSIDIARY LEGISLATION
CERTIFICATE OF ENVIRONMENTAL
CLEARANCE RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
3. Application for Certificate.
4. Processing of application.
5. Preparation of TOR.
6. Determination of application.
7. Issue and refusal of Certificate.
8. National Register.
9. Public access to Certificate information.
10. Standards for preparation of EIA.
11. Transfer of Certificate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Environmental Management Chap. 35:05 65
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
CERTIFICATE OF ENVIRONMENTAL
CLEARANCE RULES
made under section 26(h) and after compliance with
sections 27 and 28
1. These Rules may be cited as the Certificate of
Environmental Clearance Rules.
2. In these Rules—
“Act” means the Environmental Management Act;
“applicant” includes an agent and an attorney appointed under a
duly registered Power of Attorney;
“application” means an application for a Certificate made under
section 35(2) of the Act;
“Authority” means the Environmental Management Authority
established under section 6(1) of the Act;
“Certificate” means a certificate of environmental clearance
issued under section 36(1) of the Act;
“designated activity” means an activity listed in the Schedule to
the Certificate of Environmental Clearance (Designated
Activities) Order;
“effects” includes direct and indirect, secondary, cumulative,
short, medium and long term, permanent, temporary,
positive, negative and synergistic effects;
“EIA” means an environmental impact assessment;
“notice” means a notice in accordance with the form determined
by the Authority;
“Order” means the Certificate of Environmental Clearance
(Designated Activities) Order;
“recipient” means the Authority, TCPD and a person mentioned
in rule 3(2)(b);
“Register” means the National Register of Certificates of
Environmental Clearance established under rule 8;
“Registrar” refers to the Registrar of Companies under the
Companies Act;
104/2001.
Citation.
Interpretation.
Sub. Leg.
Sub. Leg.
Ch. 81:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance Rules[Subsidiary]
66 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
“TCPD” means the entity responsible for town and
country planning;
“TOR” means terms of reference for an EIA.
3. (1) An application for a Certificate shall be in Form A
and shall, subject to subrule (2), be submitted to the Authority
together with the prescribed fee.
(2) An application shall be submitted—
(a) to TCPD in respect of a designated activity
constituting a development requiring express
grant of permission under the Town and Country
Planning Act; or
(b) subject to paragraph (a), to a person appointed
as recipient of applications by the Authority by
notice published in the Gazette.
(3) An application submitted under subrule (2) shall be
forwarded by the recipient to the Authority not later than five
working days after its receipt.
(4) The application shall contain—
(a) the name and business address of the applicant;
(b) an identification of the designated activity as set
out in the Schedule to the Order; and
(c) the location of the proposed activity.
(5) The following information shall be supplied by the
applicant in support of his application:
(a) the purpose and objectives of the activity;
(b) a description of the site and the areas likely to
be affected by the proposed activity;
(c) the size and scale of the activity including
capacity, throughput, land space and covered
areas;
(d) a description of the activity explaining—
(i) the types of processes and equipment or
machinery to be involved;
Application for
Certificate.
Form A.
Ch. 35:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance Rules [Subsidiary]
Environmental Management Chap. 35:05 67
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(ii) the type, quantity and sources of input
materials;
(iii) the quantity and destination of any by-
products, including any waste;
(iv) the modes of transportation that will be
used to carry out the proposed activity
and the potential effects of such
transportation;
(v) the volume of intermediate and final
products; and
(vi) the frequency or rate of extraction with
respect to use of natural resources;
(e) the expected life of the activity;
(f) the proposed schedule of actions from
preparatory work to start-up and operation;
(g) such maps, plans, diagrams, photographs, charts
and other illustrative or graphic material as may
facilitate understanding of the information
presented and the nature of the site.
(6) Where the applicant is a company, the applicant
shall supply the Authority with a Registrar’s Certificate furnished
by the Registrar of Companies under section 486(1)(b) of the
Companies Act stating that the name of the company is on the
Companies Register.
(7) The applicant may, in the application assert a claim
that any of the information to be supplied under subrule (5) is a
trade secret or confidential business information, and the applicant
may request that such information be omitted from the Register.
(8) The Authority may reject the claim under subrule (7)
for the reason—
(a) that the applicant has not disclosed the basis for
the claim;
(b) that the basis disclosed is invalid; or
Ch. 81:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance Rules[Subsidiary]
68 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(c) that the public interest in disclosing the
information clearly outweighs any prejudice to
the applicant.
4. (1) The Authority shall, within ten working days after
receipt of an application under rule 3(1) or 3(3) issue to the applicant
a notice acknowledging receipt of the application and it shall—
(a) notify the applicant that the application does not
relate to a designated activity and accordingly,
does not require a Certificate;
(b) request further information of the applicant as
prescribed in rule 3(5);
(c) notify the applicant that an application requires
a CEC but does not require an EIA;
(d) notify the applicant that an EIA is required in
compliance with a TOR;
(e) notify the applicant that the claim for
confidentiality of information is upheld or
rejected and the reason therefor.
(2) The rejection of a claim under rule 3(8) is subject to
appeal to the Environmental Commission.
5. (1) Where the Authority determines that an EIA is
required, the Authority shall within twenty-one working days
after the date of the notification under rule 4(1)(d)—
(a) consult with the applicant on the preparation of
the proposed TOR;
(b) prepare the draft TOR; and
(c) notify the applicant in writing that the draft
TOR is ready for collection at the Authority’s
offices upon payment by the applicant of the
prescribed charge.
(2) The applicant shall, where appropriate, conduct
consultations with relevant agencies, non-governmental
Processing of
application.
Preparation of
TOR.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance Rules [Subsidiary]
Environmental Management Chap. 35:05 69
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
organisations and other members of the public on the draft TOR
and may, within twenty-eight days after notification under
subrule (1)(c), submit written representations to the Authority
requesting that the draft TOR be modified and setting out—
(a) the manner in which he proposes that the TOR
should be modified;
(b) a reasoned justification for the proposed
modifications; and
(c) a report of the consultations with relevant
agencies, non-governmental organisations and
other members of the public on the draft TOR.
(3) The Authority shall consider any written
representations and the prescribed information submitted by the
applicant pursuant to subrule (2) and shall finalise the TOR as it
sees fit, and issue the final TOR to the applicant within ten
working days after the expiry of the period specified for the
submission of written representations in subrule (2).
6. (1) Subject to subrule (2) the Authority shall notify
the applicant in writing of its determination with respect to a
Certificate which—
(a) does not require an EIA, within thirty working
days after the date of acknowledgement of the
receipt of the application under rule 3(1) or
rule 3(3), or within thirty working days after the
receipt of further information requested under
rule 4; and
(b) requires an EIA within eighty working days
after the submission of the EIA Report.
(2) Where the Authority considers that it will be unable
to make a determination within a period specified in subrule (1)
it shall, before the expiry thereof, notify the applicant in writing
of an extended date by which the determination will be made and
the reasons therefor.
Determination
of application.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance Rules[Subsidiary]
70 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
7. (1) A determination with respect to a Certificate includes—
(a) the issue of a Certificate in accordance with the form
as determined by the Authority which shall include—
(i) an identifying number;
(ii) the date from which the Certificate is
effective;
(iii) the information, in the application
mentioned in rule 3(4);
(iv) the mitigation measures that the applicant
is required to undertake;
(v) a condition that if the activity for which
the Certificate is granted has not
commenced within three years after the
effective date, the Certificate shall cease
to have any validity, force or effect;
(vi) other terms and conditions as the
Authority sees fit; and
(vii) a reminder to the applicant of his right of
appeal to the Environmental Commission
against a decision to grant a Certificate
with conditions; or
(b) the issue of a notice of refusal to issue a Certificate
which shall set out the reasons for refusal and a
reminder to the applicant of his right of appeal to
the Environmental Commission against a decision
to refuse to issue a Certificate.
(2) The applicant shall cause the certificate to be
displayed in public view at the place from which the applicant
carries on the designated activity for which the Certificate was
issued.
8. (1) The Authority shall establish a National Register of
Certificates of Environmental Clearance.
(2) Subject to subrule (3), the Authority shall enter in the
Register the details and status of every—
(a) application, including the information supplied
under rule 3(5);
Issue and
refusal of
Certificate.
National
Register.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance Rules [Subsidiary]
Environmental Management Chap. 35:05 71
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) application for a transfer under rule 11;
(c) Certificate, including the appropriate mitigation
measures, other terms and conditions subject to
which it is issued and transfers approved by the
Authority under rule 11;
(d) refusal to issue a Certificate and the reasons for
refusal; and
(e) refusal to grant a transfer of a Certificate.
(3) The Authority shall omit from the Register any
information which the applicant claims under rule 3(7) should be
treated as a trade secret or confidential business information where—
(a) the Authority does not contest the claim; or
(b) the Authority rejects the claim but the claim is
upheld on appeal pursuant to rule 4(2).
9. (1) The Register shall be open to examination by
members of the public at such place or places and during such
times as the Authority may notify from time to time in the
Gazette and in one or more daily newspaper of general
circulation.
(2) An extract from the Register shall be supplied at the
request of any person on payment of the prescribed fee.
10. An EIA required by the Authority under section 35(4) of
the Act shall be carried out by persons with expertise and
experience in the specific areas for which information is required
and may, where appropriate include the following information:
(a) a non-technical summary of the findings of the
assessment comprising the key issues, a brief
evaluation of the potential effects and hazards
of the proposed activity and the measures and
recommendations proposed for addressing the
findings of the evaluation;
(b) a description of the existing ecological and other
characteristics and conditions of the site and
areas likely to be affected by the proposed
Public access
to Certificate
information.
Standards for
preparation of
EIA.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance Rules[Subsidiary]
72 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
activity, with relevant information about the
land use requirements during the various phases
of the activity;
(c) illustrative materials where appropriate,
including maps and photographs;
(d) a description of the activity giving adequate and
concise information on—
(i) the characteristics of the processes and
methods proposed;
(ii) the design, size, scale and capacity;
(iii) equipment and machinery to be involved;
(iv) source, nature and quantity of materials to
be used;
(v) rates of extraction; and
(vi) the estimated type and quantities of
expected emissions, residues, wastes,
noise, light, vibrations, heat, and radiation
to air, water and soil during the various
phases of the activity;
(e) an identification and assessment of the main
effects that the activity is likely to have on the
components of the environment, including:
(i) human beings;
(ii) fauna;
(iii) flora;
(iv) soil;
(v) water—surface and ground;
(vi) air;
(vii) the coast and sea;
(viii) weather and climate;
(ix) the landscape;
(x) the interaction between any of the
foregoing;
(xi) material assets;
(xii) the cultural heritage;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance Rules [Subsidiary]
Environmental Management Chap. 35:05 73
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(f) an evaluation of the alternatives to the activity,
giving consideration to concerns of
environment, alternative sites, designs,
approaches and processes;
(g) an account of the assessment of the methods used
and the level of uncertainty of any predictions;
(h) an account of the measures proposed to avoid,
reduce, mitigate or remedy any of the significant
adverse effects identified;
(i) an identification of the potential hazards and an
assessment of the level of risk that may be caused
by the proposed activity and an account of the
measures envisaged to address any environmental
emergencies that may result from the activity;
(j) a description of the programme proposed for
monitoring actual impacts and the effects of
the mitigation measures at the various stages
of the activity;
(k) the data and methods used to obtain the
information in paragraph (e).
11. (1) The Authority may, on an application by a person to
whom a Certificate has been issued, transfer the Certificate.
(2) The Authority shall not approve an application under
subrule (1) unless the application is in respect of the designated
activity to which the Certificate applies.
(3) An application for a transfer shall be in accordance
with the form as determined by the Authority and shall be
submitted to the Authority together with the prescribed fee.
(4) An application for a transfer shall contain—
(a) the name and address of the transferee; and
(b) the signatures of the transferee and the applicant.
(5) An application for a transfer shall be accompanied by
the Certificate which is to be transferred.
Transfer of
Certificate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance Rules[Subsidiary]
74 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(6) Where the transferee is a company, an application
for a transfer shall be accompanied by a Certificate furnished by
the Registrar of Companies under section 486(1)(b) of the
Companies Act stating that the name of the company is on the
Companies Register.
(7) Where the Authority approves an application under
subrule (1), the Authority shall—
(a) endorse the Certificate submitted under
subrule (5);
(b) substitute the name of the applicant on the
Certificate for that of the transferee; and
(c) date the application.
(8) The applicant shall be deemed to be the person to
whom the Certificate applies from the date specified in
subrule (7)(c).
Ch. 81:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Environmental Management Chap. 35:05 75
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
NOISE POLLUTION CONTROL RULES
ARRANGEMENT OF RULES
RULE
1. Citation and Application.
2. Interpretation.
3. Register of Noise Pollutants.
4. Noise Zones.
5. Prescribed standards.
6. Sound level pressure measurement.
7. Exempt activities.
8. Public entertainment warning sign.
9. Requirement to apply for a variation.
10. Application for a variation.
11. Further information.
12. Incomplete applications.
13. Determination of application.
14. Noise Advisory Council.
15. Duration of a variation.
16. Conditions of a variation.
17. Changes after grant of a variation.
18. Transfer of a variation.
19. Renewal of a variation.
20. Revocation of a variation.
21. Procedure for the revocation of a variation.
22. Notification of decisions of the Authority.
23. Appeals to the Commission.
24. Noise Variation Register.
25. Trade secrets and confidential business information.
26. Emergency procedure.
27. Saving.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
76 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
NOISE POLLUTION CONTROL RULES
made under sections 26(a),(b),(j),(k), 49, 51 and 81(5)(i)
1. (1) These Rules may be cited as the Noise Pollution
Control Rules.
(2) These Rules do not apply to sounds generated by
nature without human intervention.
2. In these Rules—
“Act” means the Environmental Management Act;
“agricultural” means any land used for horticulture, fruit
growing, seed growing, dairy farming, cane farming, the
breeding and keeping of livestock, grazing, market gardens
and nursery grounds, and the use of land for woodlands;
“applicant” includes an agent or an Attorney appointed under a
duly registered Power of Attorney;
“Authority” means the Environmental Management Authority
established under section 6(1) of the Act;
“background sound pressure level” means—
(a) the composite of sounds from all natural sources;
(b) sounds generated by activities forming part of
the ordinary living conditions of an area,
but does not include sounds from a source or sources under
investigation or study, or sounds that are not considered as
part of ordinary living conditions;
“Board” means the Board of Directors of the Authority appointed
under section 6 of the Act;
“Commission” means the Environmental Commission
established under section 81 of the Act;
“emergency” means any situation arising from events beyond the
reasonable control of any person that requires immediate
corrective action to restore normal operation, and causes a
facility to breach a variation condition or to emit a sound
greater than the prescribed standards;
60/2001.
[93/2001].
Citation and
Application.
Interpretation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 77
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
“environmentally sensitive area” means a portion of the
environment so designated under section 41 of the Act;
“equivalent continuous sound pressure level” means that value of
the “A” weighted sound pressure level of the sound as
measured at a specific location averaged over a continuous
30-minute period, except in rule 9 where the period of
measurement is 3 hours, when measured using an
integrated-averaging sound level meter that complies with
the requirements as specified in the Second Schedule and
when measured in accordance with the Second Schedule;
facility” means any location within the environment, and any
premises, vehicles, building, process, equipment,
development or natural or man-made structure at such
location, from or which noise pollutants are emitted;
“general area” means all of Trinidad and Tobago except
environmentally sensitive areas and industrial areas;
“grantee” means a person to whom a variation has been granted;
“industrial area” means an area expressly approved for industry
by a competent governmental entity;
“industry” includes any business, trade, service or calling;
“instantaneous unweighted peak sound pressure level” means that
value of the unweighted peak sound pressure level of a sound
as measured at a specific location when measured using an
integrated-averaging sound level meter that complies with the
requirements as specified in the Second Schedule and when
measured in accordance with the Second Schedule;
“Local Authority” means a Council of a Municipal Corporation
within the meaning of the Municipal Corporations Act;
“Noise Variation Register” means the register established by the
Authority pursuant to rule 25;
“noise zones” means a noise zone set out in rule 4;
“notice” means a notice in accordance with the form determined
by the Authority;
Second
Schedule.
Second
Schedule.
Ch. 25:04.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
78 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
“premises” means any location within the environment, and any
facility, building process, equipment, development, or
natural or man-made structure at such location, from which
or on which noise pollutants may be released;
“prescribed fees” means the fee prescribed in the Noise Pollution
Control (Fees and Charges) Regulations, 2000;
“prescribed standard” means the maximum permissible sound
pressure levels as specified in the First Schedule;
“property line” means a vertical plane which determines the
property boundaries in space;
“Register” means the register of noise pollutants established
under section 49(2) of the Act;
“sound amplifying equipment” means any machine or device for
the amplification of the human voice, music or any other
sound, or by which the human voice, music or any other
sound is amplified;
“sound level meter” means an instrument including a
microphone, an amplifier, and indicating device having a
declared performance and designed to measure a frequency-
weighted and time-weighted value of the sound pressure
level, and with integrated-weighted averaging capability as
defined by the Authority;
“sound pressure level” means that quantity which is used as a
measure of the level of the sound at a specific location and
is expressed as the equivalent continuous sound pressure
level in the unit of dBA and/or the instantaneous unweighted
(peak) sound pressure level in the unit of dB;
“source” means a machine, device or person which creates
sounds whether fixed, motionless or moving;
“Tobago House of Assembly” means the Tobago House of
Assembly referred to in section 141A of the Constitution;
“variation” means a variation from the prescribed standard;
“vehicle” means any form of conveyance or transportation from
which noise pollutants may be released.
Sub. Leg.
First Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 79
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
3. (1) The Register shall be in the form determined by
the Authority.
(2) The Authority shall maintain the Register in
accordance with section 49 of the Act.
4. For the purposes of these Rules, Trinidad and Tobago
comprises the following noise zones:
(a) Zone I—Industrial areas;
(b) Zone II—Environmentally sensitive areas;
(c) Zone III—The general area.
5. (1) Subject to any variation, the prescribed standards
shall apply to areas within the noise zones.
(2) Subject to any variation, no person shall emit or
cause to be emitted any sound that causes the sound pressure
levels to be greater than the prescribed standards.
6. (1) Sound pressure level shall be measured at the
property line of—
(a) the property of the person affected by the
sound; or
(b) the property where the source of the sound
is located.
(2) Where the sound pressure level at (1)(a) is different
from that at (1)(b) the latter shall be used to determine whether
there has been an infraction of these Rules.
(3) Measurement of sound pressure level and reporting
of sound pressure level measurement data shall be in accordance
with the Second Schedule and the Third Schedule respectively.
7. Sounds from the following activities are exempt from the
prescribed standards:
(a) religious events and activities without the use of
sound amplifying equipment when conducted
between 6.00 a.m. and 11.00 p.m. of the same
day and of a duration of no more than 5 hours;
Register of
Noise
Pollutants.
Noise Zones.
Prescribed
standards.
First Schedule.
Sound level
pressure
measurement.
Second and
Third
Schedules.
Exempt
activities.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
80 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(b) sporting events and activities without the use of
sound amplifying equipment when conducted
between 8.00 a.m. and 9.00 p.m. of the same day
and of a duration of no more than 5 hours;
(c) educational instruction, educational classes and
recreation in schools or other educational
institutions being a school within the meaning
of section 2 of the Education Act, when between
7.00 a.m. and 9.00 p.m. of the same day;
(d) public march, meeting, procession and
gatherings if approved in accordance with the
Summary Offences Act;
(e) any alarm or emergency device, apparatus or
equipment when triggered in event of an
emergency for a continuous period of not more
than eight (8) hours;
(f) sound associated with the installation, repair or
replacement of public utilities in a public place
between the hours of 7.00 a.m. and 11.00 p.m.
of the same day;
(g) emergency work required to be performed either
before a period of public emergency or after a
period of public emergency, to protect persons
or property from exposure to danger or hazards,
including the restoration of public utilities or
other public services following a storm,
earthquake, accident or other like occurrence;
(h) warning devices for the protection of the public,
including police, fire, ambulance, automobile
horns, vehicle alarm devices when used for the
purpose of warning;
(i) activities of the armed forces conducted in the
course of duty;
(j) the use of motor-operated garden equipment
such as lawn mowers, brush cutters, edge
trimmers, mist-blowers, leaf-blowers and power
Ch. 39:01.
Ch. 11:02.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 81
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
tools (whether electrically, pneumatically or
other non-manually operated) for the general
repair and maintenance of property which
require the constant presence of an operator for
normal use, where such use is conducted
between the hours of 7.00 a.m. and 7.00 p.m. of
the same day manually operated grass cutters
which can be operated from 4.30 a.m. to 7.00
p.m. on the same day;
(k) construction activity when conducted on a
construction site between the hours of 7.00 a.m.
and 7.00 p.m. of the same day;
(l) use of agricultural machinery and equipment
on agricultural lands between the hours of
4.30 a.m. and 7.00 p.m. of the same day;
(m) testing of emergency alarms, devices and
equipment when conducted between the hours of
8.00 a.m. and 4.00 p.m. of the same day and for a
continuous period of not more than five minutes.
8. (1) Where the sound pressure level in any place of
public entertainment is greater than—
(a) an equivalent continuous sound pressure level
of one hundred dBA over a measurement period
of three hours; or
(b) an instantaneous unweighted peak sound pressure
level of one hundred and twenty dB (peak),
the owner or person responsible for the place of public
entertainment shall paint or place and fix upon the outside of such
place in letters publicly visible and legible, a sign stating,
“WARNING: SOUND LEVEL MAY CAUSE ADVERSE
EFFECT TO HUMAN HEALTH AND WELL-BEING”.
(2) Measurement of the sound pressure level in a place
specified in subrule (1) shall be made—
(a) in accordance with the Second and
Third Schedules;
Public
entertainment
warning sign.
Second and
Third
Schedules.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
82 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(b) inside the place; and
(c) at a point that is normally occupied by a
customer or patron.
(3) This Rule does not exempt an activity or event that
is conducted in a place of public entertainment from the
prescribed standards.
9. (1) Subject to subrule (3) where a person proposes to
conduct an activity or an event that will cause sound in excess of
the prescribed standards, that person shall submit an application
to the Authority for a variation.
(2) Where, in the operation of a facility, a person causes
sound in excess of the prescribed standards, the Authority may at
any time notify that person to submit an application for a
variation. Provided however, that the operation of the facility
shall be allowed to continue until final determination of an
application for a variation.
(3) Where the operator of a facility wishes to permit a
person under subrule (1) to conduct, in that facility, an event or
an activity that will cause sound in excess of the prescribed
standards, the operator of the facility shall submit an application
to the Authority for a variation in accordance with rule 10(1).
(4) Notwithstanding anything to the contrary in these
Rules, where a person emits a sound in a noise zone within the
prescribed standards for that noise zone but which results in the
creation of a sound in excess of the prescribed standards in an
adjoining noise zone, the Authority may notify that person to
submit an application for a variation.
(5) A person granted a variation shall be required to pay
annual fees prescribed by the Minister where such variation is for
a period in excess of a calendar year.
10. (1) An application for a variation with respect to an
event or activity shall —
(a) be submitted at least four weeks before the date
of the event or activity;
Requirement to
apply for a
variation.
Application for
a variation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 83
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) be in accordance with the form as determined by
the Authority;
(c) be submitted to the Authority together with the
prescribed fee;
(d) be placed in one national daily newspaper in a
form prescribed by the Authority for a period of
at least two (2) consecutive days and at least one
calendar week before the submission of the
application for a variation;
(e) be in respect of one event or activity;
(f) include the following information:
(i) name and address of the applicant;
(ii) map or plan detailing the location of the
event or activity;
(iii) the proximity of the event or activity to
residential areas;
(iv) information as to whether the sound would
be recurrent, intermittent or constant;
(v) an account of the proposed measures to be
taken to avoid, mitigate or remedy any
excessive emission of sound;
(vi) nature and purpose of event or activity
that may generate the sound;
(vii) proposed date, time and duration of the
event or activity; and
(viii) any other information deemed necessary
by the Authority.
(2) An application for a variation with respect to a
facility shall—
(a) be submitted within ten working days after the
owner or operator receives notice under rule 9(2);
(b) be placed in one national daily newspaper in a
form prescribed by the Authority for a period of
at least two (2) consecutive days and at least one
calendar week before the submission of the
application for a variation;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
84 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(c) be in accordance with the form as determined
by the Authority, together with the prescribed
fee; and
(d) be in respect of multiple sources of noise
pollutants in one facility;
(e) include the following information:
(i) name and address of the applicant,
company name or corporate name, name
of directors if any and the position of
the applicant;
(ii) map or plan detailing the location of
the facility;
(iii) the proximity of the facility to
residential areas;
(iv) information as to whether the sound will
be recurrent, intermittent or constant;
(v) an account of the proposed measures to be
taken to avoid, mitigate or remedy any
excessive emission of sound;
(vi) nature of the process that generates
the sound;
(vii) time of emission of the sound; and
(viii) any other information deemed necessary
by the Authority.
11. (1) The Authority may, during the determination of an
application under these Rules, request oral information or
additional written information from—
(a) an applicant;
(b) a person who is directly affected by the
application;
(c) a Local Authority, any agency of the Tobago
House of Assembly or any other Government
entity; or
(d) any source the Authority considers appropriate.
Further
information.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 85
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) Where the Authority receives information under
subrule (1)(b), (c) or (d) the Authority shall—
(a) forward to the applicant copies of such
information; and
(b) request the applicant to submit a response
within a specified time.
(3) Where during the determination of an application
under these Rules the applicant becomes aware—
(a) that in an application or in a report to the Authority
the applicant has failed to submit any relevant facts
or has submitted incorrect information; or
(b) that there is any change affecting the accuracy
of any information provided to the Authority,
the applicant shall within five working days, notify and submit to
the Authority the relevant facts and correct information.
12. (1) Where the Authority considers that the applicant has
omitted to provide any of the information required under these
Rules, the Authority shall notify the applicant in writing of the
omission within ten working days of receipt of the application
and shall request the applicant to submit the omitted information
within a specified time.
(2) The Authority may, at the request of the applicant
allow an extension of the time limit prescribed in subrule (1) or
rule 11(2).
(3) Without prejudice to the generality of rule 13(1),
where the applicant does not supply the information under subrule
(1) or rule 11(2)(b)within the time specified by the Authority under
subrule (1) or (2), the Authority shall refuse to grant a variation.
13. (1) Subject to subrule (2), the Authority shall—
(a) within ten (10) days of receipt of a completed
application under rule 10(1) grant or refuse to
grant a variation;
Incomplete
applications.
Determination
of application.
[93/2001].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
86 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(b) within six (6) weeks of receipt of a completed
application under rule 10(2) grant or refuse to
grant a variation.
(2) Where the applicant under rule 10 submits further
information under rule 11(2), 11(3) or 12 the Authority shall grant or
refuse a variation within six weeks of receipt of such information.
14. The Board shall appoint an Advisory Council, referred to
as the Noise Advisory Council, which may advise the Authority
on the granting of variations.
15. Unless previously revoked by the Authority, a variation
shall be effective until a fixed date or for a fixed period specified
in the variation but for a period of not more than five (5) years.
16. (1) The Authority may establish maximum permissible
sound pressure level in a variation.
(2) The Authority shall establish in each variation,
conditions which may include but shall not be limited to the
following requirements:
(a) that the grantee shall take all reasonable steps to—
(i) avoid all adverse environmental impacts
which could result from the event, facility
or activity;
(ii) minimize the adverse environmental
impact where the avoidance is impractical;
(iii) mitigate the impact where the impact
cannot be avoided;
(b) that the grantee shall conduct monitoring of the
conditions of the variation in accordance with
the methods specified in the variation;
(c) that the grantee shall at all times properly operate
and maintain all systems of control which are
installed to achieve compliance with the variation
inclusive of best management practices;
Noise Advisory
Council.
Duration of
a variation.
Conditions of
a variation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 87
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(d) that the grantee shall furnish the Authority with
any information which the Authority may
request to determine whether cause exists for
revoking or renewing the variation or to
determine compliance with the variation;
(e) that the grantee shall report all instances of
anticipated non-compliance to the Authority and
shall give advance notice to the Authority of any
planned changes in the event or activity or
operation of a facility which may result in non-
compliance with the variation requirements;
(f) that the grantee may be required to place with
the Authority, a bond of a specified amount
as prescribed by the Authority which may
be forfeited by the Authority if any of the
conditions specified in the granting of the
variation are violated;
(g) the period during which the variation would be in
operation both in terms of hours, days or years;
(h) that, where appropriate, the grantee may be
required to provide notice to persons living in
the vicinity of the source of the sound;
(i) sound abatement measures stipulated by the
Authority; and
(j) that where there has been non-compliance with
the variation requirements, the grantee shall—
(i) report to the Authority, within forty-eight
hours of the time the grantee becomes
aware of the circumstances of the non-
compliance;
(ii) within five working days submit to the
Authority a written report containing a
description of the non-compliance, its cause
and the period of non-compliance including
exact dates and times, the response and
counter measures taken; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
88 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(iii) if the non-compliance has not been
corrected, submit a report to the Authority
indicating the anticipated time it is
expected to continue.
(3) In deciding the terms and conditions of a variation,
the Authority shall have regard to information submitted under
rules 10, 11 and 12.
(4) In determining any variation, the Authority may
request or direct the applicant to request public submissions or
hold a public hearing on the application for a variation.
17. Where a grantee—
(a) dies;
(b) becomes bankrupt;
(c) transfers ownership of the facility, event or
activity;
(d) goes into liquidation or receivership; or
(e) becomes a party to an amalgamation,
that person or the person responsible for his affairs, shall within
twenty-one working days of the occurrence and upon payment of
the prescribed fee, give the Authority notice in writing thereof.
18. (1) No variation is assignable or transferable to any
person without the consent of the Authority.
(2) The Authority may, on the application of a grantee,
transfer a variation to another person.
(3) The Authority shall not approve an application under
subrule (2) unless the application is in respect of the activity,
event or facility to which the variation applies.
(4) An application for a transfer shall be in accordance
with the form as determined by the Authority and shall be submitted
to the Authority together with the prescribed fee.
Changes after
grant of a
variation.
Transfer of
a variation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 89
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(5) An application for a transfer shall contain—
(a) the name and address of the proposed
transferee; and
(b) the signatures of the proposed transferee and
the applicant.
(6) An application for a transfer shall be accompanied
by the variation which is to be transferred.
(7) Where the proposed transferee is a company, an
application for a transfer shall be accompanied by a Registrar’s
certificate furnished by the Registrar of Companies under
section 486(1)(b) of the Companies Act stating that the name of
the Company is on the Register of Companies.
(8) Where the Authority approves an application under
subrule (2), the Authority shall—
(a) endorse the transfer on the variation submitted
under subrule (6);
(b) substitute the name of the applicant on the
variation for that of the person to whom the
variation has been granted; and
(c) endorse the date on which the application
was approved.
(9) The transferee shall be deemed to be the person to
whom the variation applies from the date specified in subrule (8)(c).
19. (1) Where a grantee wishes to continue to exceed the
prescribed standards beyond the expiration of a variation, he shall
submit an application for a new variation to the Authority, in
accordance with the form as determined by the Authority,
together with the prescribed fee.
(2) An application for a new variation shall be made at
least thirty working days before the expiration of the variation.
(3) Where after the expiration of a variation, the grantee
has submitted an application for the new variation in accordance
Ch. 81:01.
Renewal of
a variation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
90 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
with subrules (1) and (2), the expired variation shall continue in
force until the effective date of the new variation.
(4) A person granted a renewed variation shall be
required to pay annual fees prescribed by the Minister where
such variation is for a period in excess of a calendar year.
20. Where a variation granted by the Authority is in force,
the Authority may revoke the variation if it appears to the
Authority that—
(a) the grantee has committed persistent breaches of
environmental requirements;
(b) the continuation of the emission authorised by the
variation would cause serious harm to the
environment or human health that cannot be
avoided by varying the conditions of the variation;
(c) the grantee has made a misrepresentation or
wilful omission in obtaining the variation or in
any report submitted to the Authority;
(d) there has been a violation of any fundamental
condition of the variation;
(e) there has been any other change in
circumstances relating to the variation that
requires a permanent reduction in the emission.
21. The Authority shall not revoke a variation unless it has—
(a) given written notice to the grantee that it intends
to do so;
(b) specified in the notice the reasons for its
intention to do so;
(c) given the grantee a reasonable opportunity to
make submissions in relation to the
revocation; and
(d) taken into consideration any submissions made
by the grantee within five working days of
service of the notice prescribed in paragraph (a).
Revocation of a
variation.
Procedure for
the revocation
of a variation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 91
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
22. The Authority shall by notice inform the grantee of the
following decisions in relation to a variation:
(a) refusal of a grant under rule 13(1);
(b) refusal of an application for a transfer under
rule 18;
(c) refusal of an application for a renewal under
rule 19;
(d) a revocation under rule 20;
(e) conditions of a variation under rule 16(2); and
(f) a rejection of a claim under rule 25.
23. A decision of the Authority mentioned in rule 22, is
subject to appeal to the Commission.
24. (1) The Authority shall establish and maintain a Noise
Variation Register in the form determined by the Authority.
(2) The Noise Variation Register shall be open to the
public for inspection at the Authority’s principal office during
working hours.
(3) The Noise Variation Register shall contain
particulars of, or relating to—
(a) every application for a variation;
(b) every variation;
(c) every refusal to grant a variation under rule
13(1) together with the reasons for the refusal;
(d) every refusal of a renewal of a variation under
rule 19;
(e) every revocation of a variation under rule 20;
(f) ministerial directives under section 5 of the Act;
(g) inspection reports pursuant to sections 22 and
23 of the Act;
(h) notices of all types including notices of
violation under section 63 of the Act;
(i) administrative orders under sections 64 and 65
of the Act;
Notification of
decisions of the
Authority.
Appeals to the
Commission.
Noise Variation
Register.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
92 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(j) administrative civil assessments under section 66
of the Act;
(k) applications for enforcement under section 67 of
the Act;
(l) other actions by the Authority under section 68
of the Act; and
(m) complaints against a person to which a variation
has been issued under section 69 of the Act.
(4) An extract from the Noise Variation Register shall
be supplied at the request of any person on payment of the
prescribed fee.
25. (1) An applicant may assert a claim, in accordance with
the form as determined by the Authority, that any of the
information supplied to the Authority under rule 10, 11, 12 or 13
is a trade secret or confidential business information and that it be
omitted from the Noise Variation Register.
(2) The Authority may reject the claim for the reason—
(a) that the applicant has not disclosed the basis for
the claim;
(b) that the basis therefor is invalid; or
(c) that the public interest in disclosing the
information clearly outweighs any prejudice to
the applicant.
(3) The Authority shall omit the information from the
Noise Variation Register where—
(a) the Authority does not contest the claim; or
(b) the Authority rejects the claim under subrule (2)
but the claim is upheld on an appeal pursuant to
rule 23.
26. (1) All persons shall notify the Authority of an emergency
within forty-eight hours of the time the grantee becomes aware of
the circumstances of the emergency whereby there is a breach of
the prescribed standards.
Trade secrets
and confidential
business
information.
Emergency
procedure.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 93
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) Where an emergency occurs, a person shall—
(a) take all reasonable measures to limit the breach
of the prescribed standards;
(b) immediately after the occurrence of the
emergency, notify the Authority orally or by
facsimile of the time, specific location and the
equipment involved; and
(c) within five working days of the emergency
submit to the Authority a written description of
the emergency stating—
(i) the cause of the emergency;
(ii) the exact dates of the period of the
emergency;
(iii) whether or not the emergency has been
corrected;
(iv) the anticipated time by which the
emergency is expected to be corrected; and
(v) the steps taken or planned to reduce,
eliminate and prevent the reoccurence of
the emergency.
27. Nothing in these Rules affects the operation of—
(a) the Summary Offences Act; and
(b) the common law regarding nuisance.
Saving.
Ch. 11:02.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
94 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
FIRST SCHEDULE
PRESCRIBED STANDARDS
MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS
Note: All sound pressure levels shall be measured in accordance with
the Second Schedule.
Anytime—The sound pressure level shall not exceed the following:
(a) equivalent continuous sound pressure level of 75 dBA;
(b) instantaneous unweighted peak sound pressure level
of 130 dB (peak).
Daytime Limits—On Mondays to Sundays of every week from
8.00 a.m. to 8.00 p.m. on each day—
(a) the sound pressure level when measured as the equivalent
continuous sound pressure level shall not be more than 3 dBA
above the background sound pressure level; and
(b) the sound pressure level when measured as instantaneous
unweighted peak sound pressure level shall not exceed
120 dB (peak).
Notwithstanding the above, no person shall emit or cause to be emitted any
sound that causes the sound pressure level when measured as the equivalent
continuous sound pressure level to exceed 60 dBA.
Night-time Limits—On Mondays to Sundays of every week from
8.00 p.m. to 8.00 a.m. on each day—
(a) the sound pressure level when measured as the equivalent
continuous sound pressure level shall not be more than 3 dBA
above the background sound pressure level; and
(b) the sound pressure level when measured as instantaneous
unweighted peak sound pressure level shall not exceed
115 dB (peak).
Notwithstanding the above, no person shall emit or cause to be emitted any
sound that causes the sound pressure level when measured as the
equivalent continuous sound pressure level to exceed 60 dBA.
TYPE OF ZONES
WHERE THE
SOUND
ORIGINATES
ZONE I—
Industrial areas
ZONE II—
Environmentally
Sensitive areas.
Rule 5(1).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 95
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Daytime Limits—On Mondays to Sundays of every week from
8.00 a.m. to 8.00 p.m. on each day—
(a) the sound pressure level when measured as equivalent
continuous sound pressure level shall not be more than 5 dBA
above the background sound pressure level; and
(b) the sound pressure level when measured as instantaneous
unweighted peak sound pressure level shall not exceed
120 dB (peak).
Notwithstanding the above, no person shall emit or cause to be emitted any
sound that causes the sound pressure level when measured as the
equivalent continuous sound pressure level to exceed 80 dBA.
Night-time Limits—On Mondays to Sundays of every week from
8.00 p.m. to 8.00 a.m. on each day—
(a) the sound pressure level when measured as equivalent
continuous sound pressure level shall not be more than 5 dBA
above the background sound pressure level; and
(b) the sound pressure level when measured as instantaneous
unweighted peak sound pressure level shall not exceed
115 dB (peak).
Notwithstanding the above, no person shall emit or cause to be emitted any
sound that causes the sound pressure level when measured as the
equivalent continuous sound pressure level to exceed 65 dBA.
ZONE III—
General area
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
96 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
SECOND SCHEDULE
MEASUREMENT OF SOUND PRESSURE LEVELS
1.0 INSTRUMENTATION
For the purposes of determining compliance with the prescribed standards, the
instrumentation used shall comply with the following requirements:
(a) the instrumentation used shall be an integrating-averaging sound
level meter (also known as an integrating sound level meter or an
averaging sound level meter) with a measurement capability of the
range of 30 dB to 140 dB, and which complies with the
specifications for integrating-averaging sound level meters Type 1
or 2 respectively, as specified in International Electrotechnical
Commission Standard IEC 804:1985 Integrating-averaging sound
level meters and applicable requirements of IEC 651:1979 sound
level meters, or with other standards as approved by the Authority;
(b) the integrating-averaging sound level meter shall also possess the
capability to measure unweighted sound pressure levels (linear
response) and the peak time weighted characteristic as specified in
IEC 651:1979;
(c) the integrating-averaging sound level meter shall also possess the
capability to log the acoustic data in the memory of the meter, over
the measurement period(s).
2.0 CALIBRATION
For the purposes of determining compliance with the prescribed standards,
the integrating-averaging sound level meter shall be appropriately calibrated for the
acoustical environment in which it shall be used.
NOTE: Generally, for measurement of community (environmental) sound, the
instrument shall be calibrated for diffuse field.
3.0 PERSONNEL
The determination of sound pressure levels shall be conducted by
competent officers so designated by the Authority or by persons appropriately
trained in sound level measurement techniques.
4.0 GENERAL PROCEDURES
4.1 The following general procedures shall be followed in measuring sound
pressure levels:
(a) as far as possible, standard sound measurement practice and the
manufacturer’s instructions for the calibration and method and manner
of use of the integrating-averaging sound level meter should
be observed;
Rules 6(3) and
8(2).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 97
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) the calibration of the integrating-averaging sound level meter
should be checked in the field in accordance with the
manufacturer’s instructions prior to taking the sound pressure level
measurements of the source under investigation;
(c) to prevent measuring errors caused by wind blowing across the
microphone, a windscreen as recommended by the manufacturer of
the integrating-averaging sound level meter should be used.
4.2 SETTINGS ON INSTRUMENT
In determining compliance with the prescribed standards, measurements
shall be taken with the integrating-averaging sound level meter on the following
settings:
(a) the integrating-averaging sound level meter shall be set at the 3 dB
exchange rate;
(b) in determining equivalent continuous sound pressure level, the
meter shall be set on the “Fast” response and “A-weighted”
frequency characteristic;
(c) in determining instantaneous unweighted peak sound pressure
level, the meter shall be set on the “Peak” response and “Linear”
frequency (unweighted) characteristic.
4.3 LOCATION OF MEASUREMENT POINTS
In determining compliance with the prescribed standards, the background
sound pressure level shall be measured at or beyond the boundary of the property
in which the source of the sound under investigation is located, or at the boundary
of a receptor.
The following guidelines should be observed in positioning the
integrating-averaging sound level meter when taking measurements:
(a) for outdoor measurements, the preferred measurement height is 1.2
to 1.5 metres above the ground. For outdoor measurements near
buildings, the preferred measurement positions are, at least, 1 metre
to 2 metres horizontally from the façade and at least, 1.2 metres to
1.5 metres above each floor level of interest;
(b) where sound pressure levels are to be determined inside
buildings, the measurements shall be carried out in
enclosures where the sound is of interest. The preferred
measurement positions are at least 1 metre horizontally
from the walls or other major reflecting surfaces,
1.2 metres to 1.5 metres above the floor and about 1.5 metres
from windows.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
98 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
4.4 METEOROLOGICAL CONDITIONS
For the purposes of determining compliance with the prescribed standards,
sound pressure levels may be taken under any prevailing meteorological
conditions provided that there is the absence of precipitation, thunder and
distinctly audible winds. Further, meteorological conditions prevailing at one time
period shall be deemed to be similar to those at another time period if both time
periods fall within the same time of day, i.e., “daytime” or “night-time” as defined
by the respective intervals for the relevant type of noise zone, and if during the
period of measurement, there is no precipitation, thunder or distinctly audible
winds blowing in the immediate vicinity. (For guidance, the immediate vicinity
may be interpreted as within a radius of 10 metres of the microphone of the
integrating-averaging sound level meter).
4.5 BACKGROUND SOUND PRESSURE LEVEL
The background sound pressure level at a specific site shall be determined
by measuring both the equivalent continuous sound pressure level in dBA, and,
the maximum instantaneous unweighted peak sound pressure level over any
measurement period (which shall be reported in the report as required in the Third
Schedule). These measurements shall be taken during the same time of day as
defined for the respective prescribed standards with which compliance is being
determined.
NOTE: The point at which measurements for determining the
background sound pressure level are taken, should be preferably in the
immediate vicinity of the point at which the background sound pressure
level with the source in operation would be taken; however, such
measurements for determining background sound pressure level should
not be taken at points outside a radius of 100 metres from the source
under investigation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules [Subsidiary]
Environmental Management Chap. 35:05 99
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
THIRD SCHEDULE
REPORTING OF SOUND PRESSURE LEVEL
MEASUREMENT DATA
1.0 For the purposes of reporting the sound pressure level measurement data
obtained in accordance with the Second Schedule, a report containing the following
information shall be prepared:
1.1 ACOUSTIC DATA
(a) general location(s), including address if possible, where the
measurements were taken;
(b) general description of the type of sound being measured (i.e.,
steady, fluctuating, etc.);
(c) height(s) of the measurement position(s), and microphone
orientations;
(d) the sound pressure level(s) obtained, expressed as the equivalent
continuous sound pressure level, in dBA;
(e) the maximum instantaneous unweighted peak sound pressure level,
in dB (peak), recorded over a period of measurement which shall
also be stated;
(f) the frequency weighting used in obtaining—
(i) the equivalent continuous sound pressure level; and
(ii) the maximum instantaneous unweighted peak sound
pressure level;
(g) the time-weighting characteristic used in obtaining—
(i) the equivalent continuous sound pressure level; and
(ii) the maximum instantaneous unweighted peak sound
pressure level;
(h) the exchange rate at which the integrating-averaging sound level
meter was set during the measuring exercise;
(i) the date(s) and time period(s) when the sound pressure level
measurements were taken; and
(j) whether or not the measured sound pressure level(s) in terms of—
(i) the equivalent continuous sound pressure level; and
(ii) the maximum instantaneous unweighted peak sound
pressure levels are in compliance with the applicable
prescribed maximum permissible sound pressure levels as
specified in the First Schedule.
1.2 DESCRIPTION OF SOURCE AND SURROUNDINGS
(a) general description of the sound source(s), which may include nature of
sound and activity generating it, character of the sound, and its
appropriateness for the particular noise zone;
Rules 6(3) and
8(2).
Second
Schedule.
First Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Noise Pollution Control Rules[Subsidiary]
100 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(b) general location of source(s), including address if possible; and
(c) general description and, optionally, sketch (not necessarily drawn to
scale) of the physical environment in the immediate vicinity of the
sound source(s) or in the area of concern or in the receptor
locations; (This description and sketch may include location of
walls, ceilings, and rooms, or if outdoors, trees, structures,
reflecting objects, and topographic features).
1.3 METEOROLOGICAL CONDITIONS
Description of the meteorological conditions in the vicinity of the location
of the microphone of the integrating-averaging sound level meter during the
measurement period(s), in terms of—
(a) whether or not precipitation was present;
(b) whether or not thunder was present; and
(c) whether or not there were distinctly audible winds blowing.
1.4 INSTRUMENTATION
(a) identification of the instrument(s) used, such as brand name,
manufacturer, type, serial number of instrument, serial number of
microphone, if removable;
(b) most recent report of calibration conducted by manufacturer or
other recognised authority;
(c) record of calibration checks conducted for the particular
measurement exercise; and
(d) accessories used in measuring the sound pressure levels, if
applicable, such as microphone corrector, windscreen, tripod.
1.5 PERSONNEL
(a) name of person(s) taking the measurements;
(b) respective job designation; and
(c) name and job designation of person(s) who checked the calibration
of the instrument, if different from (a) and (b) above.
1.6 MISCELLANEOUS
Any other data and information that the person taking the measurements or the
Authority may deem necessary.
NOTE: The required data and information may be completed in a form to be
determined by the Authority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Environmental Management Chap. 35:05 101
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
NOISE POLLUTION CONTROL (FEES) REGULATIONS
made under section 96(2)
1. These Regulations may be cited as the Noise Pollution
Control (Fees) Regulations.
2. In these Regulations—
“Rule” means a rule of the Noise Pollution Control Rules.
3. The fees payable to the Authority are set out in the
Second Column of the Schedule and are in respect of the
corresponding entry in the First Column of the Schedule.
SCHEDULE
FIRST COLUMN
Rule 9(5)
Annual Fees for a Variation for a period in excess of one year
Rule 10(1)(c)
Application for a Variation Single Event … …
Multiple Events … … … …
Rule 17(1)
Application for Changes after Grant of Variation …
Rule 18(4)
Application for Transfer of Variation… … …
Rule 19(1)
Application for Renewal of Variation… … …
Rule 19(4)
Annual Variation Fees for a Renewed Variation for a period
in excess of one year
Rule 25(1)
Application that Information Supplied be omitted from the
Noise Variation Register … … …
SECOND COLUMN
$2,500.00 per annum
or part thereof
$250.00
$1,000.00
$250.00
$250.00
$2,000.00
$5,000.00 per annum
or part thereof
$250.00
51/2001.
Citation.
Interpretation.
Fees.
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
102 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
ENVIRONMENTALLY SENSITIVE SPECIES RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
3. Standards and guidelines for designation of “environmentally
sensitive species”.
4. Form and contents of Notice.
5. Procedure for designating an environmentally sensitive species.
6. Rescission of designation of environmentally sensitive species.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
SCHEDULE IV.
SCHEDULE V.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Environmental Management Chap. 35:05 103
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
ENVIRONMENTALLY SENSITIVE SPECIES RULES
made under sections 26(e) and 41
1. These Rules may be cited as the Environmentally
Sensitive Species Rules.
2. In these Rules—
“Act” means the Environmental Management Act;
“Authority” means the Environmental Management Authority
established under section 6 of the Act;
“ESS” means any species of living plant or animal designated
as an environmentally sensitive species under section 41 of
the Act;
“Notice” means a Notice designating an ESS made under
section 41 of the Act.
3. (1) The Authority may by Notice designate as an ESS
an animal or plant—
(a) that is indigenous to Trinidad and Tobago or,
although not indigenous to Trinidad and
Tobago, is present in Trinidad and Tobago for a
part of its life or reproductive cycle;
(b) that throughout all or a part of its range is, or is
likely to become, in danger of extinction and
whose survival is unlikely if the factors
jeopardising it continue to operate;
(c) that is required to be protected for the purpose
of meeting the Government’s international
obligations under any of the International
Conventions referred to in Schedule I;
(d) to which any of the Guidelines set out in
Schedule II applies;
(e) that is referred to in a written law set out in
Schedule III.
63/2001.
Citation.
Interpretation.
Standards and
guidelines for
designation of
“environmentally
sensitive species”.
Schedule I.
Schedule II.
Schedule III.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Species Rules[Subsidiary]
104 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(2) The activities that, for the protection of the ESS, may be
prohibited or regulated in a Notice including the following:
(a) with respect to any species of living plant, and
its parts and products, where appropriate, all
forms of destruction and disturbance, including
the picking, collecting, cutting, uprooting or
possession of or trade in, such species;
(b) with respect to any species of living animal—
(i) the taking possession or hunting of such
species, or trade in such species, their
parts or products;
(ii) to the extent possible, the disturbance of
wild animals particularly during the
period of breeding, incubation, estivation
or migration, as well as other periods of
biological stress.
(3) The Authority shall designate on the basis of the best
scientific data available and after taking into consideration the
economic impact and any other relevant impact of the designation.
(4) This rule does not apply to the captive breeding of
living animals and to the propagation of living plants.
(5) In this rule “hunt” means—
(a) to kill, injure or shoot at;
(b) with intent to kill, injure, shoot at or capture, to
wilfully disturb or molest by any method; or
(c) with intent to kill, injure, shoot at or capture, to
lie in wait for, follow or search for,
any animal.
(6) In this rule “trade” means export, sell, expose for
sale or otherwise dispose of.
4. A Notice shall be in the form set out in Schedule IV and
shall include—
(a) a description of the plant with reference to its local
and botanical names;
Form and
contents of
Notice.
Schedule IV.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Species Rules [Subsidiary]
Environmental Management Chap. 35:05 105
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) a description of the animal with reference to its
common and scientific names;
(c) the reason for the designation as set out in
rule 3(1) or in paragraph 1 of Schedule II;
(d) the limitations on use of, and the activities that
are permitted with regard to, the ESS as set out
in rule 3(2);
(e) the activities prohibited for the protection of the
ESS; and
(f) the appropriate mitigation measures which
should be undertaken.
5. (1) Where the Authority proposes to make a Notice, it
shall notify that fact, and transmit a draft of the proposed
Notice to—
(a) the governmental entities having responsibility
for agriculture, plant protection, forestry,
conservation of wild life, and fisheries; and
(b) any other government entity having
responsibility for planning and management
with respect to the proposed ESS.
(2) The notification shall invite written submissions
with respect to the proposed Notice to be made to the Authority
by a stated date, being not less than thirty days from the giving of
the notification.
(3) The Authority may revise the proposed Notice to
give effect to the submissions received under subrule (2).
(4) The Authority shall thereafter publish in the Gazette
and in at least one daily newspaper a similar notification inviting
submissions from the public, together with the proposed Notice
as may be revised.
(5) A submission shall contain the grounds therefor and
may include additions, modifications or amendments to give effect
to the submission.
Schedule II.
Procedure for
designating an
environmentally
sensitive
species.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Species Rules[Subsidiary]
106 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(6) The Authority shall have regard to any submissions
received under subrule (4) before making the Notice and
publishing it in the Gazette.
6. (1) Where any of the provisions of rule 3(1) cease to
apply to an ESS the Authority may by Notice rescind the
designation of the ESS.
(2) The Notice shall be in the form set out in Schedule V
and shall include—
(a) the information set out in rule 4(a) or (b); and
(b) the reason for the rescission of the designation.
(3) The procedures as set out under rule 5 for the
designation of an ESS shall, where appropriate, apply for
the making of a Notice under this rule for the rescission of
that designation.
SCHEDULE I
INTERNATIONAL CONVENTIONS
(i) The Convention on International Trade in Endangered
Species of Wild Fauna and Flora which entered into
force in Trinidad and Tobago on 8th April, 1984 (the
CITES Convention);
(ii) The Protocol concerning Specially Protected Areas and
Wildlife to the Convention for the Protection and
Development of the Marine Environment of the Wider
Caribbean Region which entered into force in Trinidad
and Tobago on 18th January, 1990 (the SPAW Protocol);
(iii) The Convention on Wetlands which entered into force
in Trinidad and Tobago on 21st April, 1993 (the
Ramsar Convention, Iran, 1971);
(iv) The United Nations Convention on Biological Diversity
which entered into force in Trinidad and Tobago on
1st August, 1996 (the BIODIVERSITY Convention);
(v) Any other international legal convention relating to the
environment to which Trinidad and Tobago is a party.
Rescission of
designation of
environmentally
sensitive
species.
Schedule V.
Rule 3(1)(c).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Species Rules [Subsidiary]
Environmental Management Chap. 35:05 107
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Rule 3(1)(d).SCHEDULE II
GUIDELINES FOR ENVIRONMENTALLY
SENSITIVE SPECIES
1. The designation of species as “environmentally sensitive” is to meet
one or more of three general categories of objectives:
(a) conservation of biological diversity and protection of the
environment;
(b) sustainable economic and human development;
(c) logistic support, e.g., environmental education, information
sharing, etc.
The specific objectives are:
(a) maintenance of species abundance and diversity;
(b) preservation of the integrity of species’ populations to ensure
genetic viability and to sustain their intangible and direct
material benefits;
(c) maintenance of its importance or significance to the
ecosystem(s) of the immediate locality or to wider areas;
(d) regulation of species which are or may pose a health or
ecological liability;
(e) provision of valuable educational and non-destructive
scientific research opportunities;
(f) demonstration of the benefits of wise use and the pitfalls of
indiscriminate use of particular species.
2. Designation of environmentally sensitive species will be on the basis
of one or more of the following criteria:
(a) importance as a pharmaceutical or for the provision of other
medicinal derivatives;
(b) good potential for the conduct of non-destructive research to
provide important scientific data;
(c) commercial importance as non-domesticated species which
is harvested, extracted or traded;
(d) indicator or sentinel species for pollutant levels, diseases,
weather or climate patterns;
(e) integral to the maintenance of a climax community through
key physical processes or ecological interactions
characteristic of a given locality or wider area;
(f) critical to the colonisation, consolidation or rehabilitation of
barren, hostile or unsettled areas;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Species Rules[Subsidiary]
108 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
SCHEDULE III
ANIMALS AND PLANTS REFERRED TO IN
OTHER WRITTEN LAWS
1. An animal or plant—
(a) that is indigenous to Trinidad and Tobago or, although not
indigenous to Trinidad and Tobago, is present in Trinidad
and Tobago for a part of its life or reproductive cycle; and
(b) to which subrule (2) or (3) applies, is eligible for designation
as an environmentally sensitive species by a Notice made by
the Authority under section 41 of the Act.
2. This subrule applies to—
*(a) a plant that is included in a proclamation made under
section 4(a) or (b) of the Plant Protection Ordinance;
(b) a plant that is included in an Order made under section 3 of
the Plant (Export Prohibition) Act;
(c) a protected animal referred to in section 2 of the
Conservation of Wild Life Act;
(d) a fish that is included in a regulation made under section
4(b), (d) or (e) of the Fisheries Act.
Rule 3(1)(e).
Ch. 23 No. 17.
Ch. 63:54.
Ch. 67:01.
Ch. 67:51.
*Repealed by the Plant Protection Act (Chap. 63:56).
(g) unique or of significant taxonomic importance as a
subspecies or variant of continental genera; a relict species;
a species adapted to local conditions; or a viable mutant
strain;
(h) significance in ecosystems external to Trinidad and Tobago
as a migrant or transient, that is spending part of its life cycle
in, or passing through this country;
(i) high in aesthetic value;
(j) potential for ecological or health risks by nature of its biology
or by the introduction of a pathogenic agent respectively.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Species Rules [Subsidiary]
Environmental Management Chap. 35:05 109
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
3. This subrule applies to—
(a) an animal or plant that is included in Appendix I, II, or III
of the CITES Convention;
(b) an animal or plant that is listed in Annex I, II or III, and
a protected species referred to in Article I(h), of the
SPAW protocol;
(c) waterfowl whose habitat is a natural reserve established
under Article 4 of the Ramsar Convention;
(d) a component of biological diversity identified under Article
7(a) of the BIODIVERSITY Convention.
SCHEDULE IV
THE ENVIRONMENTAL MANAGEMENT ACT, CH. 35:05
NOTICE
MADE BY THE ENVIRONMENTAL MANAGEMENT AUTHORITY
UNDER SECTIONS 41, 42 AND 43 OF THE
ENVIRONMENTAL MANAGEMENT ACT
1. The Environmental Management Authority hereby designates as
an environmentally sensitive species (the ESS) the plant/animal described
in Part I.
2. The reason for the designation is to meet the objective set out in
Part II.
3. The limitations on use of and activities with regard to the ESS with
which compliance is required, are as specified in Part III.
4. Subject to paragraph 3, the wise use of the ESS is permitted and the
mitigating measures to be undertaken are as specified in Part IV.
Rule 4.
Designation.
Part I.
Reason for
designation.
Part II.
Limitations on
use and
activities.
Part III.
Permitted use
and mitigating
measures.
Part IV.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Species Rules[Subsidiary]
110 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
SCHEDULE V
THE ENVIRONMENTAL MANAGEMENT ACT, CH. 35:05
NOTICE
MADE BY THE ENVIRONMENTAL MANAGEMENT AUTHORITY UNDER
SECTION 41, OF THE ENVIRONMENTAL MANAGEMENT ACT
1. The Environmental Management Authority hereby rescinds the
designation of the plant/animal described in Part I as an environmentally
sensitive species (the ESS).
2. The reason for the rescission of the designation is that the objective
set out in Part II has ceased to apply to the ESS.
3. Legal Notice No. .................. of ................................................ 20......
is hereby revoked.
Rule 6(2).
Rescission of
designation.
Part I.
Reason for
rescission.
Part II.
Revocation.
PART I
(a) Plant Local Name Botanical Name
(b) Animal Common name Scientific Name
Part II
Part III
Part IV
Made the .........day of .................... 20 ...........
Chairman/Deputy Chairman/Secretary,
Environmental Management Authority
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Species Rules [Subsidiary]
Environmental Management Chap. 35:05 111
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
PART I
(a) Plant Local Name Botanical Name
(b) Animal Common Name Scientific Name
Part II
Made the .........day of .................... 20 ...........
Chairman/Deputy Chairman/Secretary,
Environmental Management Authority
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
112 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
ENVIRONMENTALLY SENSITIVE AREAS RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
3. Standards and guidelines for designation of environmentally
sensitive areas.
4. Form and contents of Notice.
5. Procedures for designating an environmentally sensitive area.
6. Rescission of designation of environmentally sensitive area.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
SCHEDULE IV.
SCHEDULE V.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Environmental Management Chap. 35:05 113
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
ENVIRONMENTALLY SENSITIVE AREAS RULES
made under sections 26(e) and 41
1. These Rules may be cited as the Environmentally
Sensitive Areas Rules.
2. In these Rules—
“Act” means the Environmental Management Act;
“Authority” means the Environmental Management Authority
established under section 6 of the Act;
“biological diversity” means the variability among living
organisms from all sources including, inter alia, terrestrial,
marine and other aquatic ecosystems and the ecological
complexes of which they are part; this includes diversity
within species, between species and between ecosystems;
“ecosystem” means a dynamic complex of plant, animal and
micro-organism communities and their non-living
environment interacting as a functional unit;
“environmentally sensitive species” or “ESS” means any species
of living plant or animal so designated under section 41 of
the Act;
“ESA” means a portion of the environment designated as an
environmentally sensitive area under section 41 of the Act;
“licensed surveyor” means a person registered as a Land
Surveyor under the Land Surveyors Act;
“Notice” means a Notice designating an ESA made under
section 41 of the Act.
3. (1) Subject to subrule (2), the Authority may by Notice
designate as an ESA any portion of the environment that is—
(a) the actual or prospective habitat of any
environmentally sensitive species;
(b) required to be protected for the purpose of
meeting the Government’s international
obligations under any of the International
Conventions referred to in Schedule I;
64/2001.
Citation.
Interpretation.
Ch. 58:04.
Standards and
guidelines for
designation of
environmentally
sensitive areas.
Schedule I.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Areas Rules[Subsidiary]
114 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(c) an area to which any of the Guidelines set out in
Schedule II applies;
(d) an area that is referred to in a written law set out
in Schedule III.
(2) The Authority shall designate an ESA on the basis
of the best scientific data available and after taking into
consideration the economic impact and any other relevant impact
of the designation.
4. (1) A Notice shall be in the form set out in Schedule IV
and shall include—
(a) a description of the area with reference to its
location, boundaries and size, and a map or plan
certified by a licensed surveyor;
(b) the reason for the designation as set out in
rule 3(1) or in paragraph 1 of Schedule II;
(c) the limitations on use of and the activities within
the ESA that are permitted or prohibited; and
(d) the appropriate mitigation measures which
should be undertaken.
(2) Where there is a discrepancy between the
description of the area and the licensed surveyor’s map or plan,
the latter shall prevail.
5. (1) Where the Authority proposes to make a Notice,
it shall notify that fact, and transmit a draft of the proposed
Notice to—
(a) the government entities having responsibility
for land, the continental shelf, forestry,
conservation of wildlife and fisheries; and
(b) any other government entity having
responsibility for planning and management in
the proposed ESA.
(2) The notification shall invite written submissions
with respect to the proposed Notice to be made to the Authority
Schedule II.
Schedule III.
Form and
contents of
Notice.
Schedule IV.
Schedule II.
Procedures for
designating an
environmentally
sensitive area.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Areas Rules [Subsidiary]
Environmental Management Chap. 35:05 115
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
by a stated date, being not less than thirty days from the giving of
the notification.
(3) The Authority may revise the proposed Notice to
give effect to the submissions received under subrule (2).
(4) The Authority shall thereafter publish in the Gazette
and at least one daily newspaper a similar notification inviting
submissions from the public, with respect to the proposed Notice
as may be revised.
(5) A submission shall contain the grounds therefor and
may include additions, modifications or amendments to give
effect to the submission.
(6) The Authority shall have regard to any submissions
received under subrule (4) before making the Notice and
publishing it in the Gazette.
6. (1) Where the provisions of rule 3(1) cease to apply to
an ESA the Authority may by Notice rescind the designation of
the ESA.
(2) The Notice shall be in the form set out in Schedule V
and shall include—
(a) the information contained in rule 4 (1)(a); and
(b) the reason for the rescission of the designation.
(3) The procedures as set out under rule 5 for the
designation of an ESA shall, where appropriate, apply for
the making of a Notice under this rule for the rescission of
that designation.
Rescission of
designation of
environmentally
sensitive area.
Schedule V.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Areas Rules[Subsidiary]
116 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
SCHEDULE I
INTERNATIONAL CONVENTIONS
(i) The Convention for the Protection and Development of the Marine
Environment of the Wider Caribbean Region which entered into force in
Trinidad and Tobago on October 11, 1986 (the CARTAGENA
Convention).
(ii) The Protocol concerning Specially Protected Areas and Wildlife to the
Convention for the Protection and Development of the Marine
Environment of the Wider Caribbean Region which entered into force in
Trinidad and Tobago on January 18, 1990 (the SPAW Protocol).
(iii) The Convention on Wetlands (the Ramsar Convention, Iran 1971) which
entered into force in Trinidad and Tobago on April 21, 1993.
(iv) The United Nations Framework Convention on Climate Change which
entered into force in Trinidad and Tobago on September 22, 1994.
(v) The United Nations Convention on Biological Diversity which entered
into force in Trinidad and Tobago on August 01, 1996.
(vi) Any other international legal convention relating to the environment to
which Trinidad and Tobago is a party.
Rule 3(1)(b).
Rule 3(1)(c). SCHEDULE II
GUIDELINES FOR ENVIRONMENTALLY
SENSITIVE AREAS
1. The designation of an area, as “environmentally sensitive” is to meet
one or more of three categories of general objectives:
(a) Conservation of natural resources and protection of the
environment.
(b) Sustainable economic and human development.
(c) Logistic support such as environmental education, and
information sharing.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Areas Rules [Subsidiary]
Environmental Management Chap. 35:05 117
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
2. The specific objectives are:
(a) Appreciation of the broader ecological aspects of an area for
its intrinsic values and functions as well as for its potential
for direct material benefits.
(b) Maintenance of the significance of an area in the national,
regional or international context.
(c) Preservation of the biological diversity of the area.
(d) Preservation of the integrity of an area and its attributes with
the aim of sustaining its potential for direct material benefits.
(e) Maintenance of its role in the functioning of the wider
ecosystem.
(f) Protection, preservation, management or rehabilitation of an
area that is fragile, threatened or degraded.
(g) Regulation of the use of the natural resources contained
within the area.
(h) Maintenance of the cultural values of an area which are
associated with preserving the integrity of the environment.
(i) Maintenance of a stock of genetic resources in viable
populations.
(j) Facilitation of relevant scientific research or environmental
monitoring to improve understanding of interactions
between biotic and abiotic components of the environment,
the processes involved and the attributes and potential of the
area’s resources.
(k) Dissemination of relevant information to stakeholders and
the public at large.
3. Areas will be selected on the basis of one or more of the following
general or specific criteria:
A. General
(a) Uniqueness, rarity or important biological features.
(b) Good representation of a naturally-occurring ecological
system or type.
(c) Particularly good representative of an ecosystem
characteristic of one, or common to more than one
biogeographical region.
(d) Rare or unusual habitat, ecosystem, or community attributes
in a biogeographical region.
(e) Critical importance to the survival or recovery of
endangered, endemic or vulnerable species/communities of
plants or animals.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Areas Rules[Subsidiary]
118 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(f) An appreciable or significant assemblage of endangered, or
threatened species of plants or animals.
(g) Special value as a habitat for plants or animals at a critical
stage of their biological cycle.
(h) Provision of appreciable social recreational or economic
benefit to local communities or to wider areas.
(i) Forest, purely conservation purposes.
(j) Unique geological features.
(k) High in aesthetic value.
(l) Regarded by the scientific community as having significant
value for non-destructive research.
(m) Potential for fostering environmental awareness,
appreciation or education.
(n) Performing an integral role in the functioning of the
wider ecosystem.
(o) Representative example of all coastal and marine
ecosystems.
(p) Representative example of all wetland types.
B. Specific
(a) Strict Nature Reserve: an area requiring protection for
science that possesses some outstanding or representative
ecosystems, geological or physiological features and/or
species, available primarily for scientific research and/or
environmental monitoring.
(b) National Park: an area requiring: (i) the protection of the
ecological integrity of one or more ecosystems for present and
future generations, (ii) the exclusion of exploitation or
occupation inimical to the purposes of designation of the
area, and (iii) the provision of a foundation for spiritual,
scientific, educational, recreational and visitor opportunities,
all of which are environmentally and culturally compatible.
(c) Natural Monument: an area containing one, or more, specific
natural or natural/cultural features of outstanding or unique
value that require conservation because of inherent rarity,
representative or aesthetic qualities or cultural significance.
(d) Habitat/Species Management Area: an area requiring
conservation through management intervention to ensure the
maintenance of habitats and/or to meet the requirements of
specific species.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Areas Rules [Subsidiary]
Environmental Management Chap. 35:05 119
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(e) Protected Landscape/Seascape: an area, that may contain
coast and sea requiring protection for conservation and
recreation, where the interaction of people and nature over
time has produced an area of distinct character with
significant aesthetic, ecological and/or cultural value, and
often with high biological diversity.
(f) Managed Resource Protected Area: an area containing
predominantly unmodified natural systems, that require
sustainable use and management to ensure long-term
protection and maintenance of biological diversity, while
providing at the same time a sustainable flow of natural
products and services to meet community needs.
SCHEDULE III
AREAS REFERRED TO IN OTHER WRITTEN LAWS
(a) The territorial sea of Trinidad and Tobago and the internal waters of
Trinidad and Tobago referred to in sections 3 and 4 respectively of the
Territorial Sea Act.
(b) A restricted area referred to in section 2 of the Continental Shelf Act.
(c) A restricted area referred to in section 2 of the Marine Areas (Preservation
and Enhancement) Act.
(d) A Forest Reserve and a prohibited area referred to in section 2, and a
declared district referred to in section 7 (3), of the Forests Act.
(e) A Game Sanctuary referred to in section 2 of the Conservation of
Wildlife Act.
(f) An infected area and an infected place referred to in section 2 of the
Animals (Diseases and Importation) Act.
(g) A prohibited area referred to in section 2 of the Fisheries Act.
(h) The archipelagic waters referred to in section 2, and the exclusive economic
zone established under section 14, of the Archipelagic Waters and Exclusive
Zones Act.
Rule 3(1)(d).
Ch. 1:51.
Ch. 1:52.
Ch. 37:02.
Ch. 66:01.
Ch. 67:01.
Ch. 67:02.
Ch. 67:51.
Ch. 51:06.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Areas Rules[Subsidiary]
120 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
SCHEDULE IV
THE ENVIRONMENTAL MANAGEMENT ACT, CH. 35:05
NOTICE
MADE BY THE ENVIRONMENTAL MANAGEMENT AUTHORITY
UNDER SECTIONS 41, 42 AND 43 OF THE
ENVIRONMENTAL MANAGEMENT ACT
1. The Environmental Management Authority, hereby designates as an
environmentally sensitive area (the ESA) the portion of the environment
described in Part I.
2. The reason for the designation is to meet the objective set out in
Part II.
3. The limitations on use of and activities within the ESA with which
compliance is required are as specified in Part III.
4. Subject to paragraph 3 the wise use of the ESA is permitted and the
mitigating measures to be undertaken are as specified in Part IV.
Part I
Part II
Part III
Part IV
Made the .........day of .................... 20 ...........
Chairman/Deputy Chairman/Secretary,
Environmental Management Authority
Rule 4.
Designation.
Part I.
Reason for
designation.
Part II.
Limitations on
use and
activities.
Part III.
Permitted use
and mitigating
measures.
Part IV.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Areas Rules [Subsidiary]
Environmental Management Chap. 35:05 121
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SCHEDULE V
THE ENVIRONMENTAL MANAGEMENT ACT, CH. 35:05
NOTICE
MADE BY THE ENVIRONMENTAL MANAGEMENT AUTHORITY UNDER
SECTION 41 OF THE ENVIRONMENTAL MANAGEMENT ACT
1. The Environmental Management Authority hereby rescinds the
designation of the plant/animal described in Part I as an environmentally
sensitive area (the ESA) made by Notice dated ................................ and
published in the Gazette of ...................... .
2. The reason for the rescission of the designation is that the objective
set out in Part II has ceased to apply to the said ESA.
3. Legal Notice No. ................ of .............. 20........ is hereby revoked.
Part I
Part II
Made the ................. day of ...................... , 20....... .
Chairman/Deputy Chairman/Secretary,
Environmental Management Authority
Rule 6(2).
Rescission of
designation.
Part I.
Reason for
rescission.
Part II.
Revocation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
122 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
ENVIRONMENTALLY SENSITIVE AREA
(MATURA NATIONAL PARK) NOTICE
ARRANGEMENT OF CLAUSES
CLAUSE
1. Citation.
2. Interpretation.
3. Designation.
4. Application.
5. Reason for designation.
6. Limitations on use and activities.
7. Permitted use and mitigating measures.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Environmental Management Chap. 35:05 123
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
ENVIRONMENTALLY SENSITIVE AREA
(MATURA NATIONAL PARK) NOTICE
made under section 41 and under rules 3, 4 and 5 of the
Environmentally Sensitive Areas Rules
1. This Notice may be cited as the Environmentally
Sensitive Area (Matura National Park) Notice.
2. In this Notice—
“Act” means the Environmental Management Act;
“animal” means any member of the animal kingdom, whether
alive or dead in any stage of biological development, and
any part or product of these;
“Authority” means the Environmental Management Authority
established under section 6 of the Act;
“ecosystem” means a dynamic complex of plant, animal and
micro-organism communities and their non-living
environment interacting as a functional unit;
“endangered” means the status of a species in which population
numbers have fallen, for whatever reasons, to levels which
place the species at risk of extirpation from parts of its range
or extinction from its entire range;
“Environmental Officer” means a person authorised under
section 33 of the Act;
“Environmentally Sensitive Area” means the portion of the
environment so designated in clause 3;
“Environmentally Sensitive Species” means any species of living
plant or animal so designated under section 41 of the Act;
“explosive” has the meaning assigned to it in section 2 of the
Explosives Act;
“Management Plan” means the Draft Management and Physical
Plan and Additional Studies—Final Report, September
1998, Caribbean Forest Conservation Association (CFCA)
as amended;
323/2004.
Citation.
Interpretation.
Ch.16:02.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice[Subsidiary]
124 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
“National Park” means an area requiring—
(a) protection of the ecological integrity of one or
more ecosystems for present and future
generations;
(b) the exclusion of exploitation or occupation
inimical to the purposes of designation of the
area; and
(c) the provision of a foundation for spiritual,
scientific, educational, recreational and visitor
opportunities, all of which are environmentally
and culturally compatible;
“natural resources” means the living plants, animals, organisms
and other biological factors within the environment, and the
geologic formations, mineral deposits, renewable and non-
renewable assets and the habitat of the living plants,
animals, organisms and other biological factors;
“plant” means any member of the plant kingdom, whether alive
or dead, in any stage of biological development, and any
part or product of these;
“rare” means infrequently occurring species whose rarity may or
may not be on account of human activity;
“Relevant Authority” means the Authority and any other
governmental entity with jurisdiction under existing law;
“Rules” means the Environmentally Sensitive Areas Rules 2001;
“threatened species” means a species that is rare, vulnerable or
endangered;
“vulnerable” means the state of a species whose life history is
such that makes it prone to population depletion and
consequent endangerment by human activity; and
“wise use” means the permitted activities listed in Part IV.
3. The Authority hereby designates as an Environmentally
Sensitive Area (“ESA”) the portion of the environment described
in Part I, hereinafter known as the Matura National Park.
Designation.
Part I.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice [Subsidiary]
Environmental Management Chap. 35:05 125
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
4. This Notice does not apply to private land in the ESA.
5. The reason for the designation is to meet the objectives
set out in Part II.
6. The limitations on use of and activities within the ESA
with which compliance is required are as specified in Part III.
7. Subject to clause 6 the wise use of the ESA is permitted
and the mitigating measures to be undertaken are as specified in
Part IV.
Application.
Reason for
designation.
Part II.
Limitations
on use and
activities.
Part III.
Permitted use
and mitigating
measures.
Part IV.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice[Subsidiary]
126 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
PART I
DESCRIPTION OF THE ESA
BOUNDARY DESCRIPTION OF MATURA NATIONAL PARK
Bounded on its Nothern Side
Proceeding
Direction
From:
Northing
Easting
To:
Northing
Easting
Description
North-west C 1195830
717850
C 1196570
713960
From the South-East end of Private Parcel (PP)
8 along the Northern Range (Plan P G 71), the
North side of State Parcel (SP) 4 to the
Zagaya Road, along the Zagaya Road passing
the Paria Main Road, across the Grande
Riviere River, passing Isabella Trace to SP5
South-west D 1196570
713960
E 119580
712220
Along the East side of SP5, the East and
South sides of SP6, the East and South
sides of PPs 8, 9, 10 and 11, the South side
of PP12, the East side of PP13, the West
side of SP7, the South side of PP17 across
and along the Grande Riviere Road, along
the North side of the SP8 and SP9, across
and along the Estate Trace, and along the
East and North sides of PP18.
North-west E 119580
712220
F 1197030
709510
Along the East side of the State Land, along
the North side of the State Land along
Howard Trace, along Mahaut Trace, along
the East and South sides of PP19, across
and along Mahaut River along the North
side of the State Land and along the South
side of PP20.
South-west F 1197030
709510
G 1196620
708850
Along the North side of the State Land,
across Shark River and along the South
side of PP21.
NB—The Co-ordinated Values for the Northings and Eastings are provided to the nearest
ten (10) metres.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice [Subsidiary]
Environmental Management Chap. 35:05 127
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Along the ridgeline through the St. David Forest
Reserve, across the Ward Boundary between
the Ward of Toco and Matura, along the
ridgeline through the Matura Forest Reserve
Eastern Extension to the SP10.
Proceeding
Direction
From:
Northing
Easting
To:
Northing
Easting
Description
West H 1183780
715060
A 1183980
716090
Along the North side of SP10, the West side of
SP10, across the Salibia River, along the
West and North sides of SP10 along the
Matura Trace, along the East side of SP10,
along the North and East sides of the Salibia
River to the Toco Main Road, along the
Toco Main Road across Matura Trace,
across Knaggs River, to the Western corner
of Knaggs Trace and the Toco Main Road.
Proceeding
Direction
From:
Northing
Easting
To:
Northing
Easting
Description
North A 1183980
716090
B 1187110
716590
Corner of Knaggs Trace and Toco Main
Road, along the South, West and the North
sides of PP1, the West and North sides of
PP2, the North side of PP3, the West side
of SP1, the West side of PP4, the South
side of PP5, to Knaggs Trace, along
Knaggs Trace, along the South side of
PP6, the East side of PP7, along Tabateau
Trace to Corral Trace, along Corral Trace
and along the West sides of SPs 2 and 3.
North B 1187110
716590
C 1195830
717850
Along the ridgeline in the Matura Forest
Reserve across the Rio Seco Trace, across
the Ward Boundary, across the St. David
Forest Reserve, across Zagaya Road, into
the Northern Range Reserve and to the
South side of PP8.
Bounded on its Southern Side
Bounded on its Eastern Side
Proceeding
Direction
From:
Northing
Easting
To:
Northing
Easting
Description
South G 1196620
708850
H 1183780
715060
Bounded on its Western Side
NB—The Co-ordinated Values for the Northings and Eastings are provided to the nearest
ten (10) metres.
The size of the Matura National Park is approximately 9,000 hectares.
NB—The Co-ordinated Values for the Northings and Eastings are provided to the nearest
ten (10) metres.
NB—The Co-ordinated Values for the Northings and Eastings are provided to the nearest
ten (10) metres.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice[Subsidiary]
128 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
Matura National Park
Extent of Park Boundary
Private Blocks not
included
State Lands Boundary of the MaturaNational Park
LEGEND
Projection UTM
Units of Measurement METRES
SCALE 1/25,000
Date April 2000
Ali, Deonanan & Associates Ltd
Land Surveyors
Caribbean Sea
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice [Subsidiary]
Environmental Management Chap. 35:05 129
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
PART II
OBJECTIVES OF DESIGNATION
I. Protection of the actual or prospective habitat of an Environmentally
Sensitive Species.
II. In furtherance of Schedule I of the Rules, compliance with
Government’s international obligations under the following Conventions:
(a) The Protocol concerning Specially Protected Areas and
Wildlife to the Cartagena Convention for the Protection and
Development of the Marine Environment of the Wider
Caribbean (the SPAW Protocol) which entered into force in
Trinidad and Tobago on 26th May, 2000;
(b) The United Nations Convention on Biological Diversity (the
Biodiversity Convention) which entered into force in
Trinidad and Tobago on 1st August, 1996; and
(c) The Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) which entered into
force in Trinidad and Tobago on 18th April, 1984.
III. In furtherance of Schedule II of the Rules—
1. Conservation of natural resources and protection of the
environment including—
(a) maintenance of the significance of the area in the national,
regional and international context;
(b) preservation of the biological diversity of the area including—
(i) protection of the largest and most intact representation
of Mora Forest (Mora excelsa) in Trinidad and
Tobago;
(ii) the protection of rare or threatened species and their
habitat, including—
(A) Trinidad Piping-guan or Pawi (Pipile pipile);
(B) Ocelot (Leopardus pardalis);
(C) Yellow-crowned Parrot (Amazona
ochrocephala);
(D) Parakeet, Green-rumped Parrotlet (Forpus
passerinus);
(E) Tayra (Eira barbara trinitatis);
Schedule II.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice[Subsidiary]
130 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(F) Red Howler Monkey (Alouatta seniculus);
(G) Wild Hog, Quenk, Collared Peccary
(Tayassu tajacu);
(H) River Otter (Lontra longicaudis);
(I) Matte, Banded-tegu (Tupinambis teguixin);
(J) Iguana (Iguana iguana);
(K) Orchids (Orchidaceae spp.);
(L) Rare South American relict fishes in the
northern draining rivers having
representative Antillean fish fauna
dominated by gobies, mountain mullets,
cling fishes and several sea-run species; and
(M) Red Brocket Deer (Mazama americana
trinitatis);
(c) protection, preservation, management and rehabilitation of
an area that is threatened and degraded;
(d) regulation of the use of natural resources contained within
the area; and
(e) maintenance of a stock of genetic resources in viable
populations including the Trinidad Piping-guan or Pawi
(Pipile pipile); and Ocelot (Leopardus pardalis).
2. Sustainable Economic and Human Development.
3. Logistic support such as environmental education and information
sharing including—
(a) development of low impact eco-tourism opportunities;
(b) management of visitor use for inspirational, educational,
cultural and recreational purposes at a level which will
maintain the area in a natural or near natural state;
(c) recognition of the needs of local communities in so far as
it does not adversely affect the objectives of the
Management Plan;
(d) facilitation of relevant scientific research and environmental
monitoring to improve understanding of the interactions
between biotic and abiotic components of the environment,
the processes involved and the attributes and potential of the
area’s resources;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice [Subsidiary]
Environmental Management Chap. 35:05 131
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(e) dissemination of information particularly to local
communities and stakeholders; and
(f) development of a database of information relevant to the
ESA and maintaining public access to the information.
IV. In furtherance of Schedule III of the Rules, protection of an area
referred to in the following written law:
A forest reserve, referred to in section 2 of the Forests Act, Ch. 66:01,
declared under the Land Regulations (1918) made under the
State Lands Act, Ch. 57:01.
PART III
LIMITATIONS ON USE AND ACTIVITIES
1. The following uses and activities are prohibited in the ESA unless
otherwise approved by the Relevant Authority in accordance with existing law:
(a) dumping, littering or polluting, including the discharging or
depositing of any refuse, oily liquids, waste acids,
deleterious chemicals or any toxic polluting substances of
any kind injurious to plants, animals or fish;
(b) conduct or behaviour that unreasonably disturbs other
persons in the ESA or unreasonably interferes with their
enjoyment of the ESA;
(c) any action that will alter or upset the integrity of the natural
functioning of the ecosystems of the ESA or causes damage
to the natural resources of the ESA;
(d) with the exception of environmental officers the possession
or use of firearms and other weapons harmful to animals and
their habitats;
(e) hunting, trading, taking or killing of animals, juveniles
and eggs;
(f) cutting or extraction of plants, trees, soil or any other material;
(g) keeping of domestic animals;
(h) introduction of any plant or animal species;
(i) use of pesticides, fungicides, insecticides and other chemicals;
(j) removal, damage or exportation of animals or plants, soil or
any material;
(k) quarrying or mining from the surface of the ESA;
(l) prospecting and surveying for the purposes of mineral
extraction;
Schedule III.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice[Subsidiary]
132 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(m) dredging, filling or excavating;
(n) removing or destroying the natural physical features of
the ESA;
(o) the posession or use of explosives;
(p) removal, destruction, damaging or defacing of any object,
which is of scientific, historical, archaeological, cultural or
palaeontological interest;
(q) any parking or use of vehicles;
(r) occupation or use of land except as provided for in Part IV,
clause 1(d) below;
(s) any other activity which results in a negative impact on the
physical and biological; and
(t) socio-economic integrity of the ESA.
PART IV
WISE USE AND MITIGATION MEASURES
1. The following activities are permitted in the ESA subject to
existing law:
(a) any activity that is in keeping with the enjoyment and
experience of the natural and physical features, plants,
animals and cultural attractions of the ESA;
(b) educational activities;
(c) non-destructive scientific research activities approved by the
Relevant Authority;
(d) activities permitted in Management Plan in specified
physical zones of the ESA; and
(e) any other activities permitted by the Relevant Authority in
accordance with the Management Plan and objectives set out
in Part II.
2. The relevant Authority shall implement mitigation measures in the
ESA, including—
(a) development of public awareness and education
programmes;
(b) enforcement of existing law;
(c) fire prevention and control of squatting;
(d) visitor management;
(e) training of the Environmental Officers and other persons
involved in the management and use of the ESA;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmentally Sensitive Area (Matura National Park) Notice [Subsidiary]
Environmental Management Chap. 35:05 133
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(f) community liaison;
(g) local community participation;
(h) adaptive Management Strategies designed to address present
and future challenges to the ESA; and
(i) any other mitigation measures prescribed in accordance with
the Management Plan.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
134 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
CERTIFICATE OF ENVIRONMENTAL CLEARANCE
(DESIGNATED ACTIVITIES) ORDER
made under section 35(1)
1. This Order may be cited as the Certificate of
Environmental Clearance (Designated Activities) Order.
2. The activities listed in the Schedule are designated
activities requiring a Certificate of Environmental Clearance, the
grant of which signifies approval of the activity solely in terms of
the environmental impact.
103/2001.
[186/2008].
Citation.
Designated
activities.
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order [Subsidiary]
Environmental Management Chap. 35:05 135
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SCHEDULE
(DESIGNATED ACTIVITIES)
ACTIVITY DEFINITION
1 Poultry, pig, cattle and other animal husbandry
and production
(a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a poultry, cattle, pig or other
livestock farm in excess of 250 heads of
poultry or 25 heads of cattle, 25 heads of
pigs or 25 heads of other livestock;
(b) The establishment, modification, expansion,
decommissioning or abandonment of a
facility for the hatching, breeding or
slaughtering of 250 heads of poultry, or 25
heads of cattle, 25 heads of pigs or 25 heads
of other livestock, per year.
2 Establishment of a facility for game
propagation
3 Establishment of a facility for
Mariculture/aquaculture
The establishment, modification,
expansion and abandonment (inclusive of
associated works) of a game propagating
facility.
The establishment, modification, expansion,
decommissioning or abandonment
(inclusive of associated works) of a facility
for fish/shellfish processing and/or, a facility
for fish/shellfish propagation with a total
pond area of 2.5 hectares or more.
4 Horticultural farming The establishment, modification, expansion,
or decommissioning (inclusive of associated
works) of a horticultural farm of a total area
of more than 2 hectares or a processing
facility, with a production capacity of more
than 20 kilograms per day.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order[Subsidiary]
136 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(DESIGNATED ACTIVITIES)—Continued
ACTIVITY DEFINITION
5 Timber cultivation or extraction of logs (a) The establishment of a timber plantation
of more than one hectare or the expansion
of an existing plantation by more than
2 hectares;
(b) Logging or extraction (inclusive of
associated works) in a timber plantation or
in a forested area of 1 hectare or more
during a five-year period;
(c) The establishment, modification,
expansion, decommissioning or
abandonment of a sawmill.
6 Establishment of a fruit or vegetable farm The establishment, or expansion of a
vegetable crop or fruit farm of an area in
excess of 2 hectares during a two-year
period.
7 Generation of electricity The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of an electricity generating plant
with a capacity of 50 megawatts or greater.
8 Clearing, excavation, grading and land filling
9 Waterproofing/caulking/paving The establishment of a paved area (inclusive
of associated works) of more than 4, 500
square metres during a two-year period.
Except for the purposes of mining, processing or
storage of clay, andesite, porcellanite, limestone,
oil sand, sand(s), gravel or other non-metallic
minerals in respect of an area of less than one
hundred and fifty acres—
(a) the clearing, excavation, grading or land
filling of an area of more than 2 hectares
during a two-year period;
(b) the clearing of more than one-half a
hectare of a forested area during a
two-year period; or
(c) the clearing, excavation, grading or land
filling of any area with a gradient of 1:4 or
more.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order [Subsidiary]
Environmental Management Chap. 35:05 137
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
ACTIVITY DEFINITION
10 Establishment of institutional facilities and
other facilities
(a) The establishment, decommissioning or
abandonment (inclusive of associated
works) of the following facilities with a
capacity for 500 or more persons including
staff:
(i) institutional facilities such as an
educational facility, a hospital, a
health centre, a nursing home, a
prison/correctional facility; and
(ii) other facilities such as sporting
complexes, shopping malls, etc.
(b) The modification or expansion (inclusive
of associated works) of the following
facilities in order to cater for 500 or more
persons including staff:
(i) institutional facilities such as an
educational facility, a hospital, a
health centre, a nursing home, a
prison/correctional facility; and
(ii) other facilities such as sporting
complexes, shopping malls, etc.
11 Establishment of hotels, guesthouses, etc. The establishment, modification,
expansion, or decommissioning or
abandonment (inclusive of associated
works) of an hotel, inn, etc., with a capacity
of 30 rooms or more.
12 Land reclamation The reclamation of land (inclusive of
associated works).
13 Coastal or offshore construction or
modification and dredging activities
(a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of marinas, piers, slipways, jetties
or other coastal features;
(b) The establishment, modification, or
expansion (inclusive of associated works)
of artificial reefs or other offshore
structures;
(c) The dredging or cutting of coastal or
marine areas.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order[Subsidiary]
138 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
17 Establishment of a facility for alcoholic
beverages, wines and spirits
(DESIGNATED ACTIVITIES)—Continued
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a distillery, brewery or other
facility for the manufacture of alcoholic
beverages, wines and spirits.
ACTIVITY DEFINITION
14 Manufacture or processing of foods, food
products and condiments.
(a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a facility for the processing,
canning, bottling or packaging of meats or
fish (and their associated products);
(b) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a facility for the processing,
canning, bottling or packaging of 10 tonnes
per year or more of the following:
dairy products; margarines or vegetable
oils; fruits, vegetables; fruit or vegetable
juices; jams, jellies, pastes or sauces;
preserves-products, fruits or vegetables;
pre-cooked meats, fruits or meals;
carbonated beverages; artificially
flavoured beverages; coffee or coffee
related products; cocoa or cocoa related
products; sugar confectionery; baked
products; spices, seasonings, flavouring
extracts and other condiments.
15 Establishment of a facility for granaries and
grain mills
The establishment, modification,
decommissioning, abandonment or
expansion (inclusive of associated works)
of a granary or grain mill.
16 Establishment of a facility for sugar The establishment, modification,
decommissioning, abandonment or
expansion (inclusive of associated works)
of a sugar manufacturing or refining facility.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order [Subsidiary]
Environmental Management Chap. 35:05 139
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
ACTIVITY DEFINITION
18 Establishment of a facility for materials used
in construction
(a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a plant for the manufacture of raw
materials or products used in construction;
(b) The establishment, modification, expansion,
decommissioning or abandonment (inclusive
of associated works) of a facility for the
packaging/containment of asphalt and cement.
19 Establishment of a facility for petroleum
products, petrochemicals or petrochemical
products.
The establishment, modification, expansion,
decommissioning or abandonment
(inclusive of associated works) of a facility
for the manufacture of petrochemicals;
petrochemical products; petroleum
products, including asphalt or bitumen.
(a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a chemical manufacturing plant;
(b) The establishment (inclusive of associated
works) modification, or abandonment of
an industrial gas production, processing,
compression or liquefaction plant;
(c) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a facility for the manufacture or
assembly of: paints, coatings or allied
products; pharmaceutical or cosmetic
products; household products; personal
hygiene products; textiles; fibres or fibre
products; dyes; inks; wearing apparel;
paper or paper products; furniture or
household fixtures; plastic or plastic
products; rubber products; batteries or
associated components; automobiles;
automotive spare parts or components;
adhesives or adhesive products; polymers
or polymer products; glass or associated
products; appliances or components;
electrical products or components; asbestos
or asbestos containing products; or leather;
(d) The establishment, modification, expansion,
decommissioning or abandonment
(inclusive of associated works) of a facility
for printing and packaging.
20 Manufacture of goods and products other than
petroleum products, petrochemicals or
petrochemical products
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order[Subsidiary]
140 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
23 Establishment of a facility for non-metallic
mining and processing
(DESIGNATED ACTIVITIES)—Continued
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a facility for the mining,
processing or storage of clay, andesite,
porcellanite, limestone, oil sand, sand(s),
gravel or other non-metallic minerals.
24 Exploration for crude oil or natural gas The conduct of all works related to this
activity.
25 Establishment of a facility for primary or
secondary production of crude oil, condensate
or associated gas
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a facility for the extraction or
production of crude oil or production of
associated gas or condensates.
26 Establishment of a facility for natural gas or
condensate production
(a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a facility for natural gas or
condensate production;
(b) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a natural gas compression,
blending or liquefaction facility.
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a facility for the production or
reforming of metals or related products
(including lead recovery from batteries).
ACTIVITY DEFINITION
21 Establishment of a facility for production or
refining of metals or their related products
22 Establishment of a facility for metal ore mining
and processing
The establishment, modification, expansion,
decommissioning or abandonment
(inclusive of associated works) of a facility
for the extraction, or processing or storage
of metal ore.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order [Subsidiary]
Environmental Management Chap. 35:05 141
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
ACTIVITY DEFINITION
27 Establishment of infrastructure for pipeline
systems
The establishment, modification or
expansion (inclusive of associated works)
of a pipeline or pipeline systems for
transmission of produced fluids, crude oil
or natural gas.
28 Establishment of infrastructure for crude oil
refining
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of crude oil refinery.
29 Establishment of infrastructure for the storage
of petroleum or liquid petroleum gas or their
derivatives
The installation, expansion,
decommissioning or abandonment
(inclusive of associated works) of a
storage facility with a gross capacity of
more than 500 barrels.
30 Establishment of infrastructure for receipt and
transmission of electromagnetic waves
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of satellite to earth stations for the
purpose of rendering communication
services to the public.
31 Establishment of parks, nature trails and other
recreational areas
(a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a park, nature trail, board walk
or other recreational facility supporting a
potential visitor use 500 or more
individuals per day;
(b) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a golf course.
32 Establishment of infrastructure for air
transportation
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of an airport, heliport, aerodrome
or landing strip.
33 Establishment of infrastructure for land
transportation
(a) The establishment (inclusive of associated
works) of a road of more than 1 kilometre
in length;
(b) The extension/expansion (inclusive of
associated works) of a road by more than
1 km or by 35% or more of its length or
width.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order[Subsidiary]
142 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(DESIGNATED ACTIVITIES)—Continued
35 Establishment of a facility for solid waste
disposal
36 Establishment of a facility for hazardous or
toxic substance handling
The establishment, modification, expansion,
decommissioning or abandonment of a
facility for handling, storage, treatment or
disposal of hazardous substances.
37 Recovery, recycling or incineration of waste
(a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a facility for the catchment,
abstraction or treatment for distribution of
potable or process water;
(b) The establishment, modification,
decommissioning or abandonment of
waterwells or other infrastructure (inclusive
of associated works) to make available
potable or process water;
38 Catchment, abstraction or treatment of
potable/process water
(c) The establishment, modification,
expansion, decommissioning or
abandonment of a desalination plant.
The establishment, modification,
expansion, decommissioning or
abandonment of a solid waste disposal
facility inclusive of the disposal of
industrial waste, aircraft and ship
generated waste.
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a facility for the recovery or
recycling or incineration of waste.
39 Establishment of surface impoundments, dams
or reservoirs for storage of water
The establishment, modification, expansion,
decommissioning or abandonment
(inclusive of associated works) of surface
impoundments, dams or reservoirs for
storage of water.
ACTIVITY DEFINITION
34 Establishment of infrastructure for marine
transportation
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a marine terminal,
harbour/port or facilities for dry-
docking or ship repair or construction.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order [Subsidiary]
Environmental Management Chap. 35:05 143
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(a) The establishment, modification, or
expansion (inclusive of associated works)
of a land drainage or irrigation scheme for
a parcel of land or more than 1 hectare
during a two-year period;
(b) The establishment of a flood control
system or a water supply impoundment for
a parcel of land of more than 1 hectare
during a two-year period;
(c) The realignment or modification of drainage
or river systems.
(a) The establishment, modification, expansion,
decommissioning or abandonment
(inclusive of associated works) of pipeline
distribution systems for the delivery of
potable, process water or sewage;
(b) The laying of water and sewage mains
(inclusive of associated works) along an
existing or a new right of way for distances of
more than 1 kilometre during a two-year period.
ACTIVITY DEFINITION
40 Establishment of water distribution systems
41 Establishment of land drainage and irrigation
schemes
42 Establishment of waste water or sewage
treatment facilities
The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of a waste water or sewage
treatment facility.
(a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of an automotive repair garage,
autobody shops, gasoline/service stations
or vehicle inspection stations;
(b) The establishment, modification, expansion,
decommissioning or abandonment of a
laundry (wet or dry cleaning);
(c) The establishment, modification,
decommissioning or abandonment (inclusive
of associated works) of a commercial
kitchen with a water consumption of 9 cubic
metres or more per day;
(d) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) of chemical or medical or other
scientific research laboratories.
43 Provision of other service-oriented activities
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Designated Activities) Order[Subsidiary]
144 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
ACTIVITY DEFINITION
44 Cemeteries and Crematoriums (a) The establishment, modification,
expansion, decommissioning or
abandonment (inclusive of associated
works) or burial grounds for human
remains with an area of 500 squares
metres or more;
(b) The establishment, modification, expansion,
decommissioning or abandonment
(inclusive of associated works) of crematoria
or pyre sites for human remains.
(DESIGNATED ACTIVITIES)—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Environmental Management Chap. 35:05 145
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
CERTIFICATE OF ENVIRONMENTAL CLEARANCE
(FEES AND CHARGES) REGULATIONS
made under section 96(2)
1. These Regulations may be cited as the Certificate of
Environmental Clearance (Fees and Charges) Regulations.
2. In these Regulations—
“activity” means an activity listed in the Schedule to the Order;
“Certificate” means a Certificate of Environmental Clearance
issued under section 36(1) of the Act;
“EIA” means an environmental impact assessment;
“Order” means the Certificate of Environmental Clearance
(Designated Activities) Order;
“rule” means a rule of the Certificate of Environmental Clearance
Rules;
“TOR” means the terms of reference for an EIA.
3. The fee payable to the Authority for and in relation to—
(a) an application under rule 3(1) is $500.00;
(b) an extract from the Register under rule 9(2) is
$0.50 per page; and
(c) a transfer of Certificate under rule 11(3) is
$500.00.
4. (1) The charges payable to the Authority for and in
relation to the processing of an EIA under rules 4(1)(d) and
5(1)(c) are as follows:
(a) in respect of activities listed in items 1, 2, 3, 4,
5, 6, 10, 11, and 31 is $5,000.00;
(b) in respect of activities listed in items 7, 8, 9, 13,
14, 15, 16, 17, 18, 33, 38 and 43 is $10,000.00;
(c) in respect of activities listed in items 22, 23, 30,
32, 35, 37, 40, 41 and 44 is $20,000.00; and
91/2001.
[217/2001].
Citation.
Interpretation.
Sub. Leg.
Sub. Leg.
Fees.
Charges.
[217/2001].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Certificate of Environmental Clearance (Fees and Charges) Regulations[Subsidiary]
146 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(d) in respect of activities listed in items 12, 19, 20,
21, 24, 25, 26, 27, 28, 29, 34, 36, 39 and 42, is
a minimum of $100,000.00 and a maximum of
$600,000.00.
(2) The services for which charges are payable include
consideration of applications under rules 4 to 7, the use of
specialised expertise external to the Authority, site inspections
and the preparation of TOR under rule 5.
(3) Charges paid to the Authority pursuant to 4(1)(d)
above, where it exceeds $100,000.00 shall require a statement of
expenses from the Authority identifying the cost items that resulted
in the charges exceeding $100,000.00.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Environmental Management Chap. 35:05 147
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
ENVIRONMENTAL COMMISSION RULES OF
PRACTICE AND PROCEDURE
ARRANGEMENT OF RULES
RULE
1. Citation, Application and Definitions.
2. Time.
3. Administration.
4. The Registrar.
5. Commencement of Proceedings.
6. Service.
7. Preliminary Hearing and Conference.
8. Adjournments.
9. Interlocutory Applications.
10. Mediation.
11. Hearing Procedure.
12. Evidence.
13. Stay.
14. Joinder of Parties and Interventions.
15. Discontinuance or Withdrawal.
16. Burden of Proof.
17. Costs.
18. Site Visit and Inspection.
19. Decisions, Judgments and Orders of the Commission.
20. Appeals from Decisions of the Commission.
21. Transitional Provisions.
SCHEDULE I.
SCHEDULE II.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
148 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
ENVIRONMENTAL COMMISSION RULES OF
PRACTICE AND PROCEDURE
made under section 84(15)
1. CITATION, APPLICATION AND DEFINITIONS
1.1 These Rules may be cited as the Environmental
Commission (Practice and Procedure) Rules.
1.2 A rule may be referred to by the number given to it.
1.3 These Rules apply to all proceedings mutatis mutandis
before the Commission.
1.4 The Commission may exercise any of its powers under
these Rules on its own initiative or at the request of any party.
1.5 In any proceedings before the Commission, directions
may be given as to the procedure to be followed in respect of a
matter not dealt with by the Act or these Rules. Such directions
may be guided by the Rules of the Supreme Court 1975.
1.6 No proceeding is invalid by reason only of a defect or
other irregularity in form.
1.7 In these Rules—
“Act” means the Environmental Management Act;
“applicant” includes any person who files proceedings original,
interlocutory or appellate as permitted by the Act;
“Authority” means the Environmental Management Authority
established under section 6 of the Act;
“Commission” means the Environmental Commission
established under section 81 of the Act, and includes a panel
thereof or individual member of the Environmental
Commission as permitted by the Act;
“conference” means a meeting conducted by a member of the
Commission which is part of the proceedings, (but not part
135/2002.
Citation.
Reference to
a Rule.
Application
of Rules.
Definitions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 149
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
of the hearing) held for several purposes, including the
identification of issues, the scheduling of the delivery of
documents, the mediation or settlement of some or all of the
issues in dispute;
“document” includes—
(a) a notice of hearing, forms, correspondence,
memoranda, files, books of account,
agreements, reports, charts, graphs, and any
other written or pictorial communication;
(b) a sound recording, videotape, photograph, map,
plan, survey or like thing;
(c) information recorded or stored by means of any
device, including computer files; and
(d) facsimiles or copies of documents;
“fax” means electronic transmission of a facsimile of a document;
“file” means to lodge at the Registry, in the form and condition
acceptable to the Registrar, together with payment of the
prescribed fee (if any);
“hearing” means the hearing of the proceedings before the
Commission for which notice has been given in which the
Commission is empowered to make a final determination of
the proceedings, or the hearing of an interlocutory
application in advance of such hearing;
“interlocutory application” means a request for the ruling of the
Commission or decision on a particular issue at any stage
within a proceeding or intended proceeding, and includes an
application for a stay or an interim stay of an order or
decision of the Authority or of the Commission;
“mediation” includes all forms of facilitation, settlement
conferences and other forms of negotiation;
“notice of proceedings” means a notice, the filing and sealing
of which in the Registry commences a proceeding before
the Commission;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
150 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
“party” means—
(a) the applicant in original, interlocutory or
appellate proceedings;
(b) the person whose decision is the subject of the
notice of the appeal before the Commission; and
(c) for the purpose of these Rules, any person
whom the Commission determines to be a party;
“representative” means an Attorney-at-law or an agent duly
authorised to represent a person in a proceeding.
2. TIME
2.1 A period of time fixed by these Rules or by a judgment,
decision or order or by a document in any proceedings is to be
reckoned in accordance with this Rule.
2.2 If a time of one day or longer is to be reckoned by reference
to a given day or event, the given day or event is not to be counted.
2.3 If a period is five days or less and would (but for this
subrule) include a day on which the Registry is closed, the day is
not to be counted.
2.4 If the last day for doing a thing is a day on which the
Registry is closed, the thing may be done on the next day on
which the Registry is open.
2.5 The Commission may by order and on terms, extend or
abridge any time fixed by these Rules or by any judgment,
decision or order, of the Commission.
2.6 The Registrar with the consent of the parties may by order
and on terms, extend or abridge any time fixed by these Rules.
2.7 Time may be extended under this rule before or after the
time expires, whether an application for the extension is made
before or after the time expires.
Extension or
abridgement
of time.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 151
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
3. ADMINISTRATION
3.1 There shall be a Registry for the Commission in Port-of-
Spain and in any other place as may hereafter be determined by
the Chairman.
3.2 The Registry shall be under the control and direction of
the Registrar. In exercising that control and direction, the
Registrar is to obey any direction by the Chairman.
3.3 The Seal of the Commission shall be an impressed
seal with the wording “The Seal of the Environment Commission
of Trinidad and Tobago”. The Registrar shall have custody of
the Seal.
3.4 Orders of the Commission (or copies of them) when
issued out of the Commission and warrants of the Commission
shall be sealed with the Seal of the Commission.
3.5 The places, dates and times of the sittings of the
Commission are to be published if, and in such manner, as the
Chairman directs.
3.6 The Commission shall observe the same vacation periods
as the Supreme Court of Judicature of Trinidad and Tobago.
3.7 This Rule does not affect any right to leave or extended
leave, of any member of the Commission or officer of the
Commission.
3.8 The offices of the Commission shall be open on every
day of the year except—
(a) Saturdays and Sundays;
(b) Carnival Monday and Tuesday;
(c) public holidays;
(d) the next working day after Christmas day; and
(e) Tuesday after Easter,
Registry.
Seal of the
Commission.
Sittings of the
Commission.
Vacation and
office hours.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
152 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
between 8.00 a.m. and 4.00 p.m. However, if the Chairman gives
directions as to opening at other times and other days, the
Registrar shall follow those directions.
4. THE REGISTRAR
4.1 The Registrar shall keep the books, files and other
records of the Commission and is to ensure that the appropriate
entries are made in them. The Registrar shall retain custody of all
documents filed in any proceedings.
4.2 The Registrar shall issue and sign the process of
the Commission.
4.3 The Registrar shall keep an account of all fees, fines
and money paid or payable into the Commission, give such
receipts as are required under any law, and pay out any money to
which a party is entitled.
4.4 The Registrar shall produce to an officer authorised by the
Auditor General any book, file, or other record kept by the
Registrar (whether or not it is a book of account) which the officer
requires to be produced in the course of the officer’s duties.
4.5 The Registrar may delegate any of the functions referred
to in subrules 4.1–4.4 to any other officer in the Registry as the
Registrar sees fit.
4.6 Except where otherwise expressly provided by the Act,
these Rules, or any Practice Direction, the Registrar may exercise
the powers of the Commission to make any order which the
Commission may make, being an order consented to—
(a) by the parties to the application for the order; and
(b) by any other person who will be required to
comply with the order or to permit anything to
be done under the order.
Documentation
kept or issued
by the Registrar.
Registrar’s
orders by
consent.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 153
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
4.7 The Commission may by order direct the Registrar or any
other officer of the Commission to do or to refrain from doing, in any
proceedings, any act relating to the duties of the officer’s office.
4.8 An application for an order under rule 4.7 is to be made
by affidavit filed in the proceedings and served upon the
officer concerned.
4.9 The Registrar may, of his own motion or on an application
by a party, refer any proceedings before him to the Commission.
4.10 The Commission, before the conclusion of any
proceedings before the Registrar, may on application by a party,
order that the proceedings be removed into the Commission.
4.11 Upon the referral of any proceedings to the
Commission under rule 4.9 or the removal under rule 4.10, the
Commission may—
(a) hear and determine any matter in the
proceedings in respect of which the proceedings
were before the Registrar;
(b) determine any question arising in the proceedings
and remit the proceedings to the Registrar with
such directions as the Commission thinks fit;
(c) on the application of a party, dismiss or strike
out a matter for want of prosecution, where it is
deemed to have lapsed by reason that it has
remained dormant without any step in its
progress having been taken for a period of
ninety (90) days. The matter will be reinstated if
the party provides good and sufficient reason so
to do and subject to the payment of costs
including the costs of the Commission; or
(d) accept or continue an undertaking given to
the Commission.
Direction to
Registrar or to
other officer.
Referral of
proceedings to
Commission.
Removal of
proceedings to
Commission.
Disposal of
referred or
removed
proceedings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
154 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
4.12 If the Registrar gives a direction, makes an order or does
any act in any proceedings, the Commission may, on application
by any party, review the direction, order or act, and make such
order by way of confirmation, variation, discharge or otherwise
as the Commission directs.
5. COMMENCEMENT OF PROCEEDINGS
5.1 Proceedings are commenced by filing at the Registry
the original and four copies of one of the following Notices
of Proceedings:
(a) Notice of Application (see Schedule I, Form 1);
(b) Notice of Appeal (see Schedule I, Form 2);
(c) Notice of Application for Administrative Civil
Assessment under section 66 of the Act
(see Schedule I, Form 3); or
(d) Notice of Direct Private Party Action under
section 69 of the Act (see Schedule I, Form 4).
5.2 A Notice of Application shall—
(a) include a title of the application;
(b) include a full description of the nature of
the application;
(c) specify any remedy that is being sought by
the applicant;
(d) state the name and address of all persons intended
to be served with the notice of application;
(e) state whether the proceedings are filed out of
time and if so, shall be endorsed with a reason
for a late filing; and
(f) be accompanied by the decision, order of
designation, Consent Agreement or
Administrative Order of the Authority.
5.3 (1) A Notice of Appeal shall include—
(a) a statement of the order or decision appealed against;
Review of
Registrar’s
Action.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 155
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) the provision of the Act under which the notice
of appeal is submitted;
(c) the name and title of the person whose decision
is the subject of the notice of appeal and the
details of the decision objected to;
(d) the grounds of appeal including the reasons why
the appellant objects to the decision;
(e) a description of the relief requested by the
person objecting;
(f) the signature of the person objecting, or the
person’s agent; and
(g) an address for service for the person objecting.
(2) A Notice of Appeal shall be filed within 28 days of
the date of service of the order or decision against which the
appeal is filed and must be accompanied by—
(a) a copy of the order or decision of the Authority;
(b) a list of the names and addresses of all owners
of property within 120 metres of the boundary
of the property which is the subject of the order
or decision; and
(c) a list of the names and addresses of any other
persons who should be notified of the proceedings
because they may have an interest in the outcome.
5.4 A Notice of Application for Administrative Civil
Assessment shall include—
(a) the same particulars as required under rule 5.2
and the relevant particulars under section 66 of
the Act; and
(b) the Administrative Order.
5.5 A Notice of Direct Private Party Action shall include—
(a) the same particulars as required under rule 5.2;
(b) the notice of violation alleged;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
156 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(c) proof of written notice of alleged violation to
the Managing Director of the Authority in
compliance with section 69(1)(a) of the Act; and
(d) proof of compliance with section 69(1)(b) of
the Act.
6. SERVICE
6.1 A sealed notice of proceedings must be personally served
on each respondent together with the copies of all accompanying
documents within 14 days of filing.
6.2 Personal service on a party may be effected by delivering
a copy to the party personally.
6.3 A copy may be delivered to a person by handing it to the
person or by leaving it in the person’s presence and informing the
person of its nature.
6.4 Except where personal service is required, service on a
party may be effected by delivering a copy at the residence or
place of business of the party to a person apparently not less than
sixteen years old and apparently residing at that residence or
employed at that place of business.
6.5 For service of a document to be regular it is not necessary
for the original to be produced to any person.
6.6 Documents other than a notice of proceedings may be
served on a party by the server or his agent unless the
Commission orders otherwise.
6.7 Where a document other than a notice of proceedings is
to be served on any person, it may be served by any of the
following methods:
(a) personal service in accordance with
rule 6.1–6.3;
(b) registered mail;
Mode of
Service of
Notice of
Proceedings.
Service of other
documents.
Mode of
Service of Other
Documents.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 157
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(c) delivery by courier service;
(d) facsimile transmission; or
(e) E-mail.
6.8 If a party has given an address at which documents for
him shall be served, the documents must be delivered or posted
to him at that address.
6.9 If the party has given a facsimile transmission number in
his address for service the documents shall be sent to him by
facsimile transmission to that number.
6.10 If a party to be served has not given an Address at which
documents for him shall be served, documents shall be served at—
(a) the business address of any attorney who
purports to act for him in the proceedings;
(b) in the case of an individual, his usual or last
known place of residence; or
(c) in the case of a proprietor of a business, either—
(i) his usual or last known place of
residence; or
(ii) his place or last known place of business.
6.11 A party may change the address for service by filing and
serving a notice of the change showing the new address for service.
6.12 Service cannot be effected on a Sunday or any public
holiday, unless authorised by the Chairman.
6.13 In the case of a doubtful service, the Commission may
not allow any fresh steps in proceedings to be taken against a
party, and may adjourn or strike out the proceedings, or order
fresh process to issue, as it considers just.
6.14 In subrule 6.13 “doubtful service” refers to a case where
service of any document on a party has not been personal, and the
Commission is satisfied on the evidence before it that the document
Address for
Service.
Days when
Service cannot
be effected.
Doubtful
Service.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
158 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
either did not come to the knowledge of the party within
reasonable time, or on that evidence, that the service is in doubt.
6.15 If for any reason it is impractical to effect service of a
document on a person in any of the modes prescribed in this rule
for that service, the Commission may, on application supported
by an affidavit showing grounds, direct that, instead of service,
such steps be taken as specified in the order for the purpose of
bringing the document to the notice of the person.
6.16 If the Commission makes an order under this rule, it may
order that service be taken to be effected on the happening of any
specified event, or on the expiry of any specified time.
6.17 If it is impractical for any reason to effect service of a
document, but steps have been taken for the purpose of
bringing, or having a tendency to bring the document to the
notice of the party, the Commission may, if it thinks fit, direct
that the service be deemed to have been effected on a date
specified in the order (e.g., fourteen days after posting the
document is deemed to be served).
6.18 The Commission may dispense with service of a
document if it is appropriate to do so.
6.19 If an Attorney endorses on any process a note that he
accepts service of the process on behalf of any person, process is
taken to have been duly served on the person on the date on
which a copy of the process was delivered to the Attorney or left
at the Attorney’s office.
6.20 Delivery of a copy of a document in proceedings to a
party’s Attorney, or leaving a copy at the Attorney’s office, or
sending a copy by post addressed to the Attorney at the Attorney’s
office, is taken to be good service of the document on the party as
on the day when the copy is delivered or left, or would have been
delivered in the ordinary course of post, as the case may require.
Substituted
Service.
Deemed
Service.
Service on
Attorney-at-law.
Service on
Attorney-at-law
(Other
Documents).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 159
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
6.21 Delivery by any particular electronic means to the
Attorney’s office of a reproduction of the document or copy, is
sufficient service on that party as on the day after that delivery, if
the Attorney has indicated in writing that delivery by those means
is acceptable as service.
6.22 Subrules 6.20–6.21 apply in a case where a party has on
the record of any proceedings an Attorney acting for him. These
rules do not apply to or in respect of the service of any originating
process or document if that service must be personal.
6.23 For the purposes of the proof of service, evidence of a
statement by a person of the person’s identity, or that the person
holds some office, as evidence of that identity or that the person
holds the office, as the case may be, shall be admissible.
6.24 Service on a company which is a party may be effected
by delivery to a director, officer, receiver, receiver-manager or
liquidator or to the general manager of the company, or its
registered office.
6.25 Subrule 6.24 applies where no other law applies to
service on the company.
6.26 If a person is carrying on a business within Trinidad and
Tobago under a business name not registered under the
Registration of Business Names Act, any process or document
relating to any proceeding may be served on such person—
(a) by leaving it at a place within Trinidad and
Tobago where the business is carried on with
someone apparently engaged (whether
employee or otherwise) in the business and
apparently not less than sixteen years old; or
(b) by sending it by registered mail addressed to the
business name, or to the person at a place within
Trinidad and Tobago where the business is
carried on.
Identity.
Service on
Companies.
Service on
unregistered
firm.
Ch. 82:85.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
160 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
6.27 This rule applies whether or not the person is named in
the proceedings in his name or in a business name.
6.28 Service according to this rule has effect as personal service.
6.29 Subrules 6.26–6.28 do not limit the operation of the
Registration of Business Names Act, or of any other Act or
Regulation relating to service.
6.30 Upon being served with a notice of proceedings other
than a notice of direct private party action, the Authority shall
within 10 days file with the Commission a list of the names and
addresses of any other persons who the Authority considers
should be notified of the proceedings, because they may have an
interest in the outcome.
6.31 A party other than the Authority served with a notice of
proceedings must file within 28 days of service a statement of
case in opposition to the application and copies of all documents
relevant thereto.
6.32 The Authority upon being served with a Notice of
Application or a Notice of Appeal must file within 28 days a
Reply or Statement of Defence and copies of all documents
relevant thereto.
7. PRELIMINARY HEARING AND CONFERENCE
7.1 A Preliminary hearing may be held to deal with any of
the following:
(a) identifying parties and other interested persons
and the scope of their participation in the
hearing;
(b) determining the length, schedule and the
location of the hearing;
(c) determining whether the hearing will be
conducted orally, electronically or in writing;
Ch. 82:85.
Response to
Service of
Proceedings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 161
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(d) hearing preliminary interlocutory applications,
including interlocutory applications to dismiss
for non-compliance;
(e) addressing procedural issues;
(f) identifying, defining and simplifying issues;
(g) arranging for the exchange among parties of all
documents relevant to the proceeding;
(h) identifying witnesses;
(i) establishing facts or evidence that may be
agreed on;
(j) parties agreeing on a joint expert;
(k) scheduling an alternative dispute resolution
process (most probably mediation) prior to the
date set for the hearing; and
(l) any other matters that may assist in the just and
expeditious disposition of the proceedings.
7.2 Any representative attending a preliminary hearing or
conference must have the authority to make procedural or
other agreements and give undertakings respecting the matters to
be addressed.
8. ADJOURNMENTS
8.1 If, after the notice of the date of hearing of any
proceedings has been given, the parties want an adjournment,
they should communicate with the Registrar at least five
days before the date of hearing or its continuance, stating the
grounds for an adjournment. However, such a request for
adjournment, though by consent, may not necessarily be
granted. If an adjournment is sought at a late stage, the
Commission may order payment of costs, including the costs
of the Commission. In granting or refusing an adjournment
the Commission may impose such conditions as it
considers appropriate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
162 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
9. INTERLOCUTORY APPLICATIONS
9.1 This Rule applies to an interlocutory or other application
in relation to any proceedings, other than an application by which
proceedings are started.
9.2 An interlocutory application in respect of any
proceedings shall be made by filing in the proceedings the
following documents:
(a) an application in Form 5 of the Schedule I;
(b) all affidavits and other documents in support of
the application; and
(c) a draft of the order sought.
9.3 Once the documents are filed as required by this rule, the
Registrar shall, as soon as practicable, submit all documents filed
in the proceedings (including those required by this rule) to the
Chairman or Deputy Chairman of the Commission for
consideration of the application and the hearing thereof.
9.4 The Commission may not hear an interlocutory
application unless the requisite documents have first been filed in
the proceedings and have been served on each party.
9.5 However, a party may move the Commission without
previously filing or serving notice of the interlocutory application—
(a) if the preparation of the application, its filing or
service (as the case may be) would cause undue
delay or other mischief to the applicant;
(b) if each party interested, other than the applicant
consents to the order; or
(c) if the Commission dispenses with the
requirements of rule 9.4.
9.6 Every interlocutory application shall—
(a) state the precise relief sought;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 163
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) state the grounds to be argued, including a
reference to any statutory provision or rule to be
relied on;
(c) list and exhibit the documentary evidence to be
used at the hearing of the application;
(d) name each party to be affected by the order
which is sought; and
(e) bear a note of any previous order made by the
Commission in connection with the subject
matter of the application.
9.7 If an interlocutory application is required to be served,
it must, unless the Commission otherwise orders, be served not
less than three clear days before the date fixed for the hearing of
the application.
9.8 Nothing in these Rules shall prohibit the Commission
from ordering that time be abridged or extended for the service of
an interlocutory application.
9.9 A hearing date shall be obtained from the Registrar
before the application is served and it shall be endorsed on the
copies for service.
9.10 Unless the Commission permits oral evidence, the
evidence in the hearing of an interlocutory application shall be by
affidavit. A party who intends at the hearing to rely on any
affidavit must file the affidavit in the proceeding and serve a copy
on every other interested party (except a party on whom service
of an interlocutory application is dispensed with in accordance
with these Rules) not less than two days before the hearing or
within such period as the Commission may order.
9.11 Every affidavit shall be endorsed with a note showing on
whose behalf it is filed and the dates of swearing and filing, and an
affidavit which is not so endorsed, must not be filed or used without
the leave of the Commission.
Time for
Service.
Hearing date for
Interlocutory
Applications.
Affidavits.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
164 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
9.12 The Commission, on the hearing or adjourned hearing of
any interlocutory application, may make or refuse the order sought
and may make such other order or give directions as may be just.
9.13 An interlocutory application in relation to any
proceedings shall include, so far as is practicable, all or as many
applications as the applicant may wish to make in relation to the
proceedings and having regard to the nature of the proceedings,
can conveniently be dealt with at the same time.
9.14 On the hearing or the adjourned hearing of the
interlocutory application, any respondent is at liberty to make an
application for an order in relation to the proceedings.
9.15 The Commission may either grant or refuse the order
applied for by the respondent, and give such directions as may be
just, or may adjourn the hearing of the application and direct that
notice be given of the application.
9.16 If the Commission grants or refuses any order upon the
hearing or adjourned hearing of an interlocutory application, it
may do so on terms.
10. MEDIATION
10.1 In accordance with section 84(3) of the Act, the
Commission encourages parties to consider mediation and other
alternative dispute resolution procedures. Mediation, which is part
of the proceeding before the Commission but not a part of the
hearing, may be held for the purpose of attempting to reach a
settlement of the issues, or at least their simplification. It is
conducted in confidence, by a member of the Commission,
Commission staff or a person appointed by the Commission. If no
settlement is reached on the issues, the hearing will take place with
no reference to the information disclosed during the mediation,
except with the consent of the parties. The Commissioner who
conducted the mediation may sit or continue to sit as a
Commissioner exercising jurisdiction to hear and determine
the matter.
Hearing of
Interlocutory
Application.
Purpose of
Mediation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 165
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
10.2 Parties may apply to the Commission for referral to
mediation of a matter arising in proceedings at any time after the
commencement of those proceedings.
10.3 If the parties consent to referral to mediation, the
proceedings will stand adjourned to enable the mediation to be
conducted, unless the Commission considers that, in all the
circumstances, they should not be adjourned.
10.4 At least seven days before a mediation session is to
commence, the parties shall exchange statements of the issues that are
in dispute between them and supply copies to the Commission.
10.5 The Member of the Commission or other person to
whom a matter is referred for mediation—
(a) shall, within seven days of being notified of the
referral, in writing, appoint a time and place for
mediation;
(b) may appoint a preliminary meeting of the
parties; and
(c) may give directions relating to preparations for
and the conduct of the mediation.
10.6 A mediation session shall be attended by each party or,
by a representative having authority to settle the matter.
10.7 Other persons may attend a mediation session with the
leave of the mediator.
10.8 The mediator shall within seven days of the conclusion
of the mediation, advise the Commission of that fact but not the
details thereof.
10.9 The parties may advise the Commission of the terms agreed
between them, of any agreement or arrangement arrived at or arising
out of a mediation session.
Time for
Mediation.
Adjournment of
Proceedings.
Statement
of Issue.
Appointments
and Directions.
Attendance and
Representation.
Conclusion and
Outcome of
Mediation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
166 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
10.10 A mediator may terminate a mediation.
10.11 A party may terminate a mediation at any time by giving
notice of the termination to the Commission, the mediator and
every other party.
10.12 If a mediation is terminated, the proceedings are sent to
the Chairman for further directions, if necessary.
10.13 All documents submitted and all statements made at the
mediation are confidential and without prejudice.
10.14 Any confidential documents used at the mediation shall—
(a) not be accessible to the public;
(b) be returned to the party who submitted the
documents after the mediation;
(c) not be considered to be filed in the
proceedings; and
(d) not part of the record.
11. HEARING PROCEDURE
11.1 Every party to a complaint, an application, or appeal,
must file a written submission (five copies) with the Commission
and serve a copy on every other party at least seven days before
the date of hearing.
11.2 A written submission shall contain—
(a) a summary of the facts and evidence to be relied
on by the party;
(b) a list of witnesses to be called on by the party
and a summary of the evidence of each witness
including photographs and other visual
presentations other than models; and
(c) the name, address, telephone and fax numbers of
an Attorney-at-law or other agent acting on behalf
of the other party.
Termination.
Confidentiality.
Written
Submission.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 167
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
11.3 Unless the Commission directs otherwise, at the
beginning of every hearing each party shall give a brief opening
statement that describes the issues that the party will address at
the hearing. The statement should include an outline of the
evidence the party intends to introduce, a list of witnesses, the
topics to be covered and the amount of time required.
11.4 Unless otherwise required by the Commission, the
opening statements will be made in the following order—
(a) the applicant/complainant/appellant;
(b) the Authority;
(c) the Attorney General; and
(d) other parties.
11.5 Unless the Commission directs otherwise, the evidence at a
hearing shall be presented by the parties in the following order:
(a) the applicant/complainant/appellant;
(b) other parties whose interest or position is, in the
opinion of the Commission, similar to that of the
applicant/complainant/appellant;
(c) the Authority’s representative at the hearing;
(d) other parties whose interest or position is, in the
opinion of the Commission, similar to that of
the Authority;
(e) the Attorney General;
(f) the witnesses of the Commission, if any; and
(g) the applicant/complainant/appellant in reply.
11.6 If two or more proceedings before the Commission
involve the same or similar facts, law, or policy, the Commission
may, with the consent of the parties, combine the proceedings or
any part of them or hear the proceedings at the same time.
11.7 A witness having technical or special knowledge, who is
retained by any of the parties before the Commission to give
evidence, shall provide a written curriculum vitae of his
qualifications and experience.
Opening
Statements.
Order of
Presentation.
Combining
Proceedings or
Hearing
Proceedings
together.
Expert
Witnesses.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
168 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
11.8 In hearings, the Commission will not normally qualify a
witness as an expert, but any witness with a degree of specialised
knowledge should reference that knowledge on the curiculum
vitae. Any party may challenge the qualifications of any witness
having technical or specialised knowledge, before or during the
course of his testimony.
11.9 Curricula vitarum shall be filed with the Commission at
least seven days prior to the hearing.
11.10 The Commission, in its discretion, will determine the
weight to be given each witness’ testimony and the witness’
qualifications and experience will be a factor in determining the
weight to be given such testimony.
11.11 Witness summonses (see Schedule I, Form 6) must be
served no later than ten working days before the date of hearing,
except where the witness would attend willingly, and the issue of
a summons is a matter of form, the Commission will not
normally issue a witness summons less than five working days
before the date of hearing.
12. EVIDENCE
12.1 The Commission shall admit any relevant oral or
documentary evidence that is not privileged. Relevant evidence
means evidence having any tendency to make the existence of
any fact that is of consequence to the determination of the
proceeding more probable or less probable than it would be
without the evidence. The Commission may, however, exclude
evidence if its probative value is substantially outweighed by the
danger of unfair prejudice, confusion of the issues, or
considerations of undue delay, waste of time, or needless
presentation or repetition.
12.2 The fact that evidence is deemed admissible does not mean
that it will be determinative of the issue.
Witness
Summonses.
Admissibility.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 169
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
12.3 Where there is full compliance with the Evidence Act
and with any legislation dealing with privilege, the Commission
may limit introduction of evidence or issue such protective or
other order that in its judgment is required to prevent undue
disclosure of classified, confidential or sensitive matters
including but not limited to matters of national security, business,
or of a personal or proprietary nature.
12.4 Where the Commission determines that information in
documents containing classified, confidential or sensitive matters
should be made available to another party, the Commission may
direct the party to prepare an unclassified or non-sensitive
summary or extract of the original. The summary or extract may
be admitted as evidence in the record.
12.5 If the Commission determines that the procedure
described at rule 11.4 is inadequate and that classified or
otherwise sensitive matters must form part of the record in order
to avoid prejudice to a party, the Commission may advise the
parties and provide opportunity for arrangements to permit a
party or representative to have access to such matters.
12.6 The Commission may accept and enter into the record
direct testimony of a witness made by a sworn written statement
rather than by oral presentation at the hearing. A witness whose
testimony is presented by a sworn written statement shall be
available for cross-examination, as may be required.
12.7 Cross-examination shall be limited to the scope of the direct
evidence and subject to the discretion of the Commission, and shall
always be limited to witnesses whose testimony is adverse to the
party desiring to cross-examine. Cross-examination will be permitted
to the extent necessary for full and true disclosure of the facts. The
Commission may, in the exercise of its discretion, permit inquiry into
additional matters as if on direct evidence.
12.8 Evidence of a confidential or sensitive nature or
evidence so deemed can with the leave of the Commission, be
heard in camera.
Confidential and
Sensitive
Information.
Ch. 7:02.
Written
Testimony.
Cross-
examination.
Evidence
in Camera.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
170 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
12.9 A technical witness is a person who gives scientific and
technical observations, tests, measurements and estimates. He
may be able to collect this information because of special training
and expertise, but is not an expert who interprets scientific and
technical evidence and provides opinions.
12.10 An expert witness is someone who has specialised
education, training or experience that qualifies him to reliably
interpret scientific or technical information or to express opinions
about matters for which untrained or inexperienced persons
cannot provide reliable opinions.
12.11 The Commission expects the witness giving technical
evidence to remain within his area of competence. The witness
should not attempt to interpret the meaning or significance of
tests, observations and measurements unless qualified to do so.
The witness should disclose in advance to other parties all
measurements, tests, observations, and data relating to the issues
about which he will give evidence, and disclose in examination-
in-chief all information relevant to the issues before the
Commission, regardless of which party the information appears
to favour.
12.12 The opinion evidence from a properly qualified expert
witness should be based on accurate facts, reliable estimates,
and accepted or tested techniques or methods of investigation,
measurement and analysis.
12.13 Technical witnesses as well as the expert witnesses are
expected to be guided by the practice hereinafter appearing in
Schedule II of these Rules.
12.14 (1) Failure to comply with rules 12.9–12.13 and the
Guidelines for Technical and Expert Witnesses set out in
Schedule II referred to in rule 12.13 may result in, among
other things—
(a) a decision by the Commission to decline to
accept the opinions or evidence of an otherwise
qualified witness;
Technical and
Scientific
Evidence.
The Role of
the Technical
Witness.
The Role of the
Expert Witness.
Evidence of
Technical and
Expert
Witnesses.
Schedule II.
Compliance.
Schedule II.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 171
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) the evidence being admitted and heard, but
accorded little weight;
(c) the Commission intervening to ensure that the
rules are respected; and
(d) the conduct of the witness being noted and may
be subject to adverse comment in the decision
of the Commission.
(2) Where it appears to the Commission that there
has been a breach of professional standards of conduct, an
attempt to mislead, incompetence or negligence, extensive
violation of these Rules, or serious interference with its
process, the Commission may report this to the professional
association or licensing body responsible for compliance with
its standards of conduct.
13. STAY
13.1 A party may apply for a stay of the decision that is the
subject of the notice of appeal, or the decision of the Commission
and the Commission may grant such a stay at its discretion. An
application for a stay shall be in writing, signed by the applicant
or his agent, filed with the Commission and served on all parties
to the original proceedings.
13.2 Upon an application for a stay, the Commission may—
(a) make an order staying the order, decision or
original proceedings;
(b) dismiss the application for a stay; or
(c) issue directions on procedure, inviting
submissions from interested persons on whether
or not a stay should be granted. Directions on
procedure issued shall provide that—
(i) the applicant for a stay shall serve a copy
of the directions on procedure on all
parties to the original proceedings;
(ii) an interested person filing a submission
with the Commission shall serve a copy of
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
172 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
the submission on the applicant for a stay
and all parties to the original proceedings;
(iii) the applicant for a stay be given an
opportunity to reply to any
submissions; and
(iv) the applicant for a stay shall file a copy of
any reply with the Commission and serve
it on all parties to the original
proceedings.
13.3 If the application for the stay relates to the issuing of an
enforcement order or an environmental protection order and is
made by the person who has been issued the order, the
Commission may—
(a) require the Authority to take whatsoever action
the Commission considers necessary to carry
out the terms and conditions of the order, and
determine the costs of doing so; and
(b) require the recipient of the order to provide
security to cover such costs, if the Commission
is of the opinion that immediate and significant
adverse effects may result, if the terms and
conditions of the order are not carried out.
14. JOINDER OF PARTIES AND INTERVENTIONS
14.1 Where any matter or issue connected with the subject
matter of the proceedings should be determined not only as
between the original parties but also as between either or both of
them and a person not already a party, such person may make an
application to intervene in the proceedings or may be joined as a
party on the application of any party.
14.2 Such an application to intervene or to join or be joined
shall be in writing and shall contain in addition to particulars in
rule 9.2, particulars of the person’s interest in the subject matter of
the proceedings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 173
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
14.3 In order to make a determination of an application to
intervene, the Commission shall consider whether—
(a) the applicant’s participation will materially
assist the Commission in deciding the matter
by providing testimony, cross-examining
witnesses, or offering arguments or other
evidence directly relevant to the matter and
whether the applicant has a sufficient interest in
the subject matter of the proceeding and his
intervention will not unnecessarily delay the
progress of the matter;
(b) the applicant’s position is or is not supportive of
the proceedings, complaint or appeal;
(c) the applicant will not repeat or duplicate
evidence presented by other parties; and
(d) if the application is late, there are satisfactory
reasons therefor.
14.4 An appellant who claims or requests (such claim or
request to be in writing) that the Commission vary, revoke, or
provide other relief from the Authority’s decision or order
because of alleged acts or omissions of a person who is not a
party to the appeal shall—
(a) within 10 days of the filing of such claim or
request, serve that person and the Authority with
a Notice of Allegation, including the facts upon
which the appellant relies in support of the
allegation together with copies of all documents
relevant thereto; and
(b) within 7 days thereafter, provide the
Commission with the person’s address,
telephone and fax numbers, and file a copy of
the notice and proof of service.
14.5 A person served with a Notice of Allegation shall within
10 days of receipt thereof, file with the Commission a list of the
names and addresses of any other persons who he considers should
be notified of the proceedings, because they may have an interest
in the outcome.
Action of
Person not a
Party upon
whom a Notice
of Proceedings
is Served.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
174 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
14.6 After service of the Notice of Allegation, the recipient
and/or the Authority shall, within 21 days thereafter—
(a) file an acknowledgement of service (see
Schedule I Form 7) indicating whether he/it
wishes to be heard on the matter or not, and give
an address for service, and if he/it wishes to
accept further service by fax or e-mail, a
telephone number for facsimile transmission or
an e-mail address as may be the case; and
(b) in the event that the recipient and/or the
Authority wishes to be heard on the matter he/it
shall file and serve upon all parties his/its reply
in the matter together with all documents
relevant thereto.
15. DISCONTINUANCE OR WITHDRAWAL
15.1 A party may, with the leave of the Commission or the
consent of the other parties, discontinue or withdraw the whole or
any part of the proceedings brought by him.
15.2 A respondent may with the consent of the applicant, and
all other parties, have the proceedings withdrawn.
15.3 A discontinuance or withdrawal shall be made by filing a
notice stating the extent of the discontinuance or withdrawal.
15.4 If the discontinuance or withdrawal is by consent, the
consent shall be endorsed by each consenting party on the notice
before filing.
15.5 Where leave of the Commission is sought to discontinue
or withdraw, an application in that behalf shall be made and
notice of such application shall be served on all parties.
16. BURDEN OF PROOF
16.1 In a case in which the Commission hears evidence, any
party offering such evidence shall have the burden of introducing
Discontinuance.
Withdrawal.
Mode of
discontinuance
or withdrawal.
Service.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 175
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
appropriate evidence to support its position. Where there is
conflicting evidence, the Commission shall decide which
evidence to accept and generally act on the preponderance of the
evidence.
17. COSTS
17.1 Any party to a proceeding before the Commission may
make an application for an award of costs on an interim or final
basis. A party, in the preparation and presentation of his
submissions, may make an application for all costs that are
reasonable and are directly and primarily related to the matters in
the Application or Notice of Appeal or Direct Private Party Action.
17.2 An application for an award of interim costs may be
made by a party at any time prior to the close of hearing.
17.3 An application for interim costs shall contain sufficient
information to demonstrate to the Commission that interim costs
are necessary in order to assist the party in effectively preparing
its submissions at a hearing.
17.4 An award of interim costs is subject to a redetermination
in an award of final costs.
17.5 No party shall be entitled to recover any costs of or
incidental to any proceedings from any other party to the
proceedings, except under an order of the Commission. If the
Commission in the exercise of its discretion sees fit to make any
order as to the costs of and incidental to any proceedings, the
Commission shall order that costs follow the event, except when
it appears to the Commission that in the circumstances of the
proceedings some other order should be made as to the whole or
any part of the costs.
18. SITE VISIT AND INSPECTION
18.1 The Commission may make one or more site visits or
inspections to better understand the evidence given at the hearing,
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
176 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
and may in each case issue directions for the procedures to be
followed during the site visit or inspection.
19. DECISIONS, JUDGMENTS AND ORDERS
OF THE COMMISSION
19.1 In this Rule “order” includes a decision or judgment.
19.2 The Commission may, at any stage of any proceedings,
on the application of any party, make such order as the nature of
the case requires.
19.3 The Commission may do so even if the applicant did not
make a claim for relief extending to that order.
19.4 (1) A minute of the final order disposing of the
proceedings shall be signed, sealed and filed by the Registrar.
(2) The Registrar shall prepare, sign and seal a minute
of any other order when directed by the Commission to do so.
19.5 A final order disposing of any proceedings takes
effect when it is given or made, unless otherwise ordered by
the Commission.
19.6 An order, which requires a person to do an act other than
the payment of money, shall specify the time within which the
person is required to do the act.
19.7 The time shall be 7 days after the date of service of a
copy of the order on the person required to do the act, unless the
Commission otherwise orders.
19.8 The Commission may, by a later order, require the person
to do the act within another specified time.
19.9 The Commission may, on terms, set aside or vary an
order in any of the following cases:
(a) if the order has been made in the absence of a
party, whether or not the absent party is in default
General relief.
Minute of
decision.
Time of effect.
Time for
compliance with
orders not
relating to
money.
Setting aside,
or varying
an order.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 177
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
of appearance or otherwise in default, and
whether or not the absent party had notice of the
application for the order;
(b) if the application for setting aside or variation is
filed before the signing, sealing and filing of the
minute under subrule 19.4;
(c) if the order was obtained by fraud;
(d) if the order is interlocutory;
(e) if the order through mistake or error does not
reflect the intention of the Commission; or
(f) if the party in whose favour the order was
made consents.
20. APPEALS FROM DECISIONS OF THE COMMISSION
20.1 A party wishing to appeal a decision of the Commission
shall comply with the provisions of section 87 of the Act.
21. TRANSITIONAL PROVISIONS
21.1 Any proceedings pending before the Environmental
Commission prior to the commencement of these Rules shall be
deemed to have been commenced and shall be continued in
accordance with these Rules.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
178 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
SCHEDULE I
FORM 1
NOTICE OF APPLICATION
REPUBLIC OF TRINIDAD AND TOBAGO
IN THE ENVIRONMENTAL COMMISSION
No. of 20
Between
Applicant
and
Respondent
To:
LET the Respondent ..................................................................... attend before the
Environmental Commission at (address) on the .................................................... day of
......................................., 20....., at ........o’clock, on the hearing of an application by the
Applicant that (description of the application), (specify remedy/remedies being sought
in a full Statement of Case).
Note: If a Respondent does not attend personally or by his Attorney-at-law at the time
and place above-mentioned, such order will be made as the Commission may
think just and expedient.
Dated the .................... day of .........................................................., 20.......
Attorneys-at-law
(Address)
Attorneys-at-law for the Applicant
Tel. No.:
Fax No.:
E-mail:
(Or where the Applicant sues in person)
This Application was taken out by the said applicant who resides at
...................................... and is (state occupation) and (if the applicant resides out of the
jurisdiction) whose address for service is .........................................................................
Note: This Application may not be served later than twelve (12) calendar months
beginning with the above date unless renewed by order of the Commission.
This Application was taken out (name of firm of Attorneys) for the applicant,
whose address for service is .............................................................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 179
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
DIRECTIONS FOR DEFENDING
The Respondent may file a Statement of Defence in person or by an Attorney-at-
law either (1) by handing in the appropriate form duly completed at the Environmental
Commission, Port-of-Spain; or (2) sending it to that office by post within 28 days of
the date of service upon him of the application herein.
This Application was served by me at ......................................................................
on the ...................................................... Respondent .....................................................
on the ..................................................... day of ..................................................., 20......
Endorsed the .......................................... day of .................................................., 20.......
How identified .................................................................................................................
..........................................................................................................................................
(Signed)
(Address)
Note:
(i) This Notice of Application must include a title of the application.
(ii) A full description of the nature of the application, for example, Statement
of Case.
(iii) State the names and addresses of all the persons intended to be served
with a notice of the application/Statement of Case.
(iv) State whether the application was filed out of time and if so, must be
endorsed with a reason for late filing.
(v) The notice must be accompanied by the decision, order of designation,
consent agreement, or Administrative Order of the Environmental
Management Authority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
180 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
FORM 2
NOTICE OF APPEAL
REPUBLIC OF TRINIDAD AND TOBAGO
IN THE ENVIRONMENTAL COMMISSION
No. of 20
Between
Applicant
and
Respondent
1. TAKE NOTICE that the Appellant, being dissatisfied with the decision more
particularly stated in paragraph 2 hereof of the order of the Environmental
Management Authority made on the .................... day of ....................20....., do hereby
appeal the Environmental Commission upon the grounds set out in paragraph 3 and will
at the hearing of the Appeal seek the relief set out in paragraph 4.
And the Applicant/Appellant further states that the names and addresses including
his own, of the persons directly affected by the Appeal are those set out in paragraph 5.
2. (i) Particulars of decision or order appealed against.
(ii) Provision of the Act under which Notice of Appeal is submitted.
(iii) The name and title of the person whose decision is the subject of the
notice of appeal.
(iv) Full details of the objections, arguments and submissions in respect of
the decision or order appealed against.
(v) A description of the relief sought.
3. Grounds of appeal, including the reasons why the Appellant objects to the
decision or order.
4. Set out relief sought.
5. The Notice of Appeal must be filed within 21 days of the date of service of
the order or decision appealed against and accompanied by—
(i) a copy of the decision or order of the Authority;
(ii) a list of the names and addresses of all owners of property within
120 metres of the boundary of the property which is the subject of the
decision or order;
(iii) a list of the names and addresses of any other persons who should be notified of
the proceedings because they may have an interest in the outcome.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 181
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
NAMES ADDRESSES
Appellant
Respondent
Other parties
Dated this ............. day of ............................ 20......
Attorneys-at-law for the
Applicant/Appellant
Tel. No.:
Fax No.:
E-mail:
To: THE REGISTRAR OF THE ENVIRONMENTAL COMMISSION
And To:
Attorneys-at-law for the Respondent
DIRECTIONS FOR DEFENDlNG
The Respondent and other parties may file a full reply to paragraph 2(iv) above,
to be filed and served within 28 days of service of the Notice of Appeal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
182 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
FORM 3
NOTICE OF APPLICATION FOR ADMINISTRATIVE
CIVIL ASSESSMENT
REPUBLIC OF TRINIDAD AND TOBAGO
IN THE ENVIRONMENTAL COMMISSION
No. of 20
Between
Applicant
and
Respondent
To:
LET the Respondent of ............................................... attend before the
Environmental Commission at (address) on the .................................... day of
............................, 20....., at .........o’clock, on the hearing of an Application for
Administrative Civil Assessment by the Applicant that (description of the application),
(specify the relief sought in a full Statement of Case).
Note: If a Respondent does not attend personally or by his Attorney-at-law at the time
and place above-mentioned, such order will be made as the Commission may
think just and expedient.
Dated the ................ day of ......................................, 20.......
Attorneys-at-law
(Address)
Attorneys-at-law for the Applicant
Tel. No.:
Fax No.:
E-mail:
(Or where the Applicant sues in person)
This Application was taken out by the said Applicant who resides at
......................... and is (state occupation) and (if the applicant resides out of the
jurisdiction) whose address for service is ....................................................
Note: This Application may not be served later than twelve (12) calendar months
beginning with the above date unless renewed by order of the Commission.
This Application was taken out (name of firm of Attorneys) for the applicant,
whose address for service is .....................................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 183
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
DIRECTIONS FOR DEFENDING
The Respondent may file a Statement of Defence in person or by an Attorney-at-
law either (1) by handing in the appropriate form duly completed at the Environmental
Commission, Port-of-Spain; or (2) sending it to that office by post within 28 days of
the date of service upon him of the application herein.
This Application was served by me at .............................................................................
on the .................................... Respondent ..........................................................................
on the ........................................ day of ................................................................, 20.......
Endorsed the ............................. day of ................................................................., 20.......
..........................................................................................................................................
(Signed)
(Address)
Note:
(i) This Notice of Application for Administrative Civil Assessment must
include a full description of the nature of the application.
(ii) State the names and addresses of all the persons intended to be served
with a notice of the application.
(iii) The notice must be accompanied by the Administrative Order if any.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
184 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
FORM 4
NOTICE OF DIRECT PRIVATE PARTY ACTION
REPUBLIC OF TRINIDAD AND TOBAGO
IN THE ENVIRONMENTAL COMMISSION
No. of 20
Between
Applicant
and
Respondent
To:
LET the Respondent of ............................................... attend before the
Environmental Commission at (address) on the ......................... day of ......................,
20.........., at ....... o’clock, on the hearing of a complaint under section 69 of the
Environmental Management Act, which provides for a direct private party action by the
complainant.
That (particulars of violation alleged), (specify remedy/remedies sought, in a full
Statement of Case).
Note: If a Respondent does not attend personally or by his Attorney-at-law at the time
and place above-mentioned, such order will be made as the Commission may
think just and expedient.
Dated the .................. day of ....................................., 20......
Attorneys-at-law
(Address)
Attorneys-at-law for the Applicant
Tel. No:
Fax No.:
E-mail:
(Or where the Applicant sues in person)
This Complaint was taken out by the said Complainant who resides at
................................ and is (state occupation) and (if the complainant resides out of the
jurisdiction) whose address for service is .........................................................................
Note: This Complaint may not be served later than twelve (12) calendar months
beginning with the above date unless renewed by order of the Commission.
This Complaint was taken out (name of firm of Attorneys) for the Complainant,
whose address for service is .............................................................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 185
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
DIRECTIONS FOR DEFENDING
The Respondent may file a Statement of Defence in person or by an Attorney-at-
law either (1) by handing in the appropriate form duly completed at the Environmental
Commission, Port-of-Spain; or (2) sending it to that office by post within 28 days of
the date of service upon him of the complaint herein.
This Complaint was served by me at .....................................................................,
on the .......................................... Respondent ...................................................................
on the ......................................... day of .............................................................. 20.........
Endorsed the ............................... day of ............................................................., 20.........
How identified ....................................................................................................................
..........................................................................................................................................
(Signed)
(Address)
Note:
(i) This Notice of Direct Private Party Action must include a title of
the complaint.
(ii) A full description of the nature of the alleged violation.
(iii) State the names and addresses of all the persons intended to be served
with a notice of the complaint.
(iv) Proof of written notice of the alleged violation to the Managing Director
of the Environmental Management Authority in compliance with
section 69(1)(a) of the Environmental Management Act.
(v) Proof of compliance with section 69(1)(b) of the Environmental
Management Act.
(vi) Service of the complaint must be effected on the Environmental
Management Authority and the Attorney General.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
186 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
FORM 5
NOTICE OF INTERLOCUTORY APPLICATION
REPUBLIC OF TRINIDAD AND TOBAGO
IN THE ENVIRONMENTAL COMMISSION
No. of 20
Between
Applicant
and
Respondent
LET ALL PARTIES concerned or their Attorneys-at-law attend before the
Environmental Commission, Port-of -Spain on the .......... day of ..................., 20....., at
the hour of 9.30 o’clock in the forenoon or so soon thereafter as Attorney-at-law on
behalf of the (applicant) can be heard on the hearing of an application for the following
orders namely:
(i) (List orders sought)
(ii) (List relief sought).
Dated the ................ day of ......................................, 20.......
This Application was taken out by Messrs. Attorneys-at-law
for (applicant), of (address of firm).
Attorneys-at-law for the Applicant
Tel. No.:
Fax No.:
E-mail:
Note: If you do not attend either in person or by your Attorney at the time and place
above-mentioned, such order shall be made and proceedings taken as to the
Commission may seem just and expedient.
To: The Registrar of the Environmental Commission
And To:
Note:
(i) There must be annexed to the application all affidavits and other
documents in support of the application.
(ii) A draft of the order sought.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 187
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
FORM 6
WITNESS SUMMONS
REPUBLIC OF TRINIDAD AND TOBAGO
IN THE ENVIRONMENTAL COMMISSION
No. of 20
Between
Applicant/Complainant/Appellant
and
Respondent
To: (Witness’ name)
of (Witness’ address)
You are hereby summoned to attend at the Environmental Commission of
Trinidad and Tobago at 1st Floor, E.F. “Telly” Paul Building, Corner St. Vincent and
New Streets, Port-of-Spain at .................... a.m./p.m. on the ................ day of
..........................................., 20...... the day fixed for the hearing of this
Application/Complainant/Appeal and from day to day till the end of the proceedings to
give evidence (and to bring with you and produce the following documents)—
(SEAL)
Dated
This Summons was issued on the application of the (Applicant/
Appellant/Complainant)(Respondent) whose Attorney is
of
Tel. No.:
Fax No.:
E-mail:
The Commission/Court office is at the Environmental Commission 1st Floor,
E.F. “Telly” Paul Building, Corner St. Vincent and New Streets, Port-of-Spain,
Telephone numbers 625-7353, 627-9186, 627-3432; Fax 627-0871. The office is open
between 8.00 a.m. and 4.00 p.m. Mondays to Fridays except Public Holidays and Court
Holidays.
Registrar
Dated the ................... day of ................................, 20......
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
188 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
FORM 7
WITNESS SUMMONS
REPUBLIC OF TRINIDAD AND TOBAGO
IN THE ENVIRONMENTAL COMMISSION
No. of 20
Between
Applicant/Complainant/Appellant
and
Respondent
1. Have you received the (Notice of Application/Notice of
Appeal/Notice of Application for Administrative Civil
Assessment/Notice of Direct Private Party Action/Notice
of Interlocutory Application/Notice of Allegation) with the
above number?
2. If so, when?
3. Did you also receive Applicant’s/Complainant’s/Appellant’s
Statement of Case?
4. If so, when?
5. Are your names properly stated on the Form?
6. Do you intend to defend the action or be heard on the
matter?
7. What is your address for service?
YES/NO
....../....../......
YES/NO
....../....../......
YES/NO
YES/NO
....................
....................
You should also give your Telephone number, Fax number and e-mail address if any,
Signed ..............................................................................................................................
(Respondent in person) (Respondent’s Attorney)
NOTE: You may indicate by filing within 21 days of service of this Form upon you
whether you wish to be heard on the matters contained in the notice of proceedings or
notice of allegation accompanying this Form.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 189
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SCHEDULE II
GUIDELINES FOR TECHNICAL AND
EXPERT WITNESSES
1. The Commission expects the technical and/or expert witness to provide it
with assistance by way of qualified, relevant opinions and accurate information in
relation to matters within his expertise. Objectivity and impartiality are necessary to
assist the Commission in its decision.
2. Evidence that is influenced by the special interests of a party may be received
and considered, but the Commission may give this evidence little or no weight.
3. The Witness should express an opinion to the Commission only when the
opinion is based on adequate knowledge and sound conviction. The witness should be
reluctant to accept an assignment to provide evidence for use by the Commission if the
terms of reference of the assignment do not allow the witness to carry out the
investigations and obtain the information necessary to provide such an opinion. A
witness who accepts an assignment under these circumstances, should advise the
Commission of the limitations that the terms of reference place on his ability to provide
the information necessary to assist the Commission in making a sound decision or to
give informed opinions.
4. Technical and expert evidence should be and should be seen to be, the
independent product of the witness uninfluenced as to form and content by the
exigencies of litigation, the particular dispute before the Commission, and the interests
of the witness’ client.
5. The witness must never assume the role of advocate for a party. Argument
and advocacy should be left to an Attorney-at-law and agents presenting the party’s
case. This does not preclude the vigorous advancement of strongly held scientific or
other professional opinions or prevent a duly qualified witness who is also a party, from
advancing technical and opinion evidence.
6. The witness has a duty to change his opinion where circumstances, such as
the receipt of new information, require it. If at any time before the Commission issues
its final decision, the witness changes his view on a material matter for any reason,
particularly after having read the reports or listened to the evidence of witnesses for
other parties, the change in information and/or opinion should be communicated to the
Commission without delay. Where reports or documents prepared by the witness
contain errors or information which has changed, this must be promptly identified.
7. The witness must not change his opinion or change or withhold information to suit
the position taken by the party that has retained or employed him.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
190 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
8. In preparing reports to be used by the witness’ employer or client in
determining the issues to be raised and the employer or client’s position on those issues
and for use as evidence, and in testifying before the Commission, the witness has the
following duties of disclosure:
(a) It is the responsibility of the witness to make fair and full disclosure.
(b) The witness should make it clear when a particular question or issue
falls outside his or her expertise.
(c) To be useful, the opinion and evidence must provide enough clear
information on assumptions, procedures used, and conclusions
drawn to allow comprehension of the report as it stands, and permit
fair and efficient cross-examination.
(d) When the witness is providing an opinion or giving evidence on an
issue or problem area for which there are differences of professional
or scientific opinion, he has an obligation to make such differences
clearly known to the Commission and all parties. The witness
should make reasonable efforts to be fully informed of those
differences.
(e) The witness should state all the material facts and assumptions upon
which his opinion is based. He or she should not omit to consider
and acknowledge material facts which could detract from the
opinion. Where the facts are in dispute, the Commission expects
that the witness will give his view of the facts and the proof relied
upon before giving the opinion.
(f) Where the opinion and evidence are based on information contained
in other documents, detailed references should be provided in any
report prepared by the expert, and copies of those documents made
available on request before and during the hearing. Copies of the
documents should be brought for reference on cross-examination.
(g) Parties and their respective representatives questioning their own
witnesses are required by the Rules of Practice and Procedure of the
Commission to ask questions designed to elicit the information
required by these guidelines. However, the witness is expected to
disclose to the Commission and to all other parties all significant
information and opinions, and errors, shortcomings and limiting
factors even if no one has asked for them.
(h) The weight to be given to the evidence of technical and expert witnesses
will be affected by the demeanor of the witness. The witness should give
direct answers to questions and should not be evasive while giving
testimony, even though the answers may appear to be detrimental to the
case of the witness’ client or employer. Any effort to avoid answering
direct questions could adversely affect the weight assigned to the
witness’ evidence on the issue or the evidence as a whole.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure [Subsidiary]
Environmental Management Chap. 35:05 191
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
9. When giving an opinion, the witness should state and explain the degree of
certainty of the opinion or the level of probability that it is correct. The degree of
uncertainty and the reasons for uncertainty should be candidly acknowledged.
Uncertainties and assumptions inherent in measurements should be clearly identified.
The level of confidence or the sensitivity to error must be given.
10. It is better for a witness to base conclusions on facts and data obtained from
those who possess them, rather than construct a series of possibly incorrect
assumptions, hypotheses and/or models.
11. Where there is a lack of consensus with respect to the use of a particular
model or formula, the rationale for the chosen approach should be identified.
12. If the witness’ opinion is not properly researched because insufficient data is
available, this shortcoming must be stated. Any limiting qualification to the opinion should
be identified. The Commission expects to be told when a lack of factual information or
experience will increase the probability of inaccurate conclusions or predictions. The
witness should avoid speculation where data is insufficient.
13. Where an estimate falls within a range of reasonable possibilities, based on
the same data, the variance within that range should be thoroughly disclosed. Where a
prediction can lead to a range of potential impacts, that range should be fully described.
Plain Language
14. In preparing reports and giving testimony, the witness should take into
account that the hearing process is a public process in which reports and testimony
must be understood by participants and observers who may not have any significant
technical knowledge. Therefore the language and writing style should be simple and
direct and scientific or technical terms and concepts should be explained, where
possible, in clear, simple language.
15. Where specialised language is necessary to convey information accurately,
the witness should use it rather than risk misleading or over-simplifying. However,
where possible, the witness should avoid the use of scientific terms and jargon and
unfamiliar acronyms, or at least fully explain those terms, so that technical information
and opinion can be easily understood.
Efficiency
16. Reports, witness statements and information should be produced in a timely
fashion to all parties.
17. All reasonable requests for answers to interrogatories (that is, written questions)
must be answered promptly and thoroughly by the witness.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Environmental Commission Rules of Practice and Procedure[Subsidiary]
192 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
18. Notwithstanding the requirements for full disclosure, the witness should
make every effort to give succinct answers to questions put to him in written questions
and in examination-in-chief, cross-examination and re-examination, and questioning
by the Commission. Answers should be concise, responsive and focused on the most
essential issues.
19. During his testimony a witness should not be called upon to review fundamental
techniques in a painstaking step-by-step fashion, and to read correspondence and other
reports line-by-line and page-by-page, unless it is clear that the purpose of such
elaboration warrants this expenditure of time.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Environmental Management Chap. 35:05 193
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
WATER POLLUTION RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
3. Register of Water Pollutants.
4. Requirement for source application.
5. Prohibition against release of water pollutants.
6. Source application.
7. Registration certificate.
8. Requirements to apply for a permit.
9. General prohibition against non-compliance with a notice to apply
for a permit.
10. Application for a permit.
11. Further information.
12. Incomplete application.
13. Determination of application.
14. Duration of permits.
15. Permit conditions.
16. Changes after grant of registration certificate or permit.
17. Variation.
18. Transfer of permit.
19. Renewal of permits.
20. Revocation of permits or registration certificate.
21. Suspension of permits or registration certificate.
22. Procedure for the revocation, suspension and variation of permit or
registration certificate and rejection of claim.
23. Notification of decisions of the Authority.
24. Appeals to the Commission.
25. Water Polluters Register.
26. Trade secrets and confidential business information.
FIRST SCHEDULE.
SECOND SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
194 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
230/2001.
[12/2007].
Citation.
Interpretation.
[12/2007].
Ch. 35:05.
WATER POLLUTION RULES
made under sections 26, 48, 52, 53 and 54
1. These Rules may be cited as the Water Pollution Rules.
2. In these Rules—
“Act” means the Environmental Management Act;
“aquifer” means a formation of permeable rock saturated with
water and with a degree of permeability that allows water to
be withdrawn;
“agricultural” means pertaining to horticulture, fruit growing, seed
growing, dairy farming, the breeding and keeping of livestock
(including any creature kept for the production of food,
clothing, or for the purpose of farming of land), the use of land
as grazing land, meadow land, osier land, market gardens and
nursery grounds, and use of land for woodlands where that use
is ancillary to the farming land for other purposes;
“Authority” means the Environmental Management Authority
established under section 6(1) of the Act;
“base flow” means the contribution of groundwater flow to
stream flow;
“coastal nearshore” means the area of the marine environment
which extends no more than three nautical miles from the
high water mark;
“commercial” means of or pertaining to business or trade;
“Commission” means the Environmental Commission
established under section 81 of the Act;
“disinfection” means the use of a chemical or technique to destroy
or inhibit the growth of micro-organisms that cause diseases;
“emergency” means any situation arising from events beyond the
reasonable control of any person that requires corrective
action to restore normal operation and causes a facility to
breach a permit condition or the permissible levels for
release of water pollutants;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 195
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
“facility” means any location within the environment, and any
premises, vehicles, buildings, process, equipment,
development, or natural or man-made structure at such
location, from which water pollutants may be released;
“groundwater” means the water below the earth’s surface,
usually in porous rock formations;
“industrial” means of or pertaining to the manufacture,
processing, handling, transport, storage or disposal of
materials (including raw materials, materials in the process
of manufacture, manufactured materials, bye-products and
waste materials);
“inland surface waters” means the water from rivers, creeks,
tidal waters, estuaries, swamps, streams, lakes and
impounded reservoirs that flows over or rests upon the land
surface of Trinidad and Tobago and in dry conditions
includes the area over which such waters flowed or rested;
“institution” includes health care establishments, hospitals,
prisons, schools and zoos;
“Local Authority” means a Council of a Municipal
Corporation within the meaning of the Municipal
Corporations Act;
“marine offshore” means that area of the marine environment
seaward of the coastal nearshore;
“motor vehicle” means any mechanically propelled vehicle
intended or adapted for use on roads and includes a trolley
vehicle, but does not include vehicles constructed exclusively
for use on rails or other specially protected tracks;
“notice” means a notice in accordance with the form determined
by the Authority;
“permissible level” means the level specified in the Second
Schedule outside of which a person releasing a water
pollutant may be required by the Authority to submit an
application pursuant to rule 8 for a permit;
“permit” means a water pollution permit granted under section 53(1)
of the Act;
Ch. 25:04.
Second
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
196 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
“permittee” means a person to whom a permit has been granted;
“place” means—
(a) a geographically contiguous property where an
activity is carried out;
(b) a non-contiguous property where an activity is
carried out that is connected by a right of way to
which the public does not have access; or
(c) two or more pieces of property, where an
activity occurs, that are geographically
contiguous and divided by public or private
right of way(s);
“prescribed fee” means the fee prescribed by the Minister under
section 96(2) of the Act;
“receiving environment” means any environment specified in the
Second Schedule;
“Register” means the register of water pollutants established
under section 52(2) of the Act and maintained under rule 3;
“registrable facility” means—
(a) an industrial facility;
(b) a commercial facility;
(c) an agricultural facility;
(d) an institution; and
(e) a sewerage facility involved in treating
discharge from a facility or institution listed in
(a) to (d) above;
“registered facility” means a facility that is entered in the
Water Polluters Register;
“registered person” means a person to whom a registration
certificate has been issued;
“Registrar” means the Registrar of Companies appointed under
the Companies Act;
“registration certificate” means a certificate issued under rule 7;
“source application” means an application under rule 6 to register a
facility as a source of the release of a water pollutant;
Second
Schedule.
Ch. 81:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 197
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
“sewerage facility” means street sewers, collecting sewers,
works or appliances of every kind forming part of the
construction of the sewer system or necessary accessory, or
incidental thereto and includes pumping stations and
treatment plants;
“Tobago House of Assembly” means the Tobago House of
Assembly referred to in section 141A of the Constitution;
“vehicle” means any form of conveyance or transportation from
which water pollutants may be released;
“water” means any surface water, sea, groundwater, wetlands or
marine areas within the environment;
“water pollutant” has the meaning assigned to it in rule 3(1);
“Water Polluters Register” means the record established under
rule 25;
“WASA” means the Water and Sewerage Authority established
under section 3 of the Water and Sewerage Act.
3. (1) For the purpose of these Rules, the parameters or
substances at the quantity, condition or concentration
mentioned in the First Schedule are water pollutants specific
to Trinidad and Tobago.
(2) The Authority shall maintain in any form a Register
of Water Pollutants.
4. (1) Subject to subrule (2) a person who intends to
release from a registrable facility a water pollutant that is likely
to cause harm to human health or to the environment is required
to submit a source application to the Authority forty-five
working days prior to such release.
(2) A person who is already in the process of
discharging a water pollutant from a registrable facility at the
commencement of these Rules shall be required to submit a
source application not later than forty-five working days from
the commencement of these Rules.
Ch. 1:01.
Ch. 54:40.
Register of
Water
Pollutants.
First Schedule.
Requirement
for source
application.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
198 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(3) The operation of the registrable facility from which
a water pollutant is released shall be allowed until final
determination of source application.
(4) For the purpose of any application under these
Rules, where in one place a person carries out an activity in more
than one structure, that place may, subject to the discretion of the
Authority comprise one facility.
(5) Unless otherwise authorised under subrules (1), (2)
and (3), no person shall allow the release of a water pollutant
from a registrable facility.
(6) Subrules (1) and (2) do not apply to—
(a) operational releases from motor vehicles;
(b) releases from households except where such
households contain industrial or commercial
facilities; or
(c) releases authorised by a competent
governmental entity into sewerage facilities
owned or operated by such competent
governmental entity.
5. (1) A person shall not release a water pollutant into any
water approved by a competent governmental entity for human
consumption without treatment or where treatment has been
limited solely to disinfection.
(2) A person shall not release a water pollutant into
groundwater where—
(a) the groundwater is vulnerable to contamination
because of the hydrological characteristics of
the area under which the groundwater occurs;
(b) no alternative source of drinking water is
available to substantial current or future
populations;
(c) the aquifer provides the base flow for a sensitive
ecological system;
Prohibition
against release
of water
pollutants.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 199
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(d) the release of a water pollutant may destroy a
unique habitat; or
(e) the groundwater is a current or potential
source of drinking water or has some other
beneficial use.
6. (1) A source application shall—
(a) be completed in triplicate and shall be
submitted to the Authority together with the
prescribed fee;
(b) be in accordance with the form as determined
by the Authority;
(c) be in respect of one facility; and
(d) include the following information:
(i) the company or corporate name, or
name of the institution or individual, the
names of directors if any, the name and
position of the applicant, the name of
owner or occupier and the mailing
address of the facility;
(ii) the location of the facility, including
town or village, district, street name and
lot number;
(iii) a brief description of the process or activity
generating the release including principal
products and raw materials used;
(iv) age, energy use and water use of the
facility;
(v) existing or proposed volumetric release
rates;
(vi) effluent quality monitoring data which
shall indicate characteristics of release,
including flow rate, quantity, conditions
and concentrations of constituents;
(vii) an indication of whether or not the
facility is proposed or is in existence;
Source
application.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
200 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(viii) an indication of whether or not other
approvals from any other governmental
entity are required under written law and
whether such approvals have been
obtained;
(ix) topographic map of the area with a scale
of one in twenty-five thousand, extending
to at least one kilometre beyond the
property boundary;
(x) a description of any water pollution
control programme;
(xi) a description of the receiving environment
into which the release is directed;
(xii) any other relevant information deemed
necessary by the Authority.
(2) Where the facility is a company, the applicant shall
supply the Authority with a Registrar’s certificate furnished by
the Registrar of Companies under section 486(1)(b) of the
Companies Act stating that the name of the company is on the
Register of Companies.
(3) The source application shall be signed by the
principal executive officer where the application is with respect
to a company and in other instances by the person owning or
operating the registrable facility in respect of which the
registration is being sought.
7. (1) Subject to subrule (2), where the Authority receives
a source application and determines that the applicant releases a
water pollutant, the Authority shall within ten working days issue
to the applicant a registration certificate.
(2) Where the applicant submits further information
pursuant to rule 11 or 12 and the Authority determines that the
applicant releases a water pollutant, the Authority shall within
ten working days of receipt of that information issue to the
applicant a registration certificate.
Ch. 81:01.
Registration
certificate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 201
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(3) A registration certificate is valid for a period of three
years from the date of issue.
(4) Where a registered person wishes to continue to
release a water pollutant beyond the expiration of the registration
certificate, that person shall submit an application for renewal of
a registration certificate to the Authority, in accordance with the
form as determined by the Authority, together with the
prescribed fee. Provided however that a person issued with a
permit under these Rules shall not be required to renew a
registration certificate when it expires.
(5) An application for the renewal of a registration
certificate under subrule (4) shall be made at least thirty working
days before the expiration of the registration certificate.
(6) Where a registered person has submitted an
application for the renewal of a registration certificate in
accordance with subrules (4) and (5), the expired registration
certificate shall continue to be in force until the effective date of
the renewed registration certificate.
8. (1) Where any person releases a water pollutant into a
receiving environment outside the permissible level, that is likely to
cause harm to human health or to the environment, the Authority
may at any time notify that person to apply for a permit.
(2) A person granted a permit shall be required to pay
the prescribed fee.
9. (1) Subject to subrule (2), a person who receives a
notice under rule 8(1) shall comply with the requirements of that
notice.
(2) The operation of the facility from which the water
pollutant is released shall be allowed to continue until a request to
submit an application for a permit is made pursuant to rule 8(1) and
final determination of the application for the permit.
(3) Where a person receives a notice under rule 8(1),
that person shall not, after the final determination of the
Requirements
to apply for a
permit.
General
prohibition
against non-
compliance
with a notice to
apply for a
permit.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
202 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
application for a permit release any water pollutants outside the
permissible levels unless that person has a valid permit granted
by the Authority.
10. (1) An application for a permit shall—
(a) be submitted within thirty working days after
the person receives a notice under rule 8(1);
(b) be completed in triplicate and shall be
submitted to the Authority together with the
prescribed fee and in accordance with the form
prescribed by the Authority;
(c) be in respect of one facility;
(d) include the following information:
(i) company name or corporate name, name
of institution or individual, names of
directors if any name and position of
applicant, name of owner or occupier and
mailing address of the facility;
(ii) a map showing the location of any
existing or proposed intake and release
points;
(iii) an identification of the receiving water or
waters by name;
(iv) copies of any Environmental Impact
Statement or Assessment Reports or
environmental study which pertains to the
facility;
(v) description of any water pollution control
programme; and
(vi) any other information deemed necessary
by the Authority;
(e) be signed by the principal executive officer
where the application is with respect to a
company and in other instances by the person
owning or operating the facility in respect of
which the permit is being sought.
Application for
a permit.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 203
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) Where the applicant is a company, the applicant
shall supply the Authority with a Registrar’s certificate furnished
by the Registrar of Companies under section 486(1)(b) of the
Companies Act stating that the name of the company is on the
Register of Companies.
(3) The Authority may, at the request of the applicant, grant
a reasonable extension of the time prescribed in subrule (1)(a).
11. (1) The Authority may, during the determination of an
application under these Rules, request oral or additional written
information from—
(a) an applicant;
(b) a person who is directly affected by the
application;
(c) a Local Authority, any agency of the Tobago
House of Assembly or any other government
entity; or
(d) any source the Authority considers appropriate.
(2) Where the Authority receives information under
subrule 1(b), 1(c) or 1(d) the Authority shall—
(a) forward to the applicant a summary of such
information; and
(b) request the applicant to submit a response
within a specified time.
(3) Where during the determination of an application
under these Rules the applicant becomes aware—
(a) that in an application or in a report to the
Authority the applicant has failed to submit any
relevant facts or has submitted incorrect
information; or
(b) that there is any change affecting the accuracy
of any information provided to the Authority,
the applicant shall within ten working days, notify and submit to
the Authority the relevant facts and correct information.
Ch. 81:01.
Further
information.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
204 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
12. (1) Where the Authority considers that the applicant has
omitted to provide any of the information required under these
Rules, the Authority shall notify the applicant in writing of the
omission within ten working days of receipt of the application
and shall request within a specified time the omitted information.
(2) The Authority may, at the request of the applicant
allow an extension of the time limit specified by the Authority
pursuant to subrule (1) or rule 11(2).
(3) Without prejudice to the generality of rule 13(1),
where the applicant does not supply the information as requested
under subrule (1) or rule 11(1)(a) or 11(2)(b) within the time
limit specified by the Authority under subrule (1) or (2), or
rule 11(1)(a) or 11(2)(b) the Authority may refuse to grant a
permit or issue a registration certificate.
13. (1) Subject to subrule (2) the Authority shall within
thirty working days of receipt of a completed application under
rule 10 grant or refuse to grant with or without conditions, a
permit to the applicant.
(2) Where the applicant under rule 10 submits further
information under rule 11(2), 11(3) or 12 the Authority shall
grant or refuse to grant a permit within thirty working days of
receipt of the information.
14. Unless previously revoked, varied or suspended by the
Authority, a permit shall be effective until a fixed date specified
in the permit, which date shall not be more than five years from
the date on which the permit was granted.
15. (1) The Authority shall establish in each permit—
(a) the water pollutants authorised to be released;
(b) the quantity, conditions and concentrations the
permittee may release;
(c) the exact location where the sampling of the
release shall be performed; and
(d) reporting requirements.
Incomplete
application.
Determination
of application.
Duration of
permits.
Permit
conditions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 205
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) The Authority may establish in each permit,
conditions, as required in the case of each facility, including the
following requirements:
(a) that the permittee shall take all reasonable steps
to—
(i) avoid all adverse environmental impacts
which could result from the activity;
(ii) minimise the adverse environmental
impact where the avoidance is
impractical;
(iii) mitigate the impact where the impact
cannot be avoided;
(b) that monitoring of the conditions of the permit
be conducted in accordance with the methods
specified in the permit;
(c) that measurements taken for the purpose of
monitoring shall be representative of the
release;
(d) that the permittee shall retain records of all
monitoring, including—
(i) all calibration and maintenance records;
(ii) all original strip chart or electronic
recordings for continuous monitoring
instrumentation;
(iii) copies of all reports required by the
permit; and
(iv) records of all data used to complete the
application for a permit,
for a period of at least four years from the date
of the expiration of a permit which period may
be extended by the Authority;
(e) that records of monitoring information
include—
(i) the date, exact place and time samples or
measurements were taken;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
206 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(ii) the name(s) of individual(s) who took the
samples or measurements;
(iii) the date(s) analyses were performed;
(iv) the individual(s) who performed the
analyses;
(v) the analytical methods used;
(vi) the results of such analyses;
(vii) the methods supporting the information
such as observations, readings,
calculations and bench data used and the
results of such methodologies;
(viii) the state of the operation of the facility
including, but not limited to, planned and
unplanned shutdowns, production levels
and achievement of design capacity; and
(ix) handling of samples;
(f) that the permittee shall at all times properly
operate and maintain all facilities and systems
of treatment and control which are installed and
used by the permittee to achieve compliance
with the permit;
(g) that the permittee shall at all times carry out
and maintain—
(i) best management practices;
(ii) pollution and prevention measures;
(iii) adequate laboratory controls;
(iv) the appropriate quality assurance
procedures; and
(v) back-up or auxiliary facilities to achieve
compliance with the permit;
(h) that the permittee shall furnish the Authority
with any information which the Authority
may request to determine whether cause
exists for varying, suspending, revoking or
renewing the permit or to determine
compliance with the permit;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 207
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(i) that the permittee shall furnish to the Authority,
upon request, copies of records required to be
kept by the permittee;
(j) that the permittee report all instances of
anticipated non-compliance to the Authority and
shall give reasonable advance notice to the
Authority of any planned changes in the permitted
facility or activity which may result in non-
compliance with the permit requirements;
(k) that, where there has been non-compliance with
the permit requirements, the permittee shall—
(i) report to the Authority, within forty-
eight hours of the time the permittee
becomes aware of the circumstances of
the non-compliance, the anticipated
manner in which it may endanger
health or the environment;
(ii) within five working days submit to the
Authority a written report containing a
description of the non-compliance, its
cause and the period of non-compliance
including exact dates and time, the
response, clean-up and counter
measures taken;
(iii) if the non-compliance has not been
corrected, submit a report to the
Authority indicating the anticipated time
it is expected to continue; and
(iv) state whether the permittee considers that
the non-compliance was due to an
emergency and the reasons for such a belief;
(l) that the permittee shall allow an authorised
representative of the Authority, upon the
presentation of identification, to—
(i) enter upon the facility where the water
pollutant is released or where records must
be kept under the conditions of the permit;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
208 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(ii) have access to and copy, at reasonable
times, any records that must be kept
under the conditions of the permit;
(iii) inspect at reasonable times any facilities,
equipment (including monitoring and
control equipment), practices, or
operations regulated or required under the
permit; and
(iv) sample or monitor at reasonable times,
for the purposes of ensuring permit
compliance.
(3) In deciding the terms and conditions of a permit,
the Authority shall have regard to information submitted under
rule 6, 10, 11, 12 or 16.
(4) In determining the conditions of a permit, the
factors to be considered by the Authority shall include but not
be limited to—
(a) the industrial profile of the activities conducted
at the facility;
(b) the volumetric release rates of effluents;
(c) the quality of the effluent including conditions
and concentrations of constitutents;
(d) characteristics of receiving waters (example,
whether marine or inland, flow rates, depth,
water quality);
(e) uses of receiving water;
(f) age of the facility;
(g) pollution control equipment installed;
(h) location of point source;
(i) best available practicable technology; and
(j) other relevant information.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 209
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
16. (1) A registered person or permittee shall, within
twenty-one working days of the following events, give the
Authority notice in writing of:
(a) a change affecting the accuracy of any
particulars provided in an application for a
registration certificate or permit; or
(b) the cessation of the operation of the facility in
respect of which the registration certificate or
permit has been issued.
(2) A registered person or a permittee shall, upon
payment of the prescribed fee, give notice to the Authority at
least one hundred and eighty working days prior to any facility
expansion or modification, production increase or modification,
or process increase or modification which will result in a new or
increased release of one or more water pollutants.
(3) The notice in subrule (2) shall—
(a) indicate the proposed characteristics of release
including the method of release, quantity,
conditions and concentrations;
(b) identify the receiving water or waters by
name; and
(c) contain a map showing the proposed location of
any proposed intake and release structures.
(4) Where a registered person or permittee—
(a) dies;
(b) becomes bankrupt;
(c) transfers ownership;
(d) goes into liquidation or receivership; or
(e) becomes a party to an amalgamation,
that person or the person responsible for his affairs, shall within
twenty-one working days of the event, give the Authority notice
in writing thereof.
Changes after
grant of
registration
certificate or
permit.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
210 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
17. (1) The Authority may—
(a) on its own initiative vary the conditions of a
permit or a variation granted pursuant to
subrule (8); or
(b) on the application of the permittee vary the
conditions of a permit or the permissible levels
for the facility.
(2) The Authority may vary a permit under subrule (1)(a)—
(a) where it appears to the Authority that a situation
specified in rule 16 has occurred;
(b) where it appears to the Authority that an
emergency has occurred;
(c) in order to ensure the attainment or maintenance
of water quality;
(d) in order to protect and ensure the propagation of
a balanced community of plant and animal life
specific to an area or region;
(e) in order to allow recreational activities in
water; or
(f) where it appears to the Authority that any other
change, situation or activity relating to the use
of the permit has occurred that is not consistent
with these Rules.
(3) Where the Authority varies a permit under
subrule (1)(a) it shall issue to the permittee an amended
permit or remove the requirement for a permit where the permittee
by virtue of a variation is within all the prescribed limits.
(4) An application under subrule (1)(b) shall be
submitted to the Authority, together with the prescribed fee.
(5) Subject to subrules (6) and (7), where the Authority
receives an application under subrule (1)(b) for a variation other
than a variation of the permissible levels for a facility, the
Authority shall, within thirty working days of receipt of the
completed application, issue to the applicant an amended permit
or refuse to grant a variation.
Variation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 211
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(6) Subject to subrule (7) where the Authority receives
an application under subrule (1)(b) for a variation of the
permissible levels for a facility, the Authority may in the case of
an application for a variation of the permissible levels for the
facility issue an amended permit or make a decision to remove
the requirement for a permit or refuse to grant the variation
within a reasonable time of receipt of the application by the
Authority so as to allow the Authority to carefully assess the
implications of varying the permissible levels for the facility.
(7) Where the permittee under subrule (1)(b) submits
further information under rule 11(1), 11(2), 12 or 16 the
Authority may issue to the applicant an amended permit within
thirty working days of receipt of such information and in the case
of an application for a variation of the permissible levels for the
facility issue an amended permit or make a decision to remove
the requirement for a permit or refuse to grant the variation
within a reasonable time.
(8) The Authority may approve the application under
subrule (1)(b), if the application is based on supported scientific
rationale in the following areas:
(a) variation of prescribed methods of sampling
preservation and analysis;
(b) variation of permissible levels of water
pollutants from facilities into the environment;
(c) variation of the water pollutants to be
monitored; and
(d) variation of the frequency of monitoring.
(9) The Authority shall not approve an application
under subrule (1)(b) where a variation will impair—
(a) the attainment or maintenance of water quality;
(b) the protection and propagation of a balanced
community of plant or animal life specific to an
area or region;
(c) a source of drinking water;
(d) recreational activities in the water.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
212 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
18. (1) No permit is assignable or transferable to any person
without the consent of the Authority and the payment of the
prescribed fee.
(2) The Authority may, on the application of a
permittee, transfer a permit to another person.
(3) The Authority shall not approve an application
under subrule (2) unless the application is in respect of the
release to which the permit applies.
(4) An application for a transfer shall be in triplicate
in accordance with the form as determined by the Authority,
and shall be submitted to the Authority together with the
prescribed fee.
(5) An application for a transfer shall contain—
(a) the name and address of the proposed
transferee; and
(b) the signatures of the proposed transferee and the
applicant.
(6) An application for a transfer shall be accompanied
by the permit which is to be transferred.
(7) Where the proposed transferee is a company, an
application for a transfer shall be accompanied by a Registrar’s
certificate furnished by the Registrar of Companies under
section 486(1)(b) of the Companies Act stating that the name
of the company is on the Register of Companies.
(8) Where the Authority approves an application under
subrule (2), the Authority shall—
(a) endorse the transfer on the permit submitted
under subrule (6);
(b) substitute the name of the applicant on the
permit for that of the transferee; and
(c) endorse date on which the application was
approved.
Transfer of
permit.
Ch. 81:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 213
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
19. (1) Where a permittee desires to continue to release a
water pollutant beyond the expiration of a permit, the permittee
shall submit an application for the renewal of a permit to the
Authority, in accordance with the form as determined by the
Authority, together with the prescribed fee.
(2) An application for a new permit shall be made at
least thirty working days before the expiration of the permit.
(3) Where, after the expiration of a permit, a permittee
has submitted an application for the new permit in accordance
with subrules (1) and (2), the expired permit shall continue in
force until the effective date of the renewed permit.
(4) A person whose permit has been renewed shall be
required to pay the prescribed fees.
20. The Authority may revoke a permit or registration
certificate if it appears to the Authority that—
(a) the continuation of the release authorised by the
permit or registration certificate would cause
serious pollution of the environment or serious
harm to human health that cannot be avoided by
varying the conditions of the permit or
registration certificate;
(b) the registered person or permittee has made a
misrepresentation or wilful omission in
obtaining the permit or registration certificate
or in any report submitted to the Authority;
(c) the permittee has violated any fundamental
condition of the permit;
(d) there has been any other change in
circumstances relating to the permit or
registration certificate that requires a permanent
reduction in the release.
Renewal of
permits.
Revocation of
permits or
registration
certificate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
214 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
21. (1) The Authority may suspend a permit or registration
certificate if it appears to the Authority that—
(a) the continuation of the release authorised by the
permit or registration certificate would cause
serious pollution of the environment or serious
harm to human health;
(b) the permittee has violated any condition in
the permit;
(c) there has been any other change in
circumstances relating to the permit or
registration certificate that requires a temporary
reduction in the release.
(2) A permit or registration certificate suspended under
this rule shall be of no effect to authorise the release allowed in
the permit or registration certificate.
(3) Where a permit or registration certificate is
suspended under this rule, the Authority in suspending it or at
any time while it is suspended, may require the permittee or the
person in receipt of the registration certificate to take such
measures to deal with or avert the pollution or harm.
22. The Authority shall not revoke, suspend or vary a
permit or registration certificate or reject a claim under rule 26
unless it has—
(a) given written notice to the permittee or
applicant or person in receipt of a registration
certificate that it intends to do so;
(b) specified in the notice the reasons for its
intention to do so;
(c) given the permittee or applicant or person in
receipt of a registration certificate a reasonable
opportunity to make submissions in relation to
the revocation, suspension, variation or
rejection; and
Suspension of
permits or
registration
certificate.
Procedure for
the revocation,
suspension and
variation of
permit or
registration
certificate and
rejection of
claim.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 215
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(d) taken into consideration any submissions made
by the permittee or applicant or person in
receipt of a registration certificate within five
working days of service of the notice prescribed
in paragraph (a).
23. The Authority shall by notice inform the applicant or the
permittee, as the case may be, of the following decisions in
relation to a permit or registration certificate:
(a) refusal of a grant of a permit or issue of a
registration certificate under rule 12(3) or 13;
(b) conditions attached to a grant under rule 13;
(c) a variation under rule 17(1)(a);
(d) refusal of an application for a variation under
rule 17(1)(b);
(e) refusal of an application for a transfer under
rule 18;
(f) refusal of an application for a renewal under
rule 19;
(g) a revocation under rule 20;
(h) a suspension under rule 21; or
(i) a rejection of a claim under rule 26.
24. A decision of the Authority mentioned in rule 23 is
subject to appeal to the Commission.
25. (1) The Authority shall establish and maintain a Water
Polluters Register—
(a) consisting of any registrable facilities that are a
source of releases of a water pollutant and
which shall be open to the public for inspection
at the Authority’s principal office during
working hours; and
(b) which may be kept in any form.
Notification of
decisions of the
Authority.
Appeals to the
Commission.
Water Polluters
Register.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
216 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
(2) Subject to rule 26, the Water Polluters Register shall
contain particulars of, or relating to—
(a) every source application and every application
for a permit;
(b) every registration certificate and permit;
(c) every refusal to grant a permit under rules 12(3)
and 13 together with the reasons for the refusal;
(d) every variance under rule 17(1)(a);
(e) every refusal to vary the conditions of a permit
under rule 17(1)(b) together with reasons for
refusal;
(f) every refusal of a renewal of a permit under
rule 19;
(g) every revocation under rule 20;
(h) every suspension under rule 21;
(i) ministerial directives under section 5 of the Act;
(j) inspection reports pursuant to sections 22 and
23 of the Act;
(k) notices of all types including notices of
violation under section 63 of the Act;
(l) administrative orders under sections 64 and 65
of the Act;
(m) administrative civil assessments under section 66
of the Act;
(n) applications for enforcement under section 67
of the Act;
(o) other actions by the Authority under section 68
of the Act; and
(p) complaints against permittees under section 69
of the Act.
(3) An extract from the Water Polluters Register shall be
supplied at the request of any person on payment of the
prescribed fee.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules [Subsidiary]
Environmental Management Chap. 35:05 217
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
26. (1) An applicant, upon payment of the prescribed fee,
may assert a claim in accordance with the form as determined by
the Authority, that any of the information supplied to the
Authority under rule 6, 10, 11, 12 or 16 is a trade secret or
confidential business information and that it be omitted from the
Water Polluters Register.
(2) The Authority may reject the claim for the reason—
(a) that the applicant has not disclosed the basis for
the claim;
(b) that the basis thereof is invalid; or
(c) that the public interest in disclosing the
information clearly outweighs any prejudice to
the applicant.
(3) The Authority shall omit the information from the
Water Polluters Register where—
(a) the Authority does not contest the claim; or
(b) the Authority rejects the claim under subrule (2)
but the claim is upheld on an appeal pursuant to
rule 24.
Trade secrets
and confidential
business
information.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution Rules[Subsidiary]
218 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
1. Temperature Maximum variation of 3°C from ambient
2. Hydrogen ion (pH) Less than 6 or greater than 9.
3. Dissolved Oxygen Content (DO) 10
(BOD5 at 20° C)
5. Chemical Oxygen Demand (COD) >60
6. Total Suspended Solids (TSS) >l5
7. Total Oil and Grease (TO&G) or >10
n-Hexane Extractable Material (HEM)
8. Ammoniacal Nitrogen (as NH3-N) >0.01
9. Total Phosphorus (as P) >0.1
10. Sulphide (as H2S) >0.2
11. Chloride (as Cl-) >250
12. Total Residual Chlorine (as Cl2) 0. 2
13. Dissolved Hexavalent Chromium (Cr6+) >0.01
14. Total Chromium (Cr) >0.1
15. Dissolved Iron (Fe) >1.0
16. Total Petroleum Hydrocarbons (TPH) NIAA
17. Total Nickel (Ni) >0.5
18. Total Copper (Cu) >0.01
19. Total Zinc (Zn) >0.1
20. Total Arsenic (As) >0.01
21. Total Cadmium (Cd) >0.01
22. Total Mercury (Hg) >0.005
23. Total Lead (Pb) >0.05
24. Total Cyanide (as CN-) >0.01
25. Phenolic Compounds (as phenol) >0.1
26. Radioactivity NIAA
27. Toxicity NATE
28. Faecal Coliforms >100
29. Solid Waste No solid debris
FIRST SCHEDULE
REGISTER OF WATER POLLUTANTS
*All units are in milligrammes per litre (mg/L) except for temperature (°C), pH (pH units), turbidity
(NTU), faecal coliforms (counts per 100 ml), radioactivity (Bq/L) and toxicity (toxic units).
NIAA—no increase above ambient
NATE—no acute toxic effects
>—greater than 4 >4 >4 >4
3. Hydrogenion (pH) 6-9 6-9 6-9 6-9
4. Five-day Biological Oxygen 30 50 100 10
Demand (BOD5 at 20°C)
5. Chemical Oxygen Demand 250 250 250 60
(COD)
6. Total Suspended Solids (TSS) 50 150 200 15
7. Total Oil and Grease (TO&G) 10 15 100 No release
or n-Hexane Extractable\
Material (HEM)
8. Ammoniacal Nitrogen (as 10 10 10 0.1
NH3-N)
9. Total Phosphorus (as P) 5 5 5 0.1
10. Sulphide (as H2S) 1 1 1 0.2
11. Chloride (as Cl-) 250 NIAA NIAA NIAA
12. Total Residual Chlorine 1 1 2 0.2
(as Cl2)
13. Dissolved Hexavalent 0.1 0.1 0.1 0.01
Chromium (Cr6+)
14. Total Chromium (Cr) 0.5 0.5 0.5 0.1
15. Dissolved Iron (Fe) 3.5 3.5 3.5 1.0
16. Total Petroleum 25 40 80 No release
Hydrocarbons (TPH)
17. Total Nickel (Ni) 0.5 0.5 0.5 0.5
18. Total Copper (Cu) 0.5 0.5 0.5 0.01
19. Total Zinc (Zn) 2 2 2 0.1
20. Total Arsenic (As) 0.1 0.1 0.1 0.01
21. Total Cadmium (Cd) 0.1 0.1 0.1 0.01
22. Total Mercury (Hg) 0.01 0.01 0.01 0.005
23. Total Lead (Pb) 0.1 0.1 0.1 0.05
24. Total Cyanide (as CN-) 0.1 0.1 0.1 0.01
25. Phenolic Compounds (as 0.5 0.5 0.5 0.1
phenol)
26. Radioactivity NIAA NIAA NIAA NIAA
27. Toxicity NATE NATE NATE NATE
28. Faecal Coliforms 400 400 400 100
29. Solid Waste NSD NSD NSD NSD
Inland Coastal Marine
Environmentally
Surface Nearshore Offshore
Sensitive Areas
Water and/orGroundwater*
SECOND SCHEDULE
PERMISSIBLE LEVELS
Water Pollutants Receiving Environment
Levels or Conditions
No. Parameters or Substances
Rule 8.
[12/2007].
*All units are in milligrammes per litre (mg/L) except for temperature (°C), pH (pH units), faecal
coliforms (counts per 100 ml), radioactivity (Bq/L) and toxicity (toxic units).
NIAA—no increase above ambient
NATE—no acute toxic effects
NSD—No solid debris
>—greater than
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
220 Chap. 35:05 Environmental Management
LAWS OF TRINIDAD AND TOBAGO
WATER POLLUTION (FEES) REGULATIONS
made under section 96(2)
1. These Regulations may be cited as the Water Pollution
(Fees) Regulations.
2. In these Regulations—
“rule” means a rule of the Water Pollution Rules.
3. The fees payable to the Authority are set out in the
Second Column of the Schedule and are with respect to the
corresponding entry in the First Column.
4. All fees shall be paid immediately upon submission of an
application mentioned in the Schedule above save and except
annual permit fees which shall be payable on the anniversary
date of the grant of a new or renewed permit.
5. Services for which charges are payable under rule 17(4)
include consideration of applications and the use of specialised
expertise external to the Authority.
6. Charges paid to the Authority pursuant to rule 17(4)
which exceeds $10,000.00 shall require a statement of expenses
from the Authority identifying the cost items that resulted in the
charges exceeding $10,000.00.
142/2001.
[330/2006].
Citation.
Interpretation.
Fees.
Payment of
fees.
Services for
which charges
payable.
Charges
exceeding
$10,000.00.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Water Pollution (Fees) Regulations [Subsidiary]
Environmental Management Chap. 35:05 221
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SCHEDULE
FIRST COLUMN SECOND COLUMN
Rule 7
Application for Registration Certificate $1,000.00
Rule 7(4)
Application for Renewal of Registration
Certificate … … … … $500.00
Rule 8(2)
Annual Permit Fees … … … $10,000.00 per annum or part thereof
Rule 10(1)(b)
Application for a Permit … … $2,500.00
Rule 16(2)
Application for Changes after Grant of
Registration Certificate or Permit … $1,000.00
Rule 17(4)
Application for Variation of Permit … $10,000.00 but not exceeding $150,000.00
Rule 18(1)
Application for Transfer of Permit … $500.00
Rule 19(1)
Application for Renewal of Permit … $5,000.00
Rule 19(4)
Annual Permit Fees for Renewed
Permit … … … … $15,000.00
Rule 25(3)
Application for extract from Register of
Water Pollutants … … … $0.50 per page
Rule 26(1)
Application that Information Supplied be
omitted from the Water Polluters
Register … … … … $250.00
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
