ENVIRONMENTAL MANAGEMENT ACT - Legal Affairs

1 Current Authorised Pages Pages Authorised (inclusive) by 1 2 .. 3 92 .. 93 162 .. 163 192 .. 193 220 .. 221 269 .. Act3 of 2000 LAWS OF TRINIDAD AND TOBAGOCHAPTER 35:05 ENVIRONMENTAL MANAGEMENT ACTMINISTRY OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 20162 Chap. 35:05 ENVIRONMENTAL ManagementLAWS OF TRINIDAD AND TOBAGOI ndex of Subsidiary LegislationPageCertificate of ENVIRONMENTAL Clearance Rules (LN 104/2001).

2 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 Areas 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 Air Pollution Rules (LN 12/2015).

3 222 Air Pollution (Fees) Regulations (LN 13/2015).. 265 Note on OmissionNotices made under sections 28, 29, 35, 41 and 86 have been omitted. (These Notices dealwith submission for comments and final action in respect of Rules made under the Actwithin a definite period See the Current Edition of Acts and Subsidiary Legislation forreferences to these Notices).MINISTRY OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 ENVIRONMENTAL MANAGEMENT Chap. 35:05 3 LAWS OF TRINIDAD AND CHAPTER 35:05 ENVIRONMENTAL MANAGEMENT ACTARRANGEMENT OF SECTIONSSECTIONPART IPRELIMINARY 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 IIESTABLISHMENT AND ORGANISATION OF THEENVIRONMENTAL MANAGEMENT AUTHORITY 6.

4 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 IIIFUNCTIONS AND POWERS OF THE AUTHORITYFUNCTIONS 16. General functions of the Authority. 17. Information. 18. Development of National ENVIRONMENTAL Policy. 19. Development of ENVIRONMENTAL OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 20164 Chap. 35:05 ENVIRONMENTAL ManagementLAWS OF TRINIDAD AND TOBAGOPOWERS 20. General powers of the Authority. 21. Appointment of inspectors. 22. Powers of entry and inspection. 23. Obtaining information and samples.

5 24. Use of force. 25. Emergency response IVRULES AND PUBLIC PARTICIPATION 26. Rules. 27. Rule-making process. 28. Public comment procedure. 29. Preservation of administrative record. 30. Jurisdiction and standard for VENVIRONMENTAL MANAGEMENTGENERAL 31. Compliance with National ENVIRONMENTAL Policy. 32. Arrangements with governmental entities. 33. ENVIRONMENTAL Officers. 34. ENVIRONMENTAL incentive 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. OF SECTIONS ContinuedSECTIONMINISTRY OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 ENVIRONMENTAL MANAGEMENT Chap. 35:05 5 LAWS OF TRINIDAD AND PROTECTION OF NATURAL RESOURCES 41.

6 Designation of environmentally sensitive areas and species. 42. Notice of proposed action. 43. Control and MANAGEMENT . 44. Exception. 45. Co-ordination. 46. AND HAZARDOUS SUBSTANCES 47. Record-keeping and monitoring requirements. 48. General permit AND NOISE POLLUTION 49. MANAGEMENT of air and noise pollution. 50. Air pollution permits. 51. Prohibited air and noise POLLUTION 52. MANAGEMENT of water pollution. 53. Water pollution permits. 54. Prohibiting water 55. Waste MANAGEMENT . 56. Identification of hazardous wastes. 57. Waste permits and licences. 58. Waste SUBSTANCES AND SPILLS 59. MANAGEMENT of hazardous substances. 60. Hazardous substance prohibitions. 61. Notification of spills, releases and other OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 20166 Chap.

7 35:05 ENVIRONMENTAL ManagementLAWS OF TRINIDAD AND TOBAGOARRANGEMENT OF SECTIONS ContinuedSECTIONPART VICOMPLIANCE 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 VIIENVIRONMENTAL 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 moneys. 79. Finances of the Authority. 80. Financial accounting by the VIIIESTABLISHMENT AND JURISDICTION OFENVIRONMENTAL COMMISSION 81.

8 Establishment and jurisdiction of Commission. 82. Constitution of Commission. 83. Salary, allowances and conditions of service. 84. Procedure and jurisdiction of OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 ENVIRONMENTAL MANAGEMENT Chap. 35:05 7 LAWS OF TRINIDAD AND 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 IXMISCELLANEOUS 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 OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 20168 Chap.

9 35:05 ENVIRONMENTAL ManagementLAWS OF TRINIDAD AND TOBAGOCHAPTER 35:05 ENVIRONMENTAL MANAGEMENT ACT An Act to repeal and re-enact the EnvironmentalManagement Act, 1995 and to validate all acts andthings done thereunder.[8 THMARCH2000]WHEREAS, the Government of the Republic of Trinidad andTobago (hereinafter called the Government ) is committed todeveloping a national strategy for sustainable development,being the balance of economic growth with environmentallysound practices, in order to enhance the quality of life and meetthe needs of present and future generations:And whereas, MANAGEMENT and conservation of theenvironment and the impact of ENVIRONMENTAL conditions onhuman health constitute a shared responsibility and benefit foreveryone in the society requiring co-operation and co-ordinationof public and private sector activities:And whereas, while several public authorities and otherinstitutions have been performing various environmentalfunctions and services under existing laws, there is need for a co-ordinated approach to ensure the application of those laws isconsistent with the Government s commitment.

10 And whereas, sustainable development should be encouragedthrough the use of economic and non-economic incentives, andpolluters should be held responsible for the costs of theirpolluting activities:And whereas, in furtherance of its commitment, the Government isundertaking the establishment and operation of an EnvironmentalManagement Authority to co-ordinate, facilitate and overseeexecution of the national ENVIRONMENTAL strategy and programmes, topromote public awareness of ENVIRONMENTAL concerns, and to3 of OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 ENVIRONMENTAL MANAGEMENT Chap. 35:05 9 LAWS OF TRINIDAD AND establish an effective regulatory regime which will protect,enhance and conserve the environment:And whereas, for the purpose of supporting and strengtheningthe role of the said Authority, the Government is also undertakingthe establishment of the ENVIRONMENTAL Commission whichwould be endowed with the power to enforce the policies andprogrammes of the Authority:And whereas, it is enacted by subsection (1) of section 54 of theConstitution that Parliament may alter any of the provisions thereof:And whereas, it is provided by subsection (2) of the said section 54that insofar as it alters certain provisions of the Constitution a Billfor an Act of Parliament under the said section 54 shall not bepassed by Parliament unless at the final vote thereon in eachHouse it is supported by the votes of not less than two-thirds ofall the members of each House.