Act No.3 Vol.39 13th March 2000 · Country Planning Act, the developer shall deal directly with the entity responsible for town and country Issue or refusal of Certificate Monitoring

(3) An application made under this section shallbe made in accordance with the manner prescribed.

(4) The Authority in considering the applicationmay ask for further information including, if required,an environmental impact assessment, in accordancewith the procedure prescribed.

(5) Any application which requires thepreparation of an environment impact assessment shallbe submitted for public comment in accordance withsection 28 before any Certificate is issued by theAuthority.

36. (1) After considering all relevant matters,including the comments or representations madeduring the public comment period, the Authority mayissue a Certificate subject to such terms and conditionsas it thinks fit, including the requirement to undertakeappropriate mitigation measures.

(2) Where the Authority refuses to issue aCertificate, it shall provide to the applicant in writingits reasons for such action.

37. The Authority shall monitor the performance ofthe activity to ensure compliance with any conditions inthe Certificate, and to confirm that the performance ofthe activity is consistent with—

(a) the description provided in the applicationfor a Certificate; and

(b) the information provided in anyenvironmental impact assessment.

38. (1) Where an activity designated undersubsection 35(1) constitutes a development requiringthe express grant of permission under the Town andCountry Planning Act, the developer shall deal directlywith the entity responsible for town and country

Issue or refusal ofCertificate

Monitoring

Relationship withother governmentalentities

Chap. 35:01

34 No. 3 Environmental Management 2000

planning with respect to the application for aCertificate and any environmental impact assessmentwhich may be required.

(2) If the approval of any other entity is requiredunder a written law with respect to the proposedactivity, the issue of a Certificate shall not affect in anyway the requirement to obtain such other approvalbefore the proposed activity may proceed.

(3) In any instance where the Authoritydetermines that an environmental impact assessmentis required for an activity at any location, no otherentity shall grant any permit, licence, or otherdocumentary authorisation with respect to suchactivity, until a Certificate has been issued by theAuthority.

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 sectionfirst became applicable, all final approvalsnecessary to proceed already had beenobtained from all other governmentalentities requiring such approvals; and

(b) any activity with respect to which, prior tothe effective date on which review underthis section first became applicable, outlineplanning permission or full planningpermission under the Town and CountryPlanning Act had already been obtained.

40. Any final decision by the Authority to refuseissuance of a Certificate or to issue a certificate withconditions may be appealed to the Commission by theperson seeking such Certificate.

41. (1) The Authority may prescribe in accordancewith section 26(e) the designation of a defined portionof the environment within Trinidad and Tobago as an

Exceptions

Appeals

Designation ofenvironmentallysensitive areas andspecies

No. 3 Environmental Management 2000 35

“environmentally sensitive area”, or of any species ofliving plant or animal as an “environmentally sensitivespecies”, requiring special protection to achieve theobjects of this Act.

(2) For the purpose of subsection (1), designationshall be made by Notice published in the Gazette.

42. In pursuance of section 41(1), the Notice shallinclude—

(a) a comprehensive description of the area orspecies 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 regardto such species which are required toadequately protect the identifiedenvironmental concerns.

43. Any designation of an “environmentally sensitivearea” or “environmentally sensitive species”—

(a) may permit the wise use of such area orspecies and provide for the undertaking ofappropriate mitigation measures, but shallnot otherwise be deemed to authorise orpermit any activity not previouslyauthorised or permitted with respect tosuch area or species; and

(b) shall only require compliance with thespecific limitations on use or activitiesspecified in the designation.

44. Sections 41 to 43 shall not apply to any activitywith respect to which, prior to the date of designation ofan “environmentally sensitive area” or“environmentally sensitive species”, all final approvalsnecessary to proceed had already been obtained from orfor which application had been made to allgovernmental entities requiring such approvals.

Notice of proposedaction

Control andmanagement

Exception


45. For the purposes of sections 41 to 43 inclusive,the Authority shall co-ordinate with any governmentalentities having responsibility for planning andmanagement in such areas or with respect to suchspecies.

46. Any final action designating an “environmentallysensitive area” or “environmentally sensitive species”shall be capable of appeal to the Commission.

47. The Authority may, as prescribed by rule, requireany person who releases a pollutant from any premisesor vehicle, or who engages in the handling of anyhazardous substance, on a one-time or periodic basisto—

(a) sample and analyse such pollutant orhazardous substance, or material whichhas become contaminated with suchpollutant or hazardous substance, forspecified constituents or characteristics;

(b) install, use, and maintain such monitoringequipment, and implement suchenvironmental audit procedures, as may bespecified in any permit or licence issuedpursuant to this Act;

(c) establish and maintain records regardingsuch sampling, monitoring, andenvironmental auditing activities;

(d) establish and maintain records regardingpollution control equipment on thepremises (including records on controlequipment parameters, productionvariables and other indirect data whendirect monitoring is not required);

(e) submit reports and compliancecertifications; and

(f) provide such other information as theAuthority may require.

Co-ordination

Appeal

Recordkeeping andmonitoringrequirements


48. (1) Where an application is made under section50(3), 53(3), 57(4) or 60(2) for the grant of a permit orlicence under section 50(1), 53(1), 57(1) or 60(1),respectively, and the Authority requires furtherinformation for the purpose of dealing with theapplication, the Authority may require the person toprovide results of research or analysis to be undertakenby such person.

(2) The Authority may, as prescribed by rule,revoke, suspend, vary or cancel any provision in suchpermit or licence where the Authority determines suchaction is necessary.

(3) Any conditions imposed in respect of a permit,or a revocation, suspension, variation or cancellationtakes effect when notice is served on the holder of thepermit or such later time as the Authority may directin the notice.

(4) Any such revocation, suspension, variation orcancellation of a permit or licence shall be capable ofappeal to the Commission by the permit or licenceholder.

49. (1) The Authority shall, as soon as practicableafter the commencement of this Act, investigate theenvironment generally and such premises and vehiclesas it thinks necessary for the purpose of—

(a) ascertaining the extent of air and noisepollution and the significant sources ofpollutants which by their release cause orcontribute to such pollution; and

(b) characterising or describing that pollution.

(2) The Authority shall cause a register of air andnoise pollutants to be maintained as prescribed by rule,which shall contain data identifying the quantity,conditions or concentrations relevant to theidentification of each pollutant.

General permitconditions

Management of airand noise pollution


(3) The Authority shall develop and implement aprogramme for the management of such pollutionwhich shall include the registration and furthercharacterisation of significant sources of any ongoing orintermittent releases of air or noise pollutants into theenvironment.

50. (1) The Authority may require and grant permitsto authorise any process releasing air pollutantssubject to such terms and conditions as it thinks fit.

(2) The terms and conditions of a permit mayrelate to the design, construction, operation,maintenance and monitoring of the facility andprocesses releasing air pollutants.

(3) A person shall apply to the Authority for thegrant of an Air Pollution Permit in accordance with theform as determined by the Authority.

51. (1) No person shall release or cause to bereleased any air pollutant into the environment whichis in violation of any applicable standards, conditions orpermit requirements under this Act.

(2) No person shall emit or cause to be emittedany noise greater in volume or intensity thanprescribed in rules made under section 26 or by anyapplicable standards, conditions or requirements underthis Act.

52. (1) The Authority shall, as soon as practicableafter the commencement of this Act, investigate theenvironment generally and such premises and vehiclesas it thinks necessary for the purposes of—

(a) ascertaining the extent of water pollutionand significant sources of water pollutants;and

(b) characterising or describing that pollution.

Air pollution permits

Prohibited air andnoise pollution

Management ofwater pollution


(2) The Authority shall cause a register of waterpollutants to be maintained as prescribed by rule,which shall contain data identifying the quantity,conditions or concentrations relevant to theidentification of each pollutants.

(3) The Authority shall develop and implement aprogramme for the management of such pollutionwhich shall include the registration and furthercharacterisation of significant sources of any ongoing orintermittent releases of water pollutants into theenvironment.

53. (1) The Authority may require and grant permitsto authorise any process releasing water pollutantssubject to such terms and conditions as it thinks fit.

(2) The terms and conditions of a permit mayrelate to the design, construction, operation,maintenance, and monitoring of the facilities andprocesses releasing water pollutants.

(3) A person shall apply to the Authority for thegrant of a water pollution permit in accordance withthe form as determined by the Authority.

54. No person shall release or cause to be releasedany water pollutant into the environment which is inviolation of any applicable standards, conditions orpermit requirements under this Act.

55. (1) The Authority shall, as soon as practicableafter the commencement of this Act, investigate theenvironment generally and such premises and vehiclesas it thinks necessary for the purposes of—

(a) ascertaining the volume and nature ofwastes which are handled and disposed intothe environment; and

(b) identifying and characterising the differentcategories and the significant sources ofsuch wastes.

Water pollutionpermits

Prohibiting waterpollution

Waste management


(2) The Authority shall develop and implement aprogramme for the management of such wastes whichmay include the registration and furthercharacterisation of significant sources of wastes beingdisposed into the environment.

56. The Authority shall as soon as practicable afterthe commencement of this Act, submit to the Minister aprogramme to define those wastes which should bedeemed “hazardous wastes”, to establish requirementsfor the handling and disposal of hazardous wastes, toestablish appropriate standards and design criteria forhazardous waste handling and disposal facilities, andto establish licensing and permitting requirementswith respect to such wastes.

57. (1) The Authority may require and grant apermit to authorise any person’s waste disposalactivities, or licences for the operation of any wastehandling facility, subject to such terms and conditionsas it thinks fit.

(2) The terms and conditions of a licence underthis section may relate to the design, construction,operation, maintenance and monitoring of any wastehandling facility.

(3) The terms and conditions of a permit underthis section may relate to a person’s handling of anywaste.

(4) A person shall apply to the Authority for thegrant of such licence or permit as prescribed by rule.

58. No person shall handle or dispose of any waste orhazardous waste in a manner which is in violation ofany applicable licence, permit, standards, conditions orrequirements under this Act.

59. The Authority shall, as soon as practicable afterthe commencement of this Act, submit to the Ministera programme for the designation of specific hazardous

Identification ofhazardous wastes

Waste permits andlicences

Waste prohibitions

Management ofhazardoussubstances


substances and performance standards and proceduresfor the safe handling of such hazardous substances.

60. (1) After final designation of such specifichazardous substances and the establishment of theperformance standards and procedures under section26, a person shall not handle, or cause to be handled byany other person through contract, agreement or otherarrangement, any hazardous substance except inaccordance with—

(a) such performance standards andprocedures; or

(b) a licence or permit granted by theAuthority.

(2) A person shall apply to the Authority for thegrant of a licence or permit as prescribed by rule.

61. (1) As soon as practicable after thecommencement of this Act, and thereafter asappropriate, the Authority shall investigate anddesignate categories of circumstances involvingaccidental spills or other releases of pollutants, or otherincidents with respect to hazardous substances, whichmay present a risk to human health or theenvironment.

(2) The designation of such categories by theAuthority shall be submitted for public comment inaccordance with section 28.

(3) After the final designation of any categoriesunder this section, any person in charge of anypremises or vehicle shall, as soon as he has knowledgeof a release or other incident referred to in this sectionassociated with such premises or vehicle, notify theAuthority of such release or incident and provide to theAuthority—

(a) a brief description of the release orincident;

Hazardous substanceprohibitions

Notification of spills,releases and otherincidents


(b) an assessment of any damages or potentialrisks to human health or the environmentassociated with the release or incident;

(c) a description of the response measurestaken and to be taken to address andotherwise mitigate damages orcontamination resulting from the release orincident.

(4) The Authority shall investigate and evaluateany such release or incident as it thinks fit, and may—

(a) respond to the release or incident asauthorised under section 25; and

(b) develop and implement appropriateenvironmental programmes, standards,conditions, permits, licences orrequirements designed to avoid suchreleases or incidents in the future.

PART VI

COMPLIANCE AND ENFORCEMENT

62. For the purposes of this Part and Part VIII,“environmental requirement” means the requirementupon a person to—

(a) comply with the procedures for theregistration of sources from whichpollutants may be released into theenvironment;

(b) comply with the procedures and standardswith respect to permits or licences requiredfor any person to install or operate anyprocess or source from which pollutants willbe or may continue to be released into theenvironment;

(c) provide in a timely manner complete andaccurate information in any requiredsubmission to or communication with the

Environmentalrequirements


Authority or in response to any inspectionor request for information by the Authority;

(d) refrain from any unauthorised activitiesimpacting on the environment in an“environmentally sensitive area” or withrespect to an “environmentally sensitivespecies”;

(e) comply with the performance standards,procedures, licensing or permittingrequirements established for the handlingof hazardous substances;

(f) apply for and obtain a Certificate ofEnvironmental Clearance;

(g) comply with the conditions and mitigationmeasures in any such certificate;

(h) comply with the procedures and standardswith respect to the periodic or continualmonitoring of pollution or releases ofpollutants or conditions required under apermit or licence;

(i) provide timely and accurate notificationwith respect to an accidental orunauthorised release of a pollutant, orother incident with respect to a hazardoussubstance;

(j) control the release of pollutants in such amanner as to comply with any permit orlicence granted under section 50(1), 53(1),57(1) or 60(1);

(k) submit timely payment of required fees orcharges payable to the Authority; and

(l) comply with all other procedures,standards, programmes and requirementsin such a manner as may be prescribed byrule or regulation.


63. (1) Where the Authority reasonably believes thata person is in violation of an environmentalrequirement, the Authority shall serve a written noticeof violation (hereinafter called “Notice”) on such personin a form determined by the Board, which shallinclude—

(a) a request that the person make suchmodifications to the activity within aspecified time, as may be required to allowthe continuation of the activity; or

(b) an invitation to the person to makerepresentations to the Authorityconcerning the matters specified in theNotice within a specified time.

(2) Where a matter specified in the Notice maybe satisfactorily explained or otherwise resolvedbetween the person and the Authority—

(a) the Authority may cancel the Notice ordismiss the matters specified in the Notice;or

(b) an agreed resolution may be reduced inwriting into a Consent Agreement.

64. The Authority may issue an AdministrativeOrder under section 65 where the person—

(a) fails to make representations to theAuthority within the time specified in theNotice; or

(b) is unable to resolve with the Authority allmatters specified in the Notice.

65. (1) An Administrative Order served by theAuthority shall, where appropriate—

(a) specify details of the violation of one ormore environmental requirements;

(b) direct the person to immediately cease anddesist from the violation or specify a datefor coming into compliance;

Notice of violation

Issue ofAdministrativeOrder

AdministrativeOrders


(c) direct the person to immediately remedyany environmental conditions or damagesto the environment arising out of theviolation or specify a date by which suchremedial activities shall be completed;

(d) direct the person to undertake aninvestigation regarding any environmentalcircumstances or conditions within suchperson’s responsibility or control, includingany release of a pollutant into theenvironment or the handling of anyhazardous substance;

(e) direct the person to perform anymonitoring or recordkeeping activitieswhich may be required under section 47;

(f) include a proposed administrative civilassessment made by the Authority;

(g) direct a person to comply with any otherrequirement under this Act.

(2) Directives contained in an AdministrativeOrder served upon a person shall be deemed final andconclusive after the expiry of twenty-eight days, unlesswithin such period the person—

(a) appeals the Administrative Order to theCommission;

(b) reaches an agreement with the Authoritywhich is reduced in writing into a ConsentAgreement; or

(c) obtains an extension of time from theAuthority which is confirmed in writing.

(3) Any Administrative Order shall contain anotice 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 anadministrative civil assessment of—

(a) compensation for actual costs incurred bythe Authority to respond to environmentalconditions or other circumstances arisingout of the violation referenced in theAdministrative Order;

(b) compensation for damages to theenvironment associated with public landsor holdings which arise out of the violationreferenced in the Administrative Order;

(c) damages for any economic benefit oramount saved by a person through failureto comply with applicable environmentalrequirements; and

(d) damages for the failure of a person tocomply with applicable environmentalrequirements, in an amount determinedpursuant to subsections (2) and (3).

(2) In determining the amount of any damages tobe assessed under subsections (1)(c) and (d), theAuthority or the Commission shall take into account—

(a) the nature, circumstances, extent andgravity of the violation;

(b) any history of prior violations; and

(c) the degree of willfulness or culpability incommitting the violation and any good faithefforts to co-operate with the Authority.

(3) The total amount of any damages undersubsection (1)(d), shall not exceed—

(a) for an individual, five thousand dollars foreach violation and, in the case ofcontinuing or recurrent violation, onethousand dollars per day for each such

Administrative civilassessment


instance until the violation is remedied orabated; or

(b) for a person other than an individual, tenthousand dollars for each violation and, inthe case of continuing or recurrentviolations, five thousand dollars per day foreach such instance until the violation isremedied or abated.

67. (1) The Authority may file any ConsentAgreement or final Administrative Order and anapplication for enforcement with the Commission.

(2) Where an Administrative Order contains aproposed administrative civil assessment, thatassessment is not enforceable until such time as theCommission makes an Order determining the amountof such assessment.

68. Whenever the Authority reasonably believes thatany person is currently in violation of anyenvironmental requirement, or is engaged in anyactivity which is likely to result in a violation of anyenvironmental requirement, the Authority may inaddition to, or in lieu of, other actions authorised underthis Act—

(a) seek a restraining order or other injunctiveor equitable relief, to prohibit thecontinued violation or prevent the activitywhich will likely lead to a violation;

(b) seek an order for the closure of any facilityor a prohibition against the continuedoperation of any processes or equipment atsuch facility in order to halt or prevent anyviolation; or

(c) pursue any other remedy which may beprovided by law.

Application forenforcement

Other actions by theAuthority


69. (1) Any private party may institute a civil actionin the Commission against any other person for aclaimed violation of any of the specified environmentalrequirements identified in section 62, other thanparagraphs (c), (d) and (l), save where—

(a) the complainant has given written notice ofsuch claimed violation to the ManagingDirector of the Authority at least sixty daysprior to the commencement of the civilaction;

(b) the complainant has served a copy of thecomplaint on the Managing Director withintwenty-eight days of the date on which thecomplainant was first authorised to bringsuch an action.

(c) the Authority has not commenced anenforcement action under sections 63 to 67inclusive or through other appropriatemeans available to it under section 68regarding such claimed violation; and

(d) the Authority has not elected to assumeresponsibility for taking enforcement actionunder sections 63 to 68 inclusive withinsixty days after the filing of a direct privateparty action by the complainant.

(2) For purposes of this section, any individual orgroup of individuals expressing a general interest inthe environment or a specific concern with respect tothe claimed violation shall be deemed to have standingto bring a direct private party action.

(3) In any such action under this section, theAuthority or the Attorney General may intervene atany time as a matter of right.

(4) This section shall come into force and effecton a date to be fixed by the President.

Direct private partyactions


70. (1) Any person who through the release orhandling of any pollutant or hazardous substance, orthe arrangement for another person through anycontract or other agreement to release or handle anypollutant or hazardous substance, knowingly orrecklessly endangers human life or health, commits anoffence, and is liable on conviction on indictment, to afine of one hundred thousand dollars and imprisonment for two years.

(2) Any person who knowingly or recklesslyundertakes or conspires to allow any activity in an“environmentally sensitive area” or with respect to an“environmentally sensitive species” designated undersection 41, which may have an adverse impact on theenvironment within such area or on such species,commits an offence and is liable, on conviction onindictment, to a fine of one hundred thousand dollarsand imprisonment for two years.

(3) A complaint for any offence under thissection shall be made within three years from thecommencement of this Act, or from the time when anaction giving rise to such offence is first discovered bythe Authority.

(4) For the purposes of this section,endangerment of human life or health means placingone or more persons in danger of death or seriousbodily injury, including unconsciousness, extreme pain,or physical or mental impairment.

(5) Any action under this section may be inaddition to any other action taken by the Authorityunder this Part.

71. Where a violation of any environmentalrequirement has been committed by a person (otherthan an individual), any individual who at the time ofthe violation was a director, manager, supervisor,

Criminal offence forknowing or recklessendangerment

Liability of privateand public officials


partner or other similar officer or responsibleindividual, or who was purporting to act in suchcapacity, may be found individually liable for thatviolation if, having regard to the nature of his functionsin that capacity, the resources within his control ordiscretion, and his reasonable ability to prevent theviolation—

(a) the violation was committed with his directconsent or connivance; or

(b) he, with knowledge, did not exercisereasonable diligence to prevent thecommission of the violation.

PART VII

ENVIRONMENTAL TRUST FUND AND FINANCES

72. There is hereby established an EnvironmentalTrust Fund which shall be used to fund the operationsof the Authority and for other purposes authorisedunder this Act, including—

(a) incentive measures for reducingenvironmental pollution, protecting theenvironment and conserving naturalresources;

(b) demonstration projects of innovativetechnologies which reduce pollution, orwhich reduce or eliminate the use ofhazardous substances or the generation ofwastes;

(c) emergency response activities to addressactual or potential threats to human healthor the environment, including remediationor restoration of environmentally degradedsites, containment of any wastes,hazardous substances or otherenvironmentally dangerous conditions, or

Establishment andpurposes of the Fund


other appropriate precautionary measuresto prevent significant adverse effects onhuman health or the environment; and

(d) public awareness and educationprogrammes to enhance the understandingof environmental protection and naturalresource management issues withinTrinidad and Tobago.

73. (1) Five members of the Board of Directors ofthe Authority (other than the Managing Director) shallbe designated by the President to act as Trustees forthe Fund and shall be responsible for itsadministration.

(2) Service as a Trustee shall terminateautomatically at such time as a Trustee ceases to be amember of the Board.

74. The resources of the Fund shall consist of—

(a) such amounts as may be appropriatedannually or for special purposes byParliament for the use and operations ofthe Authority;

(b) such amounts which the Authority maycollect as payments for services rendered,fees due regarding permits, applications orlicences under this Act, fees due for thereview and processing of applications for aCertificate of Environmental Clearance andany environmental impact assessmentsrequired under section 35, fees charged forthe reasonable cost of providingenvironmental information to interestedpersons, or fees due from the users ofproperties under the administration andcontrol of the Authority;

Trustees for theFund

Resources of theFund


(c) such amounts which are provided to theAuthority or the Government of theRepublic of Trinidad and Tobago by foreignstates, international organisations,multilateral or bilateral lending agencies,private individuals, foundations,corporations or other entities to further theobjects of the Act and the NationalEnvironmental Policy under section 18;

(d) such amounts borrowed by the Authorityconsistent with section 77; and

(e) any other sums or amounts to which theFund may make a lawful claim.

75. (1) All monies which comprise the Fund andwhich do not have to be used immediately to defrayexpenses as provided for in section 78, shall be investedin such a manner as the Trustees consider fit which isdesigned to preserve the principal and achieve areasonable rate of return and such investments shall beapproved either generally or specifically by the Board.

(2) The Trustees shall possess the authoritynecessary, either directly or through authorised agents,to undertake such investments as are authorised undersubsection (1), including the power to buy and sell suchsecurities or other obligations as the Board determinesto be appropriate.

76. The Fund and the Authority shall be exemptedfrom stamp duty, corporation tax, customs duties, valueadded taxes, motor vehicle taxes, fees, charges,assessments, levies and imposts on any income orprofits or on assets which are acquired for use by theFund or the Authority.

77. (1) Subject to subsection (2), the Authority mayborrow any money required by it, for the efficientexercise of its functions or for meeting its obligations.

Investment of Fundmonies

Exemption fromtaxes

Borrowing by theFund


(2) Borrowing may be effected only with theapproval of the Minister to whom responsibility forfinance is assigned as to the amount, the sources ofborrowing, and the terms and conditions of the loan,and may be either general or limited to a particulartransaction and may be either unconditional or subjectto conditions.

(3) The Authority may not pledge its assets assecurity for any loan, without the written approval ofthe Minister to whom responsibility for theenvironment is assigned.

(4) The Authority is a statutory authority for thepurposes of the Guarantee of Loans (StatutoryAuthorities) Act.

78. (1) Contributions to the Fund may be designatedfor specific projects or made subject to specificconditions, in which case such contributions shall bepreserved and utilised solely for the designatedpurpose. In all other instances, the trustees areauthorised to pay for any of the following matters out ofthe general resources of the Fund—

(a) the operating expenses of the Authority,including the remuneration of membersand personnel thereof;

(b) the capital expenses, includingmaintenance and insurance of the propertyunder the administration and control of theAuthority;

(c) any payment toward the purchase of realproperty by the Authority to further theobjects of this Act; and

(d) any other expenses which are lawfullyrelated to the activities of the Authority.

(2) While funding for the Authority generallyshall be processed through the Fund, the Authority also

Use of Fund monies

Chap. 71:81


shall be authorised to receive and utilise directfinancial assistance or other support for specificprojects or activities which will not be processedthrough or accounted for by the Fund, where suchmethod of financial management is required as acondition established by an entity providing support tothe Authority.

(3) Any sums of money recovered against theAuthority for an action of the Authority, its personnelor any Environmental Officer acting in good faith in thecourse of the operations of the Authority, shall be paidout of the Fund.

79. (1) All salaries and direct expenses of theAuthority shall be paid out of the Fund or inaccordance with any grant or arrangement made withany entity providing funding for such matters.

(2) The Authority shall cause to be kept properaccounts and records of its transactions and financialaffairs.

(3) In the event conditions attached to financialassistance or other support for specific programmes oractivities require that such assistance or support beprocessed otherwise than through the Fund, theAuthority shall—

(a) maintain a proper audited accountingsystem; and

(b) disclose such matters in its annual reportas required under section 14.

(4) The Authority shall, not later than the firstday of July in each year prepare and submit to theMinister the estimates of revenue, other financialresources and expenditures of the Authority for thenext financial year in such form as the Minister maydirect.

Finances of theAuthority


(5) All monies collected by the Authority by wayof an administrative civil assessment under section 66,shall be deposited with the Comptroller of Accounts forthe account of the Consolidated Fund.

80. (1) The Board may, by resolution, make rules forthe system of accounting for the finances of the Fund,consistent with the best commercial accounting andfinancial standards.

(2) The Trustees shall keep proper accounts andother records in respect of the Fund in accordance withthe Exchequer and Audit Act, and the Fund shall beaudited annually by the Auditor General or by anauditor appointed in each year by the Board ofDirectors with the written consent of the AuditorGeneral.

(3) The Trustees of the Fund shall, not later thanthree months after the end of each financial year,submit to the Board of Directors a report dealinggenerally with the proceedings and policies of the Fundduring the preceding financial year and also containingfinancial statements and any other informationrelating to the Fund and its support of activitiesthrough the Authority as may be requested by theBoard.

(4) The financial year of the Fund shall be1st October to 31st September in each year.

(5) The Chairman of the Board shall submit tothe Minister a copy of every report submitted underthis section.

PART VIII

ESTABLISHMENT AND JURISDICTION OF ENVIRONMENTAL

COMMISSION

81. (1) A tribunal to be known as the EnvironmentalCommission is hereby established for the purpose ofexercising the jurisdiction conferred upon it by this Actor by any other written law.

Financial accountingby the Trustees

Chap. 69:01

Establishment andjurisdiction ofCommission


(2) The Commission shall consist of a Chairmanand such other members, including a DeputyChairman, as may be appointed under or in pursuanceof section 82.

(3) The Commission shall be a superior court ofrecord and have an official seal which shall be judiciallynoticed, and shall have in addition to the jurisdictionand powers conferred on it by this Act, all the powersinherent in such a court.

(4) The Commission shall have the power toenforce its own orders and judgments, and the samepower to punish contempts as the High Court ofJustice.

(5) The Commission shall have jurisdiction tohear and determine—

(a) appeals from decisions or actions of theAuthority as specifically authorised underthis Act;

(b) applications for deferment of decisionsmade under section 25 or deferment ofdesignations made under section 41;

(c) applications by the Authority for theenforcement of any Consent Agreement orany final Administrative Order, as providedin section 67;

(d) administrative civil assessments undersection 66;

(e) appeals from the designation of“environmentally sensitive areas orenvironmentally sensitive species” by theAuthority pursuant to section 41;

(f) appeals from a decision by the Authorityunder section 36 to refuse to issue acertificate of environmental clearance or togrant such a certificate with conditions;

(g) appeals from any determination by theAuthority to disclose information or


materials claimed as a trade secret orconfidential business information undersection 23(3);

(h) complaints brought by persons pursuant tosection 69, otherwise known as the directprivate party action provision; and

(i) such other matters as may be prescribed byor arise under this Act or any other writtenlaw where jurisdiction in the Commission isspecifically provided.

(6) A Registrar of the Commission and such otherofficers, clerks and employees as may be required tocarry out the business of the Commission shall beappointed in the manner authorised by the law.

82. (1) The Commission shall be comprised of a full-time Chairman, and five other members including aDeputy Chairman each of whom may be appointed toserve in a full-time, part-time or periodic capacity asmay be required to fulfill the objects of this Act.

(2) The Chairman and Deputy Chairman of theCommission shall each be an attorney-at-law of not lessthan ten years standing, and shall be appointed by thePresident.

(3) The members of the Commission, other thanthe Chairman and Deputy Chairman, shall beappointed by the President from among such persons asappear to the President to be qualified by virtue of theirknowledge of, or experience in environmental issues,engineering, the natural sciences or the social sciences.

(4) All members of the Commission shall holdoffice under such requirements and conditions ofservice and for such term, not less than three years, asmay be determined by the President and set forth inthe terms of reference at the time of their appointment,and shall be eligible for reappointment.

Constitution ofCommission


(5) Notwithstanding that his term of office hasexpired, any member of the Commission may, with thepermission of the President acting on the advice of theChairman of the Commission, continue in office forsuch a period after the expiry of his term, as may benecessary to deliver judgment, or to do any other thingin relation to proceedings that were commenced beforesuch member prior to the expiry of his term of office.

(6) Any member of the Commission may, at anytime by notice in writing to the President, resign hisoffice.

(7) The President may remove from office anymember of the Commission for inability, misbehaviouror on the ground of any employment or interest whichis incompatible with the functions of a member of theCommission.

(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 steadof such member during his illness or incapability oruntil the office is filled, as the case may be.

(9) No defect in the qualifications or appointmentof any member of the Commission shall vitiate anyproceedings thereof.

83. (1) There shall be paid to each member of theCommission, and to a person appointed to act in orperform the functions of any member of theCommission, such salary or remuneration and suchallowances as may be prescribed by Order of thePresident and such salary or remuneration andallowances shall be a charge on the Consolidated Fund.

(2) Such other conditions of service shall beapplicable to the Chairman, Deputy Chairman andother members of the Commission as may be prescribedby Order of the President.

Salary, allowances,and conditions ofservice


(3) The salary, remuneration, allowances and theother conditions of service of the Chairman, DeputyChairman and of any other member of the Commissionshall not be altered to his disadvantage after beingappointed to the Commission or during his tenure ofoffice.

84. (1) The jurisdiction and powers of theCommission may be exercised by the Chairman or theDeputy Chairman and two other members selected bythe Chairman or Deputy Chairman, for the purpose ofany case or proceeding which may be brought beforethe Commission.

(2) Notwithstanding subsection (1), thejurisdiction of the Commission may be exercised withrespect to—

(a) any matter, by the Chairman or DeputyChairman sitting alone or with one othermember if the parties consent thereto;

(b) any matter of practice or procedure that iscontested by the parties, by the Chairmanor Deputy Chairman or any member of theCommission who is an attorney-at-law andis assigned for that purpose by theChairman of the Commission; and

(c) any matter of practice or procedure whichis uncontested by the parties by anymember of the Commission assignedgenerally or specifically for that purpose bythe Chairman of the Commission.

(3) The Commission shall encourage and promotealternative dispute resolution, being any mechanismfor resolving disputes other than by way of litigation.

(4) The jurisdiction of the Commission to punisha contempt committed in the face or hearing of theCommission when constituted by a single member maybe exercised by that member; in any other case, the

Procedure andjurisdiction ofCommission


jurisdiction of the Commission to punish a contemptshall be exercised by a division of the Commissionconsisting of at least two members, one of whom shallbe the Chairman or Deputy Chairman of theCommission.

(5) Subject to any rules which may be madeunder this section, the Commission may sit inmore than one division at such times and in suchplaces in any part of Trinidad and Tobago as may bemost convenient for the determination of proceedingsbefore it.

(6) Unless rules made under this sectionotherwise provided fourteen clear days’ notice shall begiven to the appellant and to the respondent of the datefixed for the hearing of a matter by the Commission.

(7) In the case of a direct private party actionbrought under section 69, fourteen clear days’ noticeshall be given to the complainant and to therespondent, of the date fixed for the hearing of a matterby the Commission.

(8) The Chairman of the Commission, whenpresent, shall preside, and, in the absence of theChairman, the Deputy Chairman shall preside.

(9) Any appellant, complainant or respondentmay appear before the Commission in person or may berepresented by an attorney-at-law.

(10) The Commission, as respects the attendanceand examination of witnesses, the production andinspection of documents, the enforcement of its orders,the entry on and inspection of property, and othermatters necessary or proper for the due exercise of itsjurisdiction, shall have all such powers, rights andprivileges as are vested in the High Court of Justice onthe occasion of an action.


(11) A summons signed by the Registrar of theCommission shall have the same force and effect as anyformal process capable of being issued in any actiontaken in the High Court for enforcing the attendance ofwitnesses and compelling the production of documents.

(12) In any matter before the Commission, theCommission may order that written arguments and acitation of authorities be submitted to the Commissionin addition to or with the consent of the parties, inplace of an oral hearing.

(13) The decision of the Commission shall be thatof the majority of the members present, but the opinionof the presiding member shall prevail on any matterarising in the course of any proceedings which, in hisopinion, is a question of law.

(14) The decision of the Commission in anyproceedings shall be delivered by the presiding memberand any member may provide a concurring ordissenting opinion to the decision of the Commission.

(15) The Commission may, subject to theapproval of the President, make rules not inconsistentwith this Act governing the carrying on of its businessand the practice and procedure in connection withappeals to the Commission and other proceedings, andthe regulating of any matters relating to the cost ofproceedings before the Commission.

(16) The presiding member may, subject to therules of the Commission and to this Act, determine theprocedure to be followed in any appeal or otherproceedings.

(17) Where by any written law there is conferredon the Commission jurisdiction which was previouslyexercised by another court, tribunal, authority or


person (hereinafter called the “former tribunal”), thensubject to section 85 and to any rules made under thissection—

(a) the procedure which governed the exerciseof the jurisdiction by the former tribunalshall continue, mutatis mutandis, to governsuch exercise by the Commission;

(b) the decisions of the Commission in relationto such exercise are enforceable in the sameway as those of the former tribunal; and

(c) the effect of things done in or for thepurpose of that jurisdiction by the formertribunal shall be preserved.

(18) The Commission may hear any case orproceeding in camera where such procedure isreasonably required to protect the interests of a partyto the case or proceeding.

85. (1) This section applies to every appeal to theCommission under this Act or any other written law.

(2) The appeal shall be instituted by filing withthe Registrar of the Commission a notice of appeal andserving a copy thereof on the secretary of the Authorityor other respondent.

(3) Any appeal instituted under this section shallbe filed within twenty-eight days of the service on theperson seeking to appeal the decision of the Authorityor other respondent, or within such other time as maybe prescribed by rules made under section 84(15).

(4) Notwithstanding subsection (3), an appealmay be instituted out of time if the Commission issatisfied that there was a reasonable cause for notappealing within the time limit and that the appealwas filed thereafter without unreasonable delay.

Notices of appeal


(5) The notice of appeal shall describe thespecific dispute and specify the grounds of appeal, andshall be in such form as may be prescribed by rules ofthe Commission.

(6) If on the hearing of the appeal the appellantdesires to go into any ground of appeal which was notspecified in the notice of appeal, and the omission ofthat ground from the notice was in the opinion of theCommission not wilful or unreasonable, theCommission shall not by reason of anything insubsection (5), be precluded from allowing theappellant to go into that ground or taking it intoconsideration.

(7) Immediately after receiving the notice ofappeal, or within such other time as may be prescribedby Regulations made under this Act. The Authority orother respondent shall forward to the Commissioncopies of all documents relevant to the decision which isthe subject of the appeal.

86. (1) The onus of proving that the decisioncomplained of is excessive or wrong is on the appellant.

(2) In appeals involving the Authority, there shallbe a presumption of regularity with regard to findingsof fact by the Authority, and such findings shall not bereversed unless the appellant affirmativelydemonstrates that there is no substantial evidencesupporting such findings of fact.

(3) Subject to subsection (4), the Commissionmay dispose of an appeal by—

(a) dismissing it;

(b) allowing it;

(c) allowing it and modifying the decision oraction of the Authority; or

Hearing anddetermination ofappeals


(d) allowing it and referring the decision oraction back to the Authority forreconsideration.

(4) Subject to rules made under section 84(15),the Commission may make an Order for the payment ofcosts to the successful party in relation to the whole ofthe proceedings before it, or any part thereof, includingcosts incurred in the summoning and attendance ofnecessary witness.

(5) The decision of the Commission is final on aquestion of fact and the amount of any administrativecivil assessment under section 66 however, an appealshall lie on any question of law to the Court of Appealupon entry of a final judgement by the Commission.

87. (1) The appellant or the Authority or othercomplainant or respondent, if dissatisfied with thedecision of the Commission as being erroneous in pointof law, may, within twenty-one days after the deliveryof the decision or within such other time as may beprescribed, appeal against such decision by—

(a) filing with the Registrar a notice in writing,in the prescribed form, identifying thespecific point or points of law alleged to bein error and requesting the Commission tostate and sign a case for the opinion of theCourt of Appeal; and

(b) serving a copy of the said notice on theSecretary of the Authority or otherrespondent or appellant in the underlyingaction, as the case may be.

(2) The case shall set forth the facts and thedetermination of the Commission relevant to thespecific point or points of law alleged to be in error, andthe party requiring it shall transmit the case, whenstated and signed, to the Court of Appeal withintwenty-one days after receiving the same.

Statement of case foropinion of Court ofAppeal


(3) At or before the time when the partytransmits the case to the Court of Appeal, the partyrequiring it shall send notice in writing of the fact thatthe case has been stated on his application, togetherwith a copy of the case, to the other party or parties.

(4) The Court of Appeal shall hear and determineany question or questions of law arising on the case,and shall reverse, affirm or amend the determinationin respect of which the case has been stated, or shallremit the matter to the Commission with the opinion ofthe Court of Appeal thereon.

(5) The Court of Appeal may cause the case to besent back to the Commission for amendment on a pointof law and thereupon, the case shall be amendedaccordingly, and judgment shall be delivered after ithas been amended.

88. (1) Where the Authority has made a decisionunder section 25, or a designation under section 41, anaggrieved person may apply to the Commission for adeferment of the decision or designation on the groundsthat it is unreasonable having regard to all thecircumstances of the case, and the Commission maymake an Order for such deferment.

(2) An application for deferment undersubsection (1), may be made whether or not an appealagainst the decision or designation was filed at the timeof the making of the application, save however, that theappeal shall be filed in accordance with the provisionsof section 85.

(3) Where an appeal is not filed in accordancewith section 85, an Order for deferment made underthis section shall lapse at the expiry of the time for thefiling of the appeal.

Order for deferment


(4) On the determination of an appeal againstthe decision of, or designation by the Authority, theCommission may discharge the Order for deferment.

89. (1) This section shall apply to every directprivate party action brought pursuant to section 69.

(2) The Commission shall not have jurisdictionover any private party action unless the complainanthas given proper notice to the Authority of not lessthan sixty days before bringing such action as requiredunder section 69.

(3) A direct private party action shall beinstituted by filing a complaint with the Registrar ofthe Commission and serving a copy thereof on therespondent and the Secretary of the Authority, withintwenty-eight days of the date on which the complainantis first authorised to bring such an action.

(4) Notwithstanding subsection (3), a complaintmay be instituted out of time if the Commission issatisfied that there was a reasonable cause for notbringing the complaint within the time limit and thatthe complaint was filed thereafter, withoutunreasonable delay.

(5) The complaint shall specify those provisionsof this Act allegedly violated by the respondent, andsubject thereto, the complaint shall be in such form asmay be prescribed.

(6) The complainant may amend his complaintonly by leave given by the Commission or by writtenconsent of the respondent, but leave shall be givenfreely when justice so requires.

(7) At any time within sixty days after the filingof a direct private party action, the Authority mayassume responsibility for taking enforcement actionagainst the respondent by—

(a) pursuing the action before the Commission;

Direct private partyaction


(b) issuing an Administrative Order orentering a Consent Agreement and FinalOrder addressing the violation pursuant tosections 64 to 66 inclusive; or

(c) pursuing other appropriate means ofaddressing the violation available to theAuthority under this Act.

(8) In any instance where the Authority assumesresponsibility for an enforcement action undersubsection (7)(b) or (c), the Authority may seekdismissal without prejudice to the case before theCommission, in which case the Commission shall upondismissal award costs to the complainant, and theAuthority shall bear responsibility for payment ofcomplainant’s costs.

(9) The onus of proving that the allegations of thecomplaint are well-founded is on the complainant.

(10) The Commission may dispose of a complaintby—

(a) dismissing it;

(b) allowing it and issuing such an order aswould have been appropriate had theAuthority taken action pursuant to sections64 to 67 inclusive; or

(c) allowing it and referring the decision backto the Authority for reconsideration.

(11) The decision of the Commission is final on aquestion of fact; however, an appeal under section 87shall lie on any question of law to the Court of Appeal.

90. The President may make regulations generallyfor carrying out the provisions of this Part.

Regulations for theCommission


PART IX

MISCELLANEOUS

91. Service upon the Authority of any notice, order orother document shall be effected by delivering thesame, or by sending it by registered post addressed tothe Secretary, at the office of the Authority.

92. The Authority may institute proceedings orotherwise be a party in any legal proceedings arisingout of or in the course of the operation of this Act beforethe Commission or any other Court.

93. (1) The Attorney General shall have the power tointervene in any proceeding before the Commission asthe official representative of the Government ofTrinidad and Tobago.

(2) Where the Authority is a party in a case inwhich the Attorney General intervenes as authorised insubsection (1), the Authority may continue to berepresented by its own counsel.

94. (1) If any representative of the Authority,including any member of the Board, Trustee for theFund, employee of the Authority or EnvironmentalOfficer, directly or indirectly demands or accepts anyfee, perquisite, bribe, gratuity, recompense or reward,whether pecuniary or otherwise, from any person onaccount of anything done or to be done (or omitted or tobe omitted) by such representative in any way relatingto his office or employment, or if any representativeattempts to make any collusive agreement to neglecthis duty or to conceal or connive at any act wherebyany provision of this Act or any other law may beevaded or violated, such representative commits anoffence and is liable, on summary conviction, to a fine often thousand dollars and imprisonment for six months.

Service of documentson the Authority

Legal proceedings

Intervention by theAttorney General

Ethical standardsand prohibitions


(2) Every person who offers or provides to anyrepresentative of the Authority, including any memberof the Board, Trustee for the Fund, employee of theAuthority or Environmental Officer, any fee, perquisite,bribe, gratuity, recompense or reward, whetherpecuniary or otherwise, on account of anything done orto be done (or omitted or to be omitted) by suchrepresentative in any way relating to his office oremployment, or attempts to make any collusiveagreement for any such representative to neglect hisduty or to conceal or connive at any act whereby anyprovision of this Act or any other law may be evaded orviolated, commits an offence and is liable, on summaryconviction, to a fine of ten thousand dollars andimprisonment for six months.

95. (1) Where any member of the Board, as well asany Trustee for the Fund, employee of the Authority orEnvironmental Officer, has any actual or reasonablyperceived interest in a matter which would otherwisecome before such individual as part of the considerationor other action to be taken by the Authority, whethersuch interest is direct or indirect or arises because of apotential financial interest or an immediate familyrelationship, such member of the Board, employee orEnvironmental Officer shall declare the nature of suchinterest at the first practicable opportunity.

(2) In any instance which arises under subsection(1), such member of the Board, employee orEnvironmental Officer shall not vote or otherwiseparticipate in the decision-making process, or attemptto influence in any way the decision or action taken orto be taken by the Authority, with respect to suchmatter.

(3) If any action has already been taken by theBoard or the Authority before such interest has been

Conflict of interest


identified or disclosed, the action taken shall be subjectto reconsideration by the Board or the Authority.

(4) Any member of the Board, employee of theAuthority or Environmental Officer who knowinglyviolates the requirements of this section, commits anoffence and is liable, on summary conviction, to a fine offive thousand dollars.

96. (1) The Minister may make regulationsprescribing matters required or permitted by this Act tobe prescribed, or necessary or convenient for carryingout or giving effect to this Act.

(2) Without limiting the generality of subsection(1), the Minister shall have power to prescribe—

(a) the amount of charges and fees payable tothe Authority for or in relation toapplications, licences, permits or for theprovisions of services or materials providedby the Authority to any person;

(b) the amount of any other charges or feeswhich may be specified in any programmedeveloped by the Authority to encourageprotection and conservation of theenvironment;

(c) the manner of implementing policies andprogrammes referred to in section 16(1)(b).

(3) Regulations under this section may prescribespecific offences under this Act and provide that anyperson committing such an offence is liable, onsummary conviction, to a fine of not more than twentythousand dollars and imprisonment of not more thanone year.

97. All acts and things done or omitted to be doneunder the Environmental Management Act, 1995 (theformer Act) shall, notwithstanding any law to the

Regulations

Validation of acts oromissions


contrary, be deemed to have been lawfully done underthis Act, as if this Act had been in force at thecommencement of the former Act and all legalproceedings pending and all decisions issued or takenor in force at the commencement of this Act, shallcontinue to have full force and effect as if commenced,made or issued under this Act.

98. The Environmental Management Act, 1995 ishereby repealed.

Passed in the Senate this 14th day of December,1999.

N. COXClerk of the Senate

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the Senate and at the finalvote thereon in the Senate has been supported by thevotes of not less than two-thirds of all the members ofthe Senate, that is to say, by the votes of 28 members ofthe Senate.

N. COXClerk of the Senate

Passed in the House of Representatives this 21st dayof January, 2000.

J. SAMPSON-JACENTClerk of the House

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the House of Representativesand at the final vote thereon in the House has beensupported by the votes of not less than two-thirds of allthe members of the House, that is to say, by the votesof 27 members of the House.

J. SAMPSON-JACENTClerk of the House

Repeal of Act No. 3of 1995


PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2000

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Act No.3 Vol.39 13th March 2000 · Country Planning Act, the developer shall deal directly with the entity responsible for town and country Issue or refusal of Certificate Monitoring