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L.R.O.

Act

3 of 2000

LAWS OF TRINIDAD AND TOBAGO

CHAPTER 35:05

ENVIRONMENTAL MANAGEMENT ACT

UPDATED TO DECEMBER 31ST 2009


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2 Chap. 35:05 Environmental Management


Index of Sbsidiar LegislationPage

Certfcate of Envronmental Clearance Rules (LN 104/2001) 64

Nose Polluton Control Rules (LN 60/2001) 75

Nose Polluton Control (Fees) Reulatons (LN 51/2001) 101

Envronmentally Senstve Speces Rules (LN 63/2001) 102

Envronmentally Senstve Area Rules (LN 64/2001) 112

Envronmentally Senstve Area (Matura Natonal Par) Notce (LN 323/2004) 122

Certfcate of Envronmental Clearance (Desnated Actvtes) Order

(LN 103/2001) 134

Certfcate of Envronmental Clearance (Fees and Chares) Reulatons

(LN 91/2001) 145

Envronmental Commsson Rules of Practce and Procedure (LN 135/2002) 147

Note on Omissions

The follown Subsdary Leslaton have been omtted:

1. (1) Water Polluton Rules, 2001 (LN 130/2001)

[N.B. These Rules were made on 22nd June 2001 but were never laid in

Parliament, as a consequence the Water Pollu tion (Amendmen t) Rules , 2006

(LN 12/2007) cannot be included].

(2) Water Polluton (Fees) Reulatons, 2001 (LN 142/2001); Water Polluton (Fees)

Reulatons, 2006 (LN 330/2006).

(N.B. These Regulations were made with respect to the Water Pollution Rules, 2001

referred to in paragraph 1 (1) above).

2. Notces made under sectons 28, 29, 35 and 86 have been omtted. (These Notices

deal with submission for comments and final action in respect of Rules made under the

Act within a definite periodSee the Current Edition of Acts and Subsidiary Legislation

for references to these Notices).



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Environmental Management Chap. 35:05 3


L.R.O. 1/2009

CHAPTER 35:05


ARRANgEMENT OF SECTiONS

SECTION

PART I

PRELIMINARy

1. Short ttle and alteraton of the Consttuton.

2. interpretaton.

3. Act bnds the State.4. Objects of the Act.

5. Polcy drecton from the Mnster.

PART II

ESTABLISHMENT AND ORGANISATION OF THEENVIRONMENTAL MANAGEMENT AuTHORITy

6. Establshment, ncorporaton and consttuton of the Authorty.

7. Seal of the Authorty.

8. Meetns.

9. Deleaton.

10. Manan Drector.

11. Appontment of personnel.

12. Lmtaton of personal lablty.

13. Commttees, worn roups and advsory councls.

14. Annual report.

15. gudelnes to be made by the Board.

PART III

FuNCTIONS AND POWERS OF THE AuTHORITy

FuNCTIONS

16. general functons of the Authorty.

17. informaton.

18. Development of Natonal Envronmental Polcy.

19. Development of Envronmental Code.



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POWERS

20. general powers of the Authorty.

21. Appontment of nspectors.

22. Powers of entry and nspecton.

23. Obtann nformaton and samples.

24. Use of force.

25. Emerency response actvtes.

PART IV

RuLES AND PuBLIC PARTICIPATION

26. Rules.

27. Rule-man process.

28. Publc comment procedure.

29. Preservaton of admnstratve record.

30. Jursdcton and standard for appeal.

PART V

ENVIRONMENTAL MANAGEMENTGENERAL

31. Complance wth Natonal Envronmental Polcy.

32. Arranements wth overnmental enttes.

33. Envronmental Offcers.

34. Envronmental ncentve prorammes.

ASSESSMENT OF ENVIRONMENTAL IMPACTS

35. Certfcate of envronmental clearance.

36. issue or refusal of Certfcate.

37. Montorn.

38. Relatonshp wth other overnmental enttes.

39. Eceptons.

40. Appeals.

ARRANgEMENT OF SECTiONSContinuedSECTION



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L.R.O. 1/2009

PROTECTION OF NATuRAL RESOuRCES

41. Desnaton of envronmentally senstve areas and speces.

42. Notce of proposed acton.

43. Control and manaement.

44. Ecepton.

45. Co-ordnaton.

46. Appeal.

POLLuTION AND HAzARDOuS SuBSTANCES

47. Record-eepn and montorn requrements.

48. general permt condtons.

AIR AND NOISE POLLuTION

49. Manaement of ar and nose polluton.

50. Ar polluton permts.

51. Prohbted ar and nose polluton.

WATER POLLuTION

52. Manaement of water polluton.53. Water polluton permts.

54. Prohbtn water polluton.

WASTES

55. Waste manaement.

56. identfcaton of hazardous wastes.

57. Waste permts and lcences.

58. Waste prohbtons.

HAzARDOuS SuBSTANCES AND SPILLS

59. Manaement of hazardous substances.

60. Hazardous substance prohbtons.

61. Notfcaton of splls, releases and other ncdents.

SECTION



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ARRANgEMENT OF SECTiONSContinuedSECTION

PART VI

COMPLIANCE AND ENFORCEMENT

62. Envronmental requrements.

63. Notce of volaton.

64. issue of Admnstratve Order.

65. Admnstratve Orders.

66. Admnstratve cvl assessment.

67. Applcaton for enforcement.68. Other actons by the Authorty.

69. Drect prvate party actons.

70. Crmnal offence for nown or recless endanerment.

71. Lablty of prvate and publc offcals.

PART VII

ENVIRONMENTAL TRuST FuND AND FINANCES

72. Establshment and purposes of the Fund.

73. Trustees for the Fund.

74. Resources of the Fund.75. investment of Fund mones.

76. Eempton from taes.

77. Borrown by the Fund.

78. Use of Fund mones.

79. Fnances of the Authorty.

80. Fnancal accountn by the Trustees.

PART VIII

ESTABLISHMENT AND juRISDICTION OFENVIRONMENTAL COMMISSION

81. Establshment and jursdcton of Commsson.

82. Consttuton of Commsson.

83. Salary, allowances and condtons of servce.

84. Procedure and jursdcton of Commsson.



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L.R.O. 1/2009

SECTION

85. Notces of appeal.

86. Hearn and determnaton of appeals.

87. Statement of case for opnon of Court of Appeal.

88. Order for deferment.

89. Drect prvate party acton.

90. Reulatons for the Commsson.

PART IX

MISCELLANEOuS

91. Servce of documents on the Authorty.

92. Leal proceedns.

93. interventon by the Attorney general.

94. Ethcal standards and prohbtons.

95. Conflct of nterest.

96. Reulatons.

97. Valdaton of acts or omssons.



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CHAPTER 35:05


An Act to repeal and re-enact the Environmental

Management Act, 1995 and to validate all acts and

things done therender.

[8TH MARCH 2000]

WHEREAS, the government of the Republc of Trndad andTobao (herenafter called the government) s commtted to

developn a natonal stratey for sustanable development,ben the balance of economc rowth wth envronmentallysound practces, n order to enhance the qualty of lfe and meetthe needs of present and future eneratons:

And whereas, manaement and conservaton of theenvronment and the mpact of envronmental condtons onhuman health consttute a shared responsblty and beneft foreveryone n the socety requrn co-operaton and co-ordnatonof publc and prvate sector actvtes:

And whereas, whle several publc authortes and othernsttutons have been performn varous envronmentalfunctons and servces under estn laws, there s need for a co-ordnated approach to ensure the applcaton of those laws sconsstent wth the governments commtment:

And whereas, sustanable development should be encouraedthrouh the use of economc and non-economc ncentves, andpolluters should be held responsble for the costs of therpollutn actvtes:

And whereas, n furtherance of ts commtment, the government sundertan the establshment and operaton of an Envronmental

Manaement Authorty to co-ordnate, facltate and oversee

eecuton of the natonal envronmental stratey and prorammes, to

promote publc awareness of envronmental concerns, and to

3 of 2000.

Commencement.

Preamble.



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L.R.O. 1/2009

establsh an effectve reulatory reme whch wll protect,enhance and conserve the envronment:

And whereas, for the purpose of supportn and strenthenn

the role of the sad Authorty, the government s also undertan

the establshment of the Envronmental Commsson whch

would be endowed wth the power to enforce the polces and

prorammes of the Authorty:

And whereas, t s enacted by subsecton (1) of secton 54 of the

Consttuton that Parlament may alter any of the provsons thereof:

And whereas, t s provded by subsecton (2) of the sad secton 54

that nsofar as t alters certan provsons of the Consttuton a Bll

for an Act of Parlament under the sad secton 54 shall not be

passed by Parlament unless at the fnal vote thereon n each

House t s supported by the votes of not less than two-thrds of

all the members of each House:

And whereas, t s ntended by ths Act to alter the Consttuton.

PART I

PRELIMINARy

1. (1) Ths Act may be cted as the Envronmental

Manaement Act.

(2) Ths Act shall be construed as altern sectons 104

to 107, 136 and 137 of the Consttuton.

2. in ths Act, unless the contet otherwse requres

ar pollutant means any pollutant released nto or whch

otherwse has an mpact on the atmosphere or clmate;

Authorty means the Envronmental Manaement Authortyestablshed under secton 6;

Board means the Board of Drectors of the Envronmental

Manaement Authorty apponted under secton 6;

Short ttle andalteraton of theConsttuton.

interpretaton.



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Commsson means the Envronmental Commssonestablshed under secton 81;

envronment means all land, area beneath the land surface,atmosphere, clmate, surface, surface water, roundwater,sea, marne and coastal areas, seabed, wetlands and naturalresources wthn the jursdcton of Trndad and Tobao,and envronmental shall have the correspondn meann;

Envronmental Offcer means any person authorsed undersecton 33;

envronmental requrement means any of those provsonsspecfcally dentfed under secton 62;

envronmentally senstve area means a porton of theenvronment so desnated under secton 41;

envronmentally senstve speces means any speces of lvnplant or anmal so desnated under secton 41;

Fund means the Envronmental Trust Fund establshed undersecton 72;

overnmental entty means any

(a) department of government;

(b) statutory body; and

(c) other enterprse or nsttuton whch,n whole or n part, s publcly funded or owned by thegovernment;

handln n relaton to any hazardous substance or waste meansthe manufacture, mport, eport, processn, treatment,pacan, storae, transportaton, use, collecton, dsposal,or other related actvtes;

hazardous substance means any substance whch, by reason ofts chemcal or physcal propertes, and based on techncal,scentfc and medcal evdence s determned to causethrouh handln or from a release, harm to human health or

the envronment;

nspector means an ndvdual apponted under secton 21;

Manan Drector means the Manan Drector of theAuthorty apponted under secton 6;



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natural resources means the lvn plants, anmals, oransmsand other bolocal factors wthn the envronment, and the

eoloc formatons, mneral deposts, renewable and non-

renewable assets, and the habtat of the lvn plants,

anmals, oransms and other bolocal factors;

nose polluton means any dsturbance of the envronment by a

pollutant consstn of sound or other vbratons;

person ncludes any ndvdual or any frm, busness, company,

enterprse, body corporate, trust, unncorporated assocaton,

partnershp, or overnmental entty, however consttuted;

pollutant shall have the correspondn meann;polluton means the creaton or estence of any devaton from

natural condtons wthn the envronment, whch based on

techncal, scentfc or medcal evdence s determned to

cause or to be lely to cause harm to human health or the

envronment, resultn from

(a) the presence or release of any substance; or

(b) any other type of dsturbance, whether by nose,

enery, radaton, temperature varaton,

vbraton, or objectonable odors; and

premses means any locaton wthn the envronment, and anyfaclty, buldn, process, equpment, development, or

natural or man-made structure at such locaton, from or on

whch pollutants may be released or hazardous substances

may be handled;

process means any actvty assocated wth any premses or

vehcle whch s capable of releasn a pollutant or

hazardous substance nto the envronment;

proramme ncludes

(a) the partcular objectve to be acheved by a

course of acton;

(b) the polces to be developed or mplemented,

and the procedures to be followed, n achevn

that objectve; and



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(c) the allocaton of resources and personnel drectedtowards vn effect to that course of acton;

release ncludes any dsposn, splln, emttn, lean, orother ncdence of dschare nto the envronment of anyhazardous substance or pollutant;

rule means a rule made n accordance wth secton 26 unless

otherwse specfed;

vehcle means any form of conveyance or transportaton

(a) from whch pollutants may be released; or

(b) used for or n connecton wth the handln of

any wastes or hazardous substances;waste ncludes any materal dscarded or ntended to be

dscarded whch

(a) consttutes arbae, refuse, slude, or other

sold, lqud, sem-sold or aseous materal

resultn from any resdental, communty,

commercal, ndustral, manufacturn, mnn,

petroleum or natural as eploraton, etracton

or processn, arcultural, health care, or

scentfc research actvtes; or

(b) s otherwse dentfed by the Authorty as awaste under secton 55;

water pollutant means any pollutant released nto or

whch otherwse has an mpact on the surface water,

sea, roundwater, wetlands, or marne areas wthn

the envronment.

3. Ths Act bnds the State.

4. The objects of ths Act are to

(a) promote and encourae amon all persons a

better understandn and apprecaton of the

envronment;

(b) encourae the nteraton of envronmental

concerns nto prvate and publc decsons;

Act bndsthe State.

Objects ofthe Act.



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L.R.O. 1/2009

(c) ensure the establshment of an nteratedenvronmental manaement system n whch the

Authorty, n consultaton wth other persons,

determnes prortes and facltates co-

ordnaton amon overnmental enttes to

effectvely harmonse actvtes desned to

protect, enhance and conserve the envronment;

(d) develop and effectvely mplement wrtten laws,

polces and other prorammes for and n

relaton to

() the conservaton and wse use of theenvronment to provde adequately for

meetn the needs of present and future

eneratons and enhancn the qualty

of lfe;

() the governments commtment to acheve

economc rowth n accordance wth

sound envronmental practces;

() the governments nternatonal

oblatons; and

(e) enhance the leal, reulatory and nsttutonal

framewor for envronmental manaement.

5. The Mnster may from tme to tme ve the Authorty

drectons of a specal or eneral character n the eercse of the

powers conferred and the dutes mposed on the Authorty by or

under ths Act.

PART II

ESTABLISHMENT AND ORGANISATION OF THE

ENVIRONMENTAL MANAGEMENT AuTHORITy

6. (1) There s hereby establshed a body corporate to be

nown as the Envronmental Manaement Authorty, whch shall

be overned by a Board of Drectors consstn of the persons

apponted n accordance wth ths secton.

Polcy drectonfrom theMnster.

Establshment,ncorporatonand consttutonof the Authorty.



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(2) The Presdent shall appont (a) a Charman;

(b) nne other members drawn from the followndscplnes or roups, namely, envronmental

manaement, ecoloy, envronmental health,

enneern, labour, communty-basedoransatons, busness, economcs, publc

admnstraton, law and non-proft

envronmental non-overnmental oransatons.

(3) The Board shall appont a Manan Drector who

shall be the Chef Eecutve Offcer and an ex officio member.(4) A member of the Board other than the ex officio

member shall be apponted for a term not eceedn fve years,

and under such terms and condtons of servce as the Presdent

may f n the nstrument of appontment.

(5) The Board shall select from amon ts members aDeputy Charman.

(6) The Board shall appont a Corporate Secretary who

shall be an employee of the Authorty.

(7) The Charman may resn from offce by annstrument n wrtn addressed to the Mnster, and any other

member of the Board other than the ex officio member may resnfrom offce by an nstrument n wrtn addressed to the Charman.

(8) The Presdent may at any tme revoe the appontment

of a member of the Board other than the ex officio member.

(9) The names of members apponted to the Board shallbe publshed n the Gazette and at least one daly newspaper of

eneral crculaton.

7. (1) The Seal of the Authorty shall be ept n the custodyof the Charman, the Deputy Charman or the Secretary, as theBoard may determne, and may be affed to nstruments n thepresence of the Charman, or n the Charmans absence of theDeputy Charman, and of the Secretary.

Seal of the

Authorty.



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(2) The Seal of the Authorty shall be attested by thesnature of the Charman, or n the Charmans absence theDeputy Charman, and the Secretary.

(3) All documents other than those requred by law to bemade under seal may be made by, and all decsons of the Board,may be snfed under the hand of the Charman or n theCharmans absence, the Deputy Charman or Secretary.

8. (1) The Board shall meet at least once n each month andat such other tmes, and at such place, as the Charman determness necessary for the effcent performance of ts functons.

(2) The Charman may at any tme call a specal meetnof the Board and shall call such meetn wthn seven days ofthe recept of a requston for that purpose addressed to theCharman and sned by any three members of the Board.

(3) The Charman, or n the Charmans absence theDeputy Charman, shall presde at all meetns of the Board, andwhere both the Charman and the Deputy Charman are for anyreason unable to presde at a meetn, the members present mayappont a member to presde at that meetn.

(4) The quorum of the Board shall consst of sevenmembers.

(5) Decsons of the Board shall be adopted by amajorty of the votes and n a case n whch the votn s equal,the member presdn at the meetn shall n addton to thatmembers ornal vote have a castn vote.

(6) Mnutes of each meetn of the Board shall be taenn proper form and ept by the Secretary, and shall be confrmedby the Board.

(7) Subject to ths secton, the Board may by resolutonreulate ts own proceedns.

9. The Authorty may, ether enerally or on such termsand condtons as t thns ft, deleate any of ts functons orpowers to

(a) the Manan Drector; or

(b) any overnmental entty.

Meetns.

Deleaton.



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10. (1) The Manan Drector shall be enttled to such salary,remuneraton, allowances and other condtons of servce

(a) as the Board, wth the approval of the Mnstermay determne; or

(b) n accordance wth the terms or arranementsunder any rant from an entty provdnfundn for such matters.

(2) The Manan Drector shall mplement theprorammes of the Board.

(3) The Manan Drector may, ether enerally or on

such terms and condtons as he thns ft, deleate to anypersonnel of the Authorty, by nstrument n wrtn, such of hsfunctons or powers as he thns ft.

11. The Authorty shall appont such personnel as tconsders necessary on such terms and condtons as t thns ft.

12. No personal lablty shall attach to any member of theBoard, personnel of the Authorty or Envronmental Offcer for

(a) any act or omsson of the Authorty; or

(b) anythn done, permtted to be done or omtted

n ood fath n the course of operatons of theAuthorty by the Board, any personnel of theAuthorty or any Envronmental Offcer.

13. (1) The Board may appont such commttees,worn roups or advsory councls as t thns ft to assstn the performance of ts functons or to further the objectsof ths Act.

(2) One of the commttees establshed by theBoard shall

(a) nvestate, assess and report on the effectvenessof co-ordnaton between the Authorty and otherovernmental enttes, ncludn the functonnof Envronmental Offcers, and mae appropraterecommendatons to the Board; and

MananDrector.

Appontment ofpersonnel.

Lmtaton ofpersonallablty.

Commttees,worn roupsand advsorycouncls.



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(b) not later than three months after the end of eachcalendar year, submt a report of ts operatons,wth recommendatons to the Board.

(3) Personnel of the Authorty and other overnmentalenttes shall co-operate fully wth and provde nformatonrequested by any commttees, worn roups or advsorycouncls establshed by the Board.

14. (1) The Charman of the Board shall, not later than fourmonths after the end of each calendar year, submt to the Mnsteran annual report whch shall nclude

(a) an assessment of the state of the envronment;

(b) a descrpton of the actvtes of the Authortydurn the precedn year ncludn anassessment of the effectveness of co-ordnatonbetween the Authorty and other overnmentalenttes and ts plans and prorammes for thecurrent year;

(c) copes of any reports submtted by theTrustees of the Fund as requred undersecton 80(5), ncludn the audted annual

report of the Fund; (d) an accountn of any fnancal assstance or

other support, and dsclosure of the specfcprorammes and actvtes nvolved, wthrespect to matters not processed throuh oraccounted for by the Fund, as requred undersecton 79.

(2) The Mnster shall cause a copy of any reportsubmtted pursuant to subsecton (1) to be lad before Parlamentwthn twenty-eht days of ts recept by the Mnster, or f

Parlament s not then n sesson, wthn twenty-eht days of thecommencement of ts net sesson.

15. The Board may by resoluton, mae udelnes for tsown procedure.

Annual report.

gudelnes tobe made bythe Board.



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PART III

FuNCTIONS AND POWERS OF THE AuTHORITy

FuNCTIONS

16. (1) The eneral functons of the Authorty are to

(a) mae recommendatons for a NatonalEnvronmental Polcy;

(b) develop and mplement polces andprorammes for the effectve manaement andwse use of the envronment, consstent wth theobjects of ths Act;

(c) co-ordnate envronmental manaement functonsperformed by persons n Trndad and Tobao;

(d) mae recommendatons for the ratonalsatonof all overnmental enttes performnenvronmental functons;

(e) promote educatonal and publc awarenessprorammes on the envronment;

(f) develop and establsh natonal envronmentalstandards and crtera;

(g) montor complance wth the standards crtera

and prorammes relatn to the envronment; (h) tae all approprate acton for the preventon

and control of polluton and conservaton of theenvronment;

(i) establsh and co-ordnate nsttutonal lnaeslocally, reonally and nternatonally;

(j) perform such other functons as are prescrbed; and

(k) undertae anythn ncdental or conducve to theperformance of any of the foreon functons.

(2) in performn ts functons, the Authorty shall

facltate co-operaton amon persons and manae theenvronment n a manner whch fosters partcpaton andpromotes consensus, ncludn the encouraement and use ofapproprate means to avod or epedtously resolve dsputesthrouh mechansm for alternatve dspute resoluton.

generalfunctons ofthe Authorty.



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17. (1) The Authorty shall comple nformaton relatn tothe envronment.

(2) The Authorty may subject to subsectons (3) and

(4), mae such nformaton avalable to any person upon recept

of a wrtten request and payment of the prescrbed fee.

(3) When complyn wth a request made under subsecton

(2), the Authorty shall not dsclose or provde any nformaton

(a) that s subject to a trade secret or confdentalty

clam by a person supplyn the nformaton,

wthout the pror consent of that person; or

(b) f the Authorty determnes that dsclosure of thenformaton would compromse ts enforcement

proramme or be contrary to the natonal nterest.

(4) The Authorty shall provde a wrtten eplanaton of

any refusal to mae nformaton avalable when requested by a

person under ths secton.

18. (1) in furtherance of secton 16(1)(a), the Board shall

prepare and submt to the Mnster, not later than two years after

the commencement of ths Act or such other tme as the Mnster

may drect by Order, recommendaton for a comprehensveNatonal Envronmental Polcy (herenafter called the Polcy)

n accordance wth the objects of ths Act ncludn

(a) ncorporaton nto the Polcy of provsons

whch see to encourae the establshment of

nsttutonal lnaes locally, reonally and

nternatonally to further the objects of ths Act;

(b) an analyss of the leslatve, reulatory and

practcal ssues mpactn upon the

development and successful mplementaton of

the Polcy; and

(c) a proramme for promotn the Polcy andseen an effectve commtment from allroups and ctzens n the socety to acheve thestated objectves n the Polcy.

informaton.

Developmentof NatonalEnvronmentalPolcy.



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(2) in preparn ts recommendatons as provded nsubsecton (1), the Board shall develop and submt to theMnster a report whch may

(a) descrbe the eneral envronment andenvronmental condtons wthn Trndadand Tobao;

(b) specfy the eneral envronmental qualtyobjectves to be acheved and mantaned underthe Polcy;

(c) descrbe the ecolocal and other balancesrequred to be mantaned for the conservatonof natural resources and protecton of theenvronment;

(d) specfy the elements or areas of the envronmentwhch requre specal protecton;

(e) dentfy specfc benefcal uses of theenvronment to be permtted or protected by thePolcy;

(f) descrbe the ndcators, parameters or crterawhch wll be used n measurn envronmentalqualty; and

(g) establsh a proramme by whch theenvronmental qualty objectves, balances,benefcal uses and protectons referred to n theforeon pararaphs are to be acheved andmantaned.

(3) After consdern the recommendatons and reportdeveloped by the Board, the Mnster shall cause a draft of thePolcy to be

(a) prepared by the Board; and

(b) submtted for publc comment n accordance

wth secton 28.

(4) After consdern the publc comments receved onthe draft Polcy, the Board shall submt a revsed draft Polcy tothe Mnster for approval.



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L.R.O. 1/2009

(5) The Polcy may be revsed from tme to tme naccordance wth the procedures specfed n ths secton.

(6) The Mnster shall, wthn one month of the approvalof any polcy submtted under subsecton (4), cause the polcy tobe lad n Parlament.

19. (1) Wthn three years after the commencement of thsAct or such other tme as the Mnster may by Order drect, theAuthorty shall

(a) undertae a comprehensve evaluaton of thewrtten laws and varous prorammes whch

address envronmental ssues; and (b) develop and submt to the Mnster a draft

Envronmental Code provdn for the overallconsoldaton, ratonalsaton and modernsatonof such laws and prorammes.

(2) When developn the draft Envronmental Code,the Authorty shall consder and where approprate, seeto ncorporate

(a) the mposton of product chares where theproduct manufacturn process or usae s a

snfcant source of polluton; and(b) the adjustment of drect government subsdes,

or the establshment of ta dfferentaton or tancentves, to encourae benefcalenvronmental actvtes or to ensure that prcnreflects envronmental costs more adequately.

POWERS

20. (1) The Authorty has power to do all thns necessaryor convenent to be done for or n connecton wth theperformance of ts functons.

(2) Wthout lmtn the eneralty of subsecton (1), theAuthorty has power to

(a) acqure nformaton relevant for theperformance of ts functons;

Development ofEnvronmentalCode.

general powersof the Authorty.



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(b) requre the payment of chares and fees undersuch crcumstances as may be prescrbed;

(c) enter nto contracts;

(d) acqure, hold and dspose of real and personalproperty;

(e) occupy, use and control any land or buldnowned or held under lease by any overnmentalentty and made avalable to the Authorty for tspurposes;

(f) accept fts, devses and bequests made to theAuthorty whether on trust or otherwse, and act

as trustee of moneys or other property vested nthe Authorty upon trust; and

(g) do anythn ncdental to any of ts powers.

21. (1) The Authorty may by nstrument n wrtn appontas an nspector, any

(a) personnel of the Authorty;

(b) Envronmental Offcer; or

(c) other ndvdual retaned by the Authorty,

and specfy n that nstrument the powers that such person may

eercse as an nspector under ths Act.

(2) The Authorty shall cause to be ssued to eachnspector, an dentty card n the form determned by the Boardcontann a photoraph of the holder.

22. (1) Subject to subsecton (2), any nspector shall, uponpresentaton of hs dentty card and reasonable evdence of hsauthorsaton by the Authorty to the occuper or person n chareof any premses or vehcle, be allowed entry nto such premsesor vehcle for the purpose of

(a) developn or assstn n the development of

any proramme or standard under ths Act;

(b) montorn complance wth any envronmentalproramme, standard, condton, permt, lcenceor requrement under ths Act;

Appontment ofnspectors.

Powers of entryand nspecton.



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L.R.O. 1/2009

(c) obtann nformaton and samples, andconfscatn any artcle relevant to an offence or

volaton; and

(d) carryn out any provson or requrement of

ths Act.

(2) An nspector shall not be permtted to enter

such premses or vehcle, or obtan any nformaton under ths

Part, unless

(a) the occuper or the person n chare of the

premses or vehcle consents to the entry; or

(b) where the occuper or the person n chare of thepremses or vehcle does not consent, the

Authorty frst obtans a warrant ssued by a

Justce of the Peace or Mastrate.

23. (1) in the course of any entry permtted by secton 22, an

nspector shall, where necessary and relevant to any envronmental

proramme, standard, condton, permt, lcence or requrement under

ths Act, be allowed to revew and copy any documents and records,

tae photoraphs, nspect any premses or vehcle, and tae samples

for purposes of laboratory analyss of any ar, water, sol or other

materal from such premses or vehcle.

(2) if any samples are taen pursuant to subsecton (1), the

owner or operator of such premses or vehcle shall, upon request, be

provded wth a recept for the sample collected whch dentfes the

types of analyses to be performed, and a porton of the sampled

materal properly collected n an approprate contaner.

(3) in any nstance where the Authorty requests any

nformaton from a person under ths secton, and the person asserts

a clam that the nformaton provded to the Authorty should be

treated as a trade secret or confdental busness nformaton, the

Authorty shall treat such nformaton as confdental unless

(a) the person does not dsclose any vald bass forthe confdentalty clam, wthn fourteen daysafter recept of a request by the Authorty; or

Obtannnformaton andsamples.



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(b) the Authorty determnes that the publc nterestn dsclosn the nformaton clearly outwehsany prejudce to the person who has suppled thenformaton to the Authorty, and the Authortyprovdes such person wth a reasonableopportunty to contest such determnaton n theCommsson pror to any publc dsclosure ofthe nformaton.

24. if the use of force s requred n eecutn a warrant,performn an nspecton, obtann samples or other

nformaton, or performn any other functon under ths Act, thenspector shall be accompaned by a polce offcer who shallrender such reasonable assstance as may be necessary.

25. Whenever the Authorty reasonably beleves that a release orthreat of release of a pollutant or hazardous substance, or any otherenvronmental condton, presents a threat to human health or theenvronment, the Authorty may, after consultaton wth the Mnsterand n co-ordnaton wth other approprate overnmental enttes,undertae such emerency response actvtes as are requred toprotect human health or the envronment, ncludn

(a) the remedaton or restoraton of envronmentallyderaded stes;

(b) the contanment of any wastes, hazardoussubstances or envronmentally danerouscondtons; and

(c) such other approprate measures as may benecessary to prevent or mtate adverse effectson human health or the envronment.

PART IV

RuLES AND PuBLIC PARTICIPATION

26. The Mnster may, n accordance wth secton 27, maeRules subject to neatve resoluton of Parlament, for the follown:

(a) procedures for the restraton of sourcesfrom whch pollutants may be released nto

Use of force.

Emerencyresponseactvtes.

Rules.



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L.R.O. 1/2009

the envronment and the charactersaton ofsuch sources;

(b) the quantty, condton or concentraton ofpollutants or substances contann pollutants thatmay be released nto the envronment enerally orby specfc sources or cateores of sources;

(c) procedures and standards wth respect topermts or lcences requred for a person tonstall or operate any process or other sourcefrom whch pollutants wll be or may contnueto be released nto the envronment;

(d) the form and manner of

() applyn for any lcence, permt orcertfcaton that may be requred orranted by the Authorty;

() revon, suspendn, varyn orcancelln a permt or lcence or acondton n that permt or lcence;

(e) procedures, standards and udelnes for theformal desnaton and protecton ofenvronmentally senstve areas or

envronmentally senstve speces undersecton 41;

(f) ncentve prorammes or mechansms whchencourae the use of effectve envronmentalsystems and the achevement of mprovementsn envronmental qualty, as provded nsecton 34;

(g) desnaton of hazardous substances or cateoresof hazardous substances under secton 59, and theperformance standards, procedures, safeuardsand lcensn or permttn requrements naccordance wth whch such hazardoussubstances shall be handled;

(h) the procedure to be followed by any personrequred to apply for and receve a certfcate of



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envronmental clearance, and the standards forpreparaton and submsson of anyenvronmental mpact assessment whch may berequred under sectons 35 to 38 nclusve;

(i) the defnton of varous cateores of waste undersectons 55 to 57 nclusve, the requrements wthrespect to the handln and dsposal of suchcateores of waste, and the lcensn of facltesat whch such wastes are handled or dsposed;

(j) procedures and standards for the perodc orcontnual montorn of pollutant releases n

conjuncton wth any process, actvty, vehcleor premses;

(k) the establshment of ambent envronmentalqualty crtera and standards whch may betaen nto account n settn any eneral,cateorcal or source-specfc lmtatons underpararaph (b) for any new or contnued releaseof pollutants nto the envronment;

(l) the desn, constructon, operaton,mantenance and montorn of facltes or

processes for the control of polluton and thehandln of wastes; and

(m) any other matter requred to be, or whch may beprescrbed by the Authorty.

27. (1) in the course of developn Rules, the Mnster shall

(a) submt draft Rules for publc comment naccordance wth secton 28;

(b) consder the publc comments receved andrevse the Rules as he thns ft;

(c) cause the Rules to be publshed n the Gazette

and lad thereafter n Parlament.

(2) Any Rules made by the Mnster shall becomeeffectve when the Rules are publshed n the Gazette or at suchlater tme as may be specfed n the Rules.

Rule-manprocess.



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L.R.O. 1/2009

28. (1) Where a provson of ths Act specfcally requrescomplance wth ths secton, the Authorty shall

(a) publsh a notce of the proposed acton n theGazette and at least one daly newspaper ofeneral crculaton

() advsn of the matter ben submttedfor publc comment, ncludn aeneral descrpton of the matterunder consderaton;

() dentfyn the locaton or locatonswhere the admnstratve record s

ben mantaned;

() statn the lenth of the publc commentperod; and

(v) advsn where the comments are tobe sent;

(b) establsh and mantan an admnstratve recordreardn the proposed acton and mae suchadmnstratve record avalable to the publc atone or more locatons.

(2) The admnstratve record requred under

subsecton (1) shall nclude a wrtten descrpton of the proposedacton, the major envronmental ssues nvolved n the matterunder consderaton, copes of documents or other supportnmaterals whch the Authorty beleves would assst the publc ndevelopn a reasonable understandn of those ssues, and astatement of the Authortys reasons for the proposed acton.

(3) The Authorty shall receve wrtten comments fornot less than thrty days from the date of notce n the Gazetteand, f the Authorty determnes there s suffcent publc nterest,t may hold a publc hearn for dscussn the proposed acton

and recevn verbal comments.

29. The Authorty shall eep avalable at the publc locatons,for not less than forty-fve days after publcaton of notce of thefnal acton n the Gazette, the admnstratve record, toether wth

Publc commentprocedure.

Preservaton ofadmnstratverecord.



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copes of documents consttutn the fnal acton, a response tothe publc comments and an dentfcaton of the bass for thefnal acton.

30. (1) Where the appeal of an acton submtted for publccomment n accordance wth secton 28 s provded for under thsAct, the acton may be appealed to the Commsson by anynterested person on the round that the Authorty faled tocomply wth the requrement for publc partcpaton n secton 28.

(2) For the purposes of subsecton (1), nterestedperson means any person who submtted a wrtten comment on

the proposed acton durn the publc comment perod.

PART V

ENVIRONMENTAL MANAGEMENT

GENERAL

31. The Authorty and all other overnmental enttes shallconduct ther operatons and prorammes n accordance wth theNatonal Envronmental Polcy establshed under secton 18.

32. (1) The Authorty shall, not later than three months after

the commencement of ths Act, ntate consultaton wth theother overnmental enttes performn varous envronmentalmanaement functons, wth the objectve of formulatnMemoranda of Understandn or other arranements betweenthe Authorty and such other overnmental enttes, whch shallestablsh the mechansms for co-ordnaton across jursdctonallnes and provde for the mplementaton of nteratedenvronmental manaement prorammes.

(2) Memoranda of Understandn or other arranementsdeveloped under subsecton (1), and any other such arranementsdeveloped thereafter, may be amended from tme to tme n order

to further the objects of ths Act.

33. (1) The Authorty may, n co-ordnaton wth otherovernmental enttes whose personnel may be affected andpursuant to an arranement as provded n secton 32, authorse

Jursdcton andstandard forappeal.

Complancewth NatonalEnvronmentalPolcy.

Arranementswth

overnmentalenttes.

EnvronmentalOffcers.



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L.R.O. 1/2009

Envronmental Offcers from amon those ndvduals employedwthn such overnmental enttes.

(2) Envronmental Offcers may be authorsed, bynstrument n wrtn sned by the Manan Drector, to

(a) assst n mantann ntra-overnmentalco-ordnaton, communcaton and nsttutonallnaes for the development, nteraton andeffectve mplementaton of the varous polces,laws, Reulatons, Rules, udelnes,prorammes and other actvtes desned toprotect and conserve the envronment; and

(b) carry out on the Authortys behalf suchfunctons as may be areed to between theAuthorty and the other overnmental entty.

34. (1) The Authorty shall develop, promote and mplementapproprate ncentve prorammes whch encourae the voluntaryuse of effectve envronmental manaement systems and theachevement of mprovements n envromental qualty, ncludn

(a) the establshment of a voluntary facltyenvronmental audt proramme whch allowsfor the eercse of enforcement dscreton by the

Authorty wth respect to lablty whch mhtotherwse arse, f an offence or volaton sdetected as a result of such an audt prorammeand voluntarly dsclosed to the Authorty;

(b) the establshment of envronmental certfcatonor labelln prorammes whch allow theAuthorty to dstnush or desnate specfcpersons, actvtes or products whch theAuthorty certfes as demonstratn orrepresentn snfcant envronmentalmanaement qualtes;

(c) the operaton of depost-refund systems forspecfed materals to ncrease the level ofrecycln, reuse or other authorsed dsposton; and

(d) any other prorammes or mechansms whch mayfurther the objects of ths Act.

Envronmentalncentveprorammes.



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(2) Wth the approval of the Mnster, the Authortymay mpose polluton chares or user fees to encourae theprotecton and conservaton of the envronment.

(3) For the purposes of ths secton, facltyenvronmental audt proramme means a comprehensvenvestaton and evaluaton system desned and mplemented ata faclty for the purpose of

(a) detectn and preventn volatons ofenvronmental requrements or the commssonof offences under ths Act; and

(b) dentfyn opportuntes for achevn

mprovements n envronmental prorammes atthe faclty.

ASSESSMENT OF ENVIRONMENTAL IMPACTS

35. (1) For the purpose of determnn the envronmentalmpact whch mht arse out of any new or snfcantlymodfed constructon, process, wors or other actvty, theMnster may by Order subject to neatve resoluton ofParlament desnate a lst of actvtes requrn a certfcate ofenvronmental clearance (herenafter called Certfcate).

(2) No person shall proceed wth any actvty whch the

Mnster has desnated as requrn a Certfcate unless suchperson apples for and receves a Certfcate from the Authorty.

(3) An applcaton made under ths secton shall bemade n accordance wth the manner prescrbed.

(4) The Authorty n consdern the applcaton mayas for further nformaton ncludn, f requred, anenvronmental mpact assessment, n accordance wth theprocedure prescrbed.

(5) Any applcaton whch requres the preparaton of anenvronment mpact assessment shall be submtted for publc

comment n accordance wth secton 28 before any Certfcate sssued by the Authorty.

36. (1) After consdern all relevant matters, ncludn thecomments or representatons made durn the publc comment

Certfcate ofenvronmentalclearance.

issue or refusalof Certfcate.



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L.R.O. 1/2009

perod, the Authorty may ssue a Certfcate subject to suchterms and condtons as t thns ft, ncludn the requrement toundertae approprate mtaton measures.

(2) Where the Authorty refuses to ssue a Certfcate, tshall provde to the applcant n wrtn ts reasons for such acton.

37. The Authorty shall montor the performance of the actvtyto ensure complance wth any condtons n the Certfcate, and toconfrm that the performance of the actvty s consstent wth

(a) the descrpton provded n the applcaton for aCertfcate; and

(b) the nformaton provded n any envronmentalmpact assessment.

38. (1) Where an actvty desnated under subsecton 35(1)consttutes a development requrn the epress rant of permssonunder the Town and Country Plannn Act, the developer shall dealdrectly wth the entty responsble for town and country plannnwth respect to the applcaton for a Certfcate and anyenvronmental mpact assessment whch may be requred.

(2) if the approval of any other entty s requred undera wrtten law wth respect to the proposed actvty, the ssue of aCertfcate shall not affect n any way the requrement to obtansuch other approval before the proposed actvty may proceed.

(3) in any nstance where the Authorty determnes thatan envronmental mpact assessment s requred for an actvty atany locaton, no other entty shall rant any permt, lcence, orother documentary authorsaton wth respect to such actvty,untl a Certfcate has been ssued by the Authorty.

39. Sectons 35 to 38 nclusve shall not apply to

(a) any actvty wth respect to whch, pror to the

date on whch revew under ths secton frstbecame applcable, all fnal approvals necessaryto proceed already had been obtaned from allother overnmental enttes requrn suchapprovals; and

Montorn.

Relatonshpwth otherovernmentalenttes.Ch. 35:01.

Eceptons.



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(b) any actvty wth respect to whch, pror to theeffectve date on whch revew under thssecton frst became applcable, outlne plannnpermsson or full plannn permsson underthe Town and Country Plannn Act had alreadybeen obtaned.

40. Any fnal decson by the Authorty to refuse ssuance of aCertfcate or to ssue a certfcate wth condtons may be appealed tothe Commsson by the person seen such Certfcate.

PROTECTION OF NATuRAL RESOuRCES

41. (1) The Authorty may prescrbe n accordance wthsecton 26(e) the desnaton of a defned porton of theenvronment wthn Trndad and Tobao as an envronmentallysenstve area, or of any speces of lvn plant or anmal as anenvronmentally senstve speces, requrn specal protectonto acheve the objects of ths Act.

(2) For the purpose of subsecton (1), desnaton shallbe made by Notce publshed n the Gazette.

42. in pursuance of secton 41(1), the Notce shall nclude

(a) a comprehensve descrpton of the area orspeces to be so desnated;

(b) the reasons for such desnaton; and

(c) the specfc lmtatons on use of or actvteswthn such area or wth reard to such speceswhch are requred to adequately protect thedentfed envronmental concerns.

43. Any desnaton of an envronmentally senstve areaor envronmentally senstve speces

(a) may permt the wse use of such area or speces

and provde for the undertan of appropratemtaton measures, but shall not otherwse bedeemed to authorse or permt any actvty notprevously authorsed or permtted wth respectto such area or speces; and

Ch. 35:01.

Appeals.

Desnaton ofenvronmentallysenstve areasand speces.

Notce ofproposed acton.

Control andmanaement.



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L.R.O. 1/2009

(b) shall only requre complance wth the specfclmtatons on use or actvtes specfed nthe desnaton.

44. Sectons 41 to 43 shall not apply to any actvty wthrespect to whch, pror to the date of desnaton of anenvronmentally senstve area or envronmentally senstvespeces, all fnal approvals necessary to proceed had alreadybeen obtaned from or for whch applcaton had been made to allovernmental enttes requrn such approvals.

45. For the purposes of sectons 41 to 43 nclusve, the

Authorty shall co-ordnate wth any overnmental entteshavn responsblty for plannn and manaement n such areasor wth respect to such speces.

46. Any fnal acton desnatn an envronmentallysenstve area or envronmentally senstve speces shall becapable of appeal to the Commsson.

POLLuTION AND HAzARDOuS SuBSTANCES

47. The Authorty may, as prescrbed by Rules, requre anyperson who releases a pollutant from any premses or vehcle, or

who enaes n the handln of any hazardous substance, on aone-tme or perodc bass to

(a) sample and analyse such pollutant or hazardoussubstance, or materal whch has becomecontamnated wth such pollutant or hazardoussubstance, for specfed consttuents orcharacterstcs;

(b) nstall, use and mantan such montornequpment, and mplement such envronmentalaudt procedures, as may be specfed n anypermt or lcence ssued pursuant to ths Act;

(c) establsh and mantan records reardn suchsampln, montorn and envronmentalaudtn actvtes;

(d) establsh and mantan records reardn pollutoncontrol equpment on the premses (ncludn

Ecepton.

Co-ordnaton.

Appeal.

Record-eepnand montornrequrements.



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records on control equpment parameters,producton varables and other ndrect datawhen drect montorn s not requred);

(e) submt reports and complance certfcatons; and

(f) provde such other nformaton as theAuthorty may requre.

48. (1) Where an applcaton s made under secton 50(3),53(3), 57(4) or 60(2) for the rant of a permt or lcence undersecton 50(1), 53(1), 57(1) or 60(1), respectvely, and theAuthorty requres further nformaton for the purpose of dealn

wth the applcaton, the Authorty may requre the person to provderesults of research or analyss to be undertaen by such person.

(2) The Authorty may, as prescrbed by Rules, revoe,suspend, vary or cancel any provson n such permt or lcencewhere the Authorty determnes such acton s necessary.

(3) Any condtons mposed n respect of a permt, or arevocaton, suspenson, varaton or cancellaton taes effectwhen notce s served on the holder of the permt or such latertme as the Authorty may drect n the notce.

(4) Any such revocaton, suspenson, varaton or

cancellaton of a permt or lcence shall be capable of appeal tothe Commsson by the permt or lcence holder.

AIR AND NOISE POLLuTION

49. (1) The Authorty shall, as soon as practcable after thecommencement of ths Act, nvestate the envronmentenerally and such premses and vehcles as t thns necessaryfor the purpose of

(a) ascertann the etent of ar and nose pollutonand the snfcant sources of pollutants whchby ther release cause or contrbute to such

polluton; and (b) charactersn or descrbn that polluton.

(2) The Authorty shall cause a rester of ar and nosepollutants to be mantaned as prescrbed by Rules, whch shall

general permtcondtons.

Manaement ofar and nosepolluton.



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L.R.O. 1/2009

contan data dentfyn the quantty, condtons or concentratonsrelevant to the dentfcaton of each pollutant.

(3) The Authorty shall develop and mplement a

proramme for the manaement of such polluton whch shall

nclude the restraton and further charactersaton of snfcant

sources of any onon or ntermttent releases of ar or nose

pollutants nto the envronment.

50. (1) The Authorty may requre and rant permts to

authorse any process releasn ar pollutants subject to such

terms and condtons as t thns ft.(2) The terms and condtons of a permt may relate to

the desn, constructon, operaton, mantenance and montorn

of the faclty and processes releasn ar pollutants.

(3) A person shall apply to the Authorty for the rant of

an Ar Polluton Permt n accordance wth the form as

determned by the Authorty.

51. (1) No person shall release or cause to be released any ar

pollutant nto the envronment whch s n volaton of any applcable

standards, condtons or permt requrements under ths Act.

(2) No person shall emt or cause to be emtted any

nose reater n volume or ntensty than prescrbed n Rules

made under secton 26 or by any applcable standards, condtons

or requrements under ths Act.

WATER POLLuTION

52. (1) The Authorty shall, as soon as practcable after the

commencement of ths Act, nvestate the envronment

enerally and such premses and vehcles as t thns necessary

for the purposes of

(a) ascertann the etent of water polluton and

snfcant sources of water pollutants; and

(b) charactersn or descrbn that polluton.

Ar pollutonpermts.

Prohbted arand nosepolluton.

Manaement ofwater polluton.



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(2) The Authorty shall cause a rester of waterpollutants to be mantaned as prescrbed by Rules, whch shall

contan data dentfyn the quantty, condtons or concentratons

relevant to the dentfcaton of each pollutants.

(3) The Authorty shall develop and mplement a

proramme for the manaement of such polluton whch shall

nclude the restraton and further charactersaton of snfcant

sources of any onon or ntermttent releases of water

pollutants nto the envronment.

53. (1) The Authorty may requre and rant permts to

authorse any process releasn water pollutants subject to such

terms and condtons as t thns ft.

(2) The terms and condtons of a permt may relate to

the desn, constructon, operaton, mantenance and montorn

of the facltes and processes releasn water pollutants.

(3) A person shall apply to the Authorty for the rant of

a water polluton permt n accordance wth the form as

determned by the Authorty.

54. No person shall release or cause to be released any water

pollutant nto the envronment whch s n volaton of any applcable

standards, condtons or permt requrements under ths Act.

WASTES

55. (1) The Authorty shall, as soon as practcable after the

commencement of ths Act, nvestate the envronment

enerally and such premses and vehcles as t thns necessary

for the purposes of

(a) ascertann the volume and nature of wastes

whch are handled and dsposed nto the

envronment; and

(b) dentfyn and charactersn the dfferent

cateores and the snfcant sources of

such wastes.

Water polluton

permts.

Prohbtn

water polluton.

Wastemanaement.



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L.R.O. 1/2009

(2) The Authorty shall develop and mplement aproramme for the manaement of such wastes whch maynclude the restraton and further charactersaton of snfcantsources of wastes ben dsposed nto the envronment.

56. The Authorty shall as soon as practcable after thecommencement of ths Act, submt to the Mnster a proramme todefne those wastes whch should be deemed hazardous wastes, toestablsh requrements for the handln and dsposal of hazardouswastes, to establsh approprate standards and desn crtera forhazardous waste-handln and dsposal facltes, and to establshlcensn and permttn requrements wth respect to such wastes.

57. (1) The Authorty may requre and rant a permt toauthorse any persons waste dsposal actvtes, or lcences forthe operaton of any waste-handln faclty, subject to such termsand condtons as t thns ft.

(2) The terms and condtons of a lcence under thssecton may relate to the desn, constructon, operaton,mantenance and montorn of any waste-handln faclty.

(3) The terms and condtons of a permt under thssecton may relate to a persons handln of any waste.

(4) A person shall apply to the Authorty for the rant ofsuch lcence or permt as prescrbed by Rules.

58. No person shall handle or dspose of any waste orhazardous waste n a manner whch s n volaton of anyapplcable lcence, permt, standards, condtons or requrementsunder ths Act.

HAzARDOuS SuBSTANCES AND SPILLS

59. The Authorty shall, as soon as practcable after thecommencement of ths Act, submt to the Mnster a prorammefor the desnaton of specfc hazardous substances and

performance standards and procedures for the safe handln ofsuch hazardous substances.

60. (1) After fnal desnaton of such specfc hazardoussubstances and the establshment of the performance standards

identfcaton ofhazardouswastes.

Waste permtsand lcences.

Wasteprohbtons.

Manaement ofhazardoussubstances.

Hazardoussubstanceprohbtons.



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and procedures under secton 26, a person shall not handle, orcause to be handled by any other person throuh contract,areement or other arranement, any hazardous substance eceptn accordance wth

(a) such performance standards and procedures; or

(b) a lcence or permt ranted by the Authorty.

(2) A person shall apply to the Authorty for the rant ofa lcence or permt as prescrbed by Rules.

61. (1) As soon as practcable after the commencement ofths Act, and thereafter as approprate, the Authorty shall

nvestate and desnate cateores of crcumstances nvolvnaccdental splls or other releases of pollutants, or other ncdentswth respect to hazardous substances, whch may present a rs tohuman health or the envronment.

(2) The desnaton of such cateores by the Authortyshall be submtted for publc comment n accordance wthsecton 28.

(3) After the fnal desnaton of any cateores underths secton, any person n chare of any premses or vehcleshall, as soon as he has nowlede of a release or other ncdent

referred to n ths secton assocated wth such premses orvehcle, notfy the Authorty of such release or ncdent andprovde to the Authorty

(a) a bref descrpton of the release or ncdent;

(b) an assessment of any damaes or potental rssto human health or the envronment assocatedwth the release or ncdent;

(c) a descrpton of the response measures taenand to be taen to address and otherwsemtate damaes or contamnaton resultnfrom the release or ncdent.

(4) The Authorty shall nvestate and evaluate anysuch release or ncdent as t thns ft, and may

(a) respond to the release or ncdent as authorsedunder secton 25; and

Notfcaton ofsplls, releasesand other

ncdents.



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L.R.O. 1/2009

(b) develop and mplement approprateenvronmental prorammes, standards,condtons, permts, lcences or requrementsdesned to avod such releases or ncdents nthe future.

PART VI

COMPLIANCE AND ENFORCEMENT

62. For the purposes of ths Part and Part Viii, envronmental

requrement means the requrement upon a person to

(a) comply wth the procedures for the restratonof sources from whch pollutants may be

released nto the envronment;

(b) comply wth the procedures and standards wth

respect to permts or lcences requred for any

person to nstall or operate any process or source

from whch pollutants wll be or may contnue

to be released nto the envronment;

(c) provde n a tmely manner complete and

accurate nformaton n any requred submsson

to or communcaton wth the Authorty or n

response to any nspecton or request for

nformaton by the Authorty;

(d) refran from any unauthorsed actvtes

mpactn on the envronment n an

envronmentally senstve area or wth respect

to an envronmentally senstve speces;

(e) comply wth the performance standards,

procedures, lcensn or permttn

requrements establshed for the handln of

hazardous substances;

(f) apply for and obtan a Certfcate ofEnvronmental Clearance;

(g) comply wth the condtons and mtaton

measures n any such certfcate;

Envronmentalrequrements.Part Viii.



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(h) comply wth the procedures and standards wthrespect to the perodc or contnual montornof polluton or releases of pollutants orcondtons requred under a permt or lcence;

(i) provde tmely and accurate notfcaton wthrespect to an accdental or unauthorsed releaseof a pollutant or other ncdent wth respect to ahazardous substance;

(j) control the release of pollutants n such a manneras to comply wth any permt or lcence rantedunder secton 50(1), 53(1), 57(1) or 60(1);

(k) submt tmely payment of requred fees orchares payable to the Authorty; and

(l) comply wth all other procedures, standards,prorammes and requrements n such a manneras may be prescrbed by Rules or Reulatons.

63. (1) Where the Authorty reasonably beleves that aperson s n volaton of an envronmental requrement, theAuthorty shall serve a wrtten notce of volaton (herenaftercalled Notce) on such person n a form determned by theBoard, whch shall nclude

(a) a request that the person mae suchmodfcatons to the actvty wthn a specfedtme, as may be requred to allow thecontnuaton of the actvty; or

(b) an nvtaton to the person to mae representatonsto the Authorty concernn the matters specfedn the Notce wthn a specfed tme.

(2) Where a matter specfed n the Notce may besatsfactorly eplaned or otherwse resolved between the personand the Authorty

(a) the Authorty may cancel the Notce or dsmssthe matters specfed n the Notce; or

(b) an areed resoluton may be reduced n wrtnnto a Consent Areement.

Notce ofvolaton.



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L.R.O. 1/2009

64. The Authorty may ssue an Admnstratve Order undersecton 65 where the person

(a) fals to mae representatons to the Authorty

wthn the tme specfed n the Notce; or

(b) s unable to resolve wth the Authorty all

matters specfed n the Notce.

65. (1) An Admnstratve Order served by the Authorty

shall, where approprate

(a) specfy detals of the volaton of one or more

envronmental requrements; (b) drect the person to mmedately cease and

desst from the volaton or specfy a date for

comn nto complance;

(c) drect the person to mmedately remedy any

envronmental condtons or damaes to the

envronment arsn out of the volaton or

specfy a date by whch such remedal actvtes

shall be completed;

(d) drect the person to undertae an nvestaton

reardn any envronmental crcumstances orcondtons wthn such persons responsblty

or control, ncludn any release of a pollutant

nto the envronment or the handln of any

hazardous substance;

(e) drect the person to perform any montorn or

record-eepn actvtes whch may be requred

under secton 47;

(f) nclude a proposed admnstratve cvl

assessment made by the Authorty;

(g) drect a person to comply wth any otherrequrement under ths Act.

(2) Drectves contaned n an Admnstratve Order

served upon a person shall be deemed fnal and conclusve

issue ofAdmnstratveOrder.

AdmnstratveOrders.



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after the epry of twenty-eht days, unless wthn such perodthe person

(a) appeals the Admnstratve Order to the

Commsson;

(b) reaches an areement wth the Authorty

whch s reduced n wrtn nto a Consent

Areement; or

(c) obtans an etenson of tme from the Authorty

whch s confrmed n wrtn.

(3) Any Admnstratve Order shall contan a notce

advsn of the matters n subsecton (2).

66. (1) For the purposes of sectons 65 and 81(5)(d), the

Authorty or the Commsson may mae an admnstratve cvl

assessment of

(a) compensaton for actual costs ncurred by the

Authorty to respond to envronmental condtons

or other crcumstances arsn out of the volaton

referenced n the Admnstratve Order;

(b) compensaton for damaes to the envronment

assocated wth publc lands or holdns whch

arse out of the volaton referenced n the

Admnstratve Order;

(c) damaes for any economc beneft or amount

saved by a person throuh falure to comply wth

applcable envronmental requrements; and

(d) damaes for the falure of a person to comply

wth applcable envronmental requrements, n

an amount determned pursuant to subsectons

(2) and (3).

(2) in determnn the amount of any damaes to be

assessed under subsectons (1)(c) and (d), the Authorty or the

Commsson shall tae nto account

(a) the nature, crcumstances, etent and ravty of

the volaton;

Admnstratvecvl assessment.



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L.R.O. 1/2009

(b) any hstory of pror volatons; and (c) the deree of wllfulness or culpablty n

commttn the volaton and any ood fathefforts to co-operate wth the Authorty.

(3) The total amount of any damaes undersubsecton (1)(d), shall not eceed

(a) for an ndvdual, fve thousand dollars for eachvolaton and, n the case of contnun orrecurrent volaton, one thousand dollars per dayfor each such nstance untl the volaton s

remeded or abated; or (b) for a person other than an ndvdual, ten

thousand dollars for each volaton and, n thecase of contnun or recurrent volatons, fvethousand dollars per day for each such nstanceuntl the volaton s remeded or abated.

67. (1) The Authorty may fle any Consent Areement orfnal Admnstratve Order and an applcaton for enforcementwth the Commsson.

(2) Where an Admnstratve Order contans a proposed

admnstratve cvl assessment, that assessment s notenforceable untl such tme as the Commsson maes an Orderdetermnn the amount of such assessment.

68. Whenever the Authorty reasonably beleves that anyperson s currently n volaton of any envronmental requrement,or s enaed n any actvty whch s lely to result n a volatonof any envronmental requrement, the Authorty may n addtonto, or n leu of, other actons authorsed under ths Act

(a) see a restrann order or other njunctve orequtable relef, to prohbt the contnuedvolaton or prevent the actvty whch wlllely lead to a volaton;

(b) see an order for the closure of any faclty or a

prohbton aanst the contnued operaton of

Applcaton forenforcement.

Other actons bythe Authorty.



44/192



any processes or equpment at such faclty norder to halt or prevent any volaton; or

(c) pursue any other remedy whch may be

provded by law.

*69. (1) Any prvate party may nsttute a cvl acton n theCommsson aanst any other person for a clamed volaton of

any of the specfed envronmental requrements dentfed n

secton 62, other than pararaphs (c), (d) and (l), save where

(a) the complanant has ven wrtten notce of such

clamed volaton to the Manan Drector of

the Authorty at least sty days pror to thecommencement of the cvl acton;

(b) the complanant has served a copy of the

complant on the Manan Drector wthntwenty-eht days of the date on whch the

complanant was frst authorsed to brn such

an acton.

(c) the Authorty has not commenced an enforcement

acton under sectons 63 to 67 nclusve or throuhother approprate means avalable to t under

secton 68 reardn such clamed volaton; and (d) the Authorty has not elected to assume

responsblty for tan enforcement acton

under sectons 63 to 68 nclusve wthn stydays after the fln of a drect prvate party

acton by the complanant.

(2) For purposes of ths secton, any ndvdual or roupof ndvduals epressn a eneral nterest n the envronment or

a specfc concern wth respect to the clamed volaton shall bedeemed to have standn to brn a drect prvate party acton.

(3) in any such acton under ths secton, the Authortyor the Attorney general may ntervene at any tme as a matterof rht.

Drect prvateparty actons.

* Ths secton came nto force on 1st July 2001.



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L.R.O. 1/2009

70. (1) Any person who throuh the release or handln ofany pollutant or hazardous substance, or the arranement for

another person throuh any contract or other areement to release

or handle any pollutant or hazardous substance, nownly or

reclessly endaners human lfe or health, commts an offence,

and s lable on convcton on ndctment, to a fne of one hundred

thousand dollars and mprsonment for two years.

(2) Any person who nownly or reclessly undertaes

or conspres to allow any actvty n an envronmentally senstve

area or wth respect to an envronmentally senstve speces

desnated under secton 41, whch may have an adverse mpacton the envronment wthn such area or on such speces, commts

an offence and s lable, on convcton on ndctment, to a fne of

one hundred thousand dollars and mprsonment for two years.

(3) A complant for any offence under ths secton shall

be made wthn three years from the commencement of ths Act,

or from the tme when an acton vn rse to such offence s frst

dscovered by the Authorty.

(4) For the purposes of ths secton, endanerment of

human lfe or health means placn one or more persons n daner

of death or serous bodly njury, ncludn unconscousness,

etreme pan, or physcal or mental mparment.

(5) Any acton under ths secton may be n addton to

any other acton taen by the Authorty under ths Part.

71. Where a volaton of any envronmental requrement has

been commtted by a person (other than an ndvdual), any

ndvdual who at the tme of the volaton was a drector, manaer,

supervsor, partner or other smlar offcer or responsble ndvdual,

or who was purportn to act n such capacty, may be found

ndvdually lable for that volaton f, havn reard to the nature

of hs functons n that capacty, the resources wthn hs control ordscreton, and hs reasonable ablty to prevent the volaton

(a) the volaton was commtted wth hs drect

consent or connvance; or

Crmnaloffence fornown orreclessendanerment.

Lablty ofprvate andpublc offcals.



46/192



(b) he, wth nowlede, dd not eercsereasonable dlence to prevent the commssonof the volaton.

PART VII

ENVIRONMENTAL TRuST FuND AND FINANCES

72. There s hereby establshed an Envronmental Trust Fundwhch shall be used to fund the operatons of the Authorty andfor other purposes authorsed under ths Act, ncludn

(a) ncentve measures for reducn envronmentalpolluton, protectn the envronment andconservn natural resources;

(b) demonstraton projects of nnovatvetechnoloes whch reduce polluton, or whchreduce or elmnate the use of hazardoussubstances or the eneraton of wastes;

(c) emerency response actvtes to address actualor potental threats to human health or theenvronment, ncludn remedaton orrestoraton of envronmentally deraded stes,contanment of any wastes, hazardous

substances or other envronmentally danerouscondtons, or other approprate precautonarymeasures to prevent snfcant adverse effectson human health or the envronment; and

(d) publc awareness and educaton prorammes toenhance the understandn of envronmentalprotecton and natural resource manaementssues wthn Trndad and Tobao.

73. (1) Fve members of the Board of Drectors of theAuthorty (other than the Manan Drector) shall be desnated

by the Presdent to act as Trustees for the Fund and shall beresponsble for ts admnstraton.

(2) Servce as a Trustee shall termnate automatcally atsuch tme as a Trustee ceases to be a member of the Board.

Establshmentand purposes ofthe Fund.

Trustees forthe Fund.



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L.R.O. 1/2009

74. The resources of the Fund shall consst of (a) such amounts as may be approprated annually

or for specal purposes by Parlament for the use

and operatons of the Authorty;

(b) such amounts whch the Authorty may collect as

payments for servces rendered, fees due reardnpermts, applcatons or lcences under ths Act,

fees due for the revew and processn of

applcatons for a Certfcate of EnvronmentalClearance and any envronmental mpact

assessments requred under secton 35, feeschared for the reasonable cost of provdn

envronmental nformaton to nterested persons, or

fees due from the users of propertes under theadmnstraton and control of the Authorty;

(c) such amounts whch are provded to theAuthorty or the government of the Republc

of Trndad and Tobao by foren States,nternatonal oransatons, multlateral or

blateral lendn aences, prvate ndvduals,

foundatons, corporatons or other enttes to

further the objects of the Act and the NatonalEnvronmental Polcy under secton 18;

(d) such amounts borrowed by the Authorty

consstent wth secton 77; and

(e) any other sums or amounts to whch the Fund

may mae a lawful clam.

75. (1) All mones whch comprse the Fund and whch donot have to be used mmedately to defray epenses as provded

for n secton 78, shall be nvested n such a manner as theTrustees consder ft whch s desned to preserve the prncpal

and acheve a reasonable rate of return and such nvestmentsshall be approved ether enerally or specfcally by the Board.

(2) The Trustees shall possess the authorty necessary,ether drectly or throuh authorsed aents, to undertae such

Resources ofthe Fund.

investment ofFund mones.



48/192



nvestments as are authorsed under subsecton (1), ncludn thepower to buy and sell such securtes or other oblatons as theBoard determnes to be approprate.

76. The Fund and the Authorty shall be eempted fromstamp duty, corporaton ta, Customs dutes, value added taes,motor vehcle taes, fees, chares, assessments, leves andmposts on any ncome or profts or on assets whch are acquredfor use by the Fund or the Authorty.

77. (1) Subject to subsecton (2), the Authorty may borrow

any money requred by t, for the effcent eercse of tsfunctons or for meetn ts oblatons.

(2) Borrown may be effected only wth the approval ofthe Mnster to whom responsblty for fnance s assned as to theamount, the sources of borrown, and the terms and condtons of theloan, and may be ether eneral or lmted to a partcular transactonand may be ether uncondtonal or subject to condtons.

(3) The Authorty may not plede ts assets assecurty for any loan wthout the wrtten approval of the Mnsterto whom responsblty for the envronment s assned.

(4) The Authorty s a statutory authorty for thepurposes of the guarantee of Loans (Statutory Authortes) Act.

78. (1) Contrbutons to the Fund may be desnated forspecfc projects or made subject to specfc condtons, n whchcase such contrbutons shall be preserved and utlsed solely forthe desnated purpose. in all other nstances, the trustees areauthorsed to pay for any of the follown matters out of theeneral resources of the Fund:

(a) the operatn epenses of the Authortyncludn the remuneraton of members and

personnel thereof;

(b) the captal epenses ncludn mantenance andnsurance of the property under the admnstratonand control of the Authorty;

Eemptonfrom taes.

Borrown bythe Fund.

Ch. 71:81.

Use ofFund mones.



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L.R.O. 1/2009

(c) any payment toward the purchase of realproperty by the Authorty to further the objects

of ths Act; and

(d) any other epenses whch are lawfully related to

the actvtes of the Authorty.

(2) Whle fundn for the Authorty enerally shall be

processed throuh the Fund, the Authorty also shall be

authorsed to receve and utlse drect fnancal assstance or

other support for specfc projects or actvtes whch wll not be

processed throuh or accounted for by the Fund, where such

method of fnancal manaement s requred as a condtonestablshed by an entty provdn support to the Authorty.

(3) Any sums of money recovered aanst the Authorty

for an acton of the Authorty, ts personnel or any Envronmental

Offcer actn n ood fath n the course of the operatons of the

Authorty shall be pad out of the Fund.

79. (1) All salares and drect epenses of the Authorty

shall be pad out of the Fund or n accordance wth any rant

or arranement made wth any entty provdn fundn for

such matters.(2) The Authorty shall cause to be ept proper accounts

and records of ts transactons and fnancal affars.

(3) in the event condtons attached to fnancal

assstance or other support for specfc prorammes or actvtes

requre that such assstance or support be processed otherwse

than throuh the Fund, the Authorty shall

(a) mantan a proper audted accountn system; and

(b) dsclose such matters n ts annual report as

requred under secton 14.

(4) The Authorty shall, not later than the frst day of July n

each year prepare and submt to the Mnster the estmates of revenue,

other fnancal resources and ependtures of the Authorty for the

net fnancal year n such form as the Mnster may drect.

Fnances ofthe Authorty.



50/192



(5) All mones collected by the Authorty by way of anadmnstratve cvl assessment under secton 66 shall bedeposted wth the Comptroller of Accounts for the account of theConsoldated Fund.

80. (1) The Board may, by resoluton, mae rules for thesystem of accountn for the fnances of the Fund, consstent wththe best commercal accountn and fnancal standards.

(2) The Trustees shall eep proper accounts and otherrecords n respect of the Fund n accordance wth the Echequer andAudt Act, and the Fund shall be audted annually by the Audtor

general or by an audtor apponted n each year by the Board ofDrectors wth the wrtten consent of the Audtor general.

(3) The Trustees of the Fund shall, not later than threemonths after the end of each fnancal year, submt to the Boardof Drectors a report dealn enerally wth the proceedns andpolces of the Fund durn the precedn fnancal year and alsocontann fnancal statements and any other nformatonrelatn to the Fund and ts support of actvtes throuh theAuthorty as may be requested by the Board.

(4) The fnancal year of the Fund shall be 1st October

to 31st September n each year.

(5) The Charman of the Board shall submt to theMnster a copy of every report submtted under ths secton.

PART VIII

ESTABLISHMENT AND juRISDICTION OF

ENVIRONMENTAL COMMISSION

81. (1) A Trbunal to be nown as the EnvronmentalCommsson s hereby establshed for the purpose of eercsnthe jursdcton conferred upon t by ths Act or by any other

wrtten law.

(2) The Commsson shall consst of a Charman andsuch other members, ncludn a Deputy Charman, as may beapponted under or n pursuance of secton 82.

Fnancalaccountn bythe Trustees.

Ch. 69:01.

Establshmentand jursdctonof Commsson.



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L.R.O. 1/2009

(3) The Commsson shall be a Superor Court of recordand have an offcal Seal whch shall be judcally notced, andshall have n addton to the jursdcton and powers conferred ont by ths Act, all the powers nherent n such a Court.

(4) The Commsson shall have the power to enforce tsown orders and judments, and the same power to punshcontempts as the Hh Court of Justce.

(5) The Commsson shall have jursdcton to hearand determne

(a) appeals from decsons or actons of the Authortyas specfcally authorsed under ths Act;

(b) applcatons for deferment of decsons madeunder secton 25 or deferment of desnatonsmade under secton 41;

(c) applcatons by the Authorty for theenforcement of any Consent Areement or anyfnal Admnstratve Order, as provded nsecton 67;

(d) admnstratve cvl assessments under secton 66;

(e) appeals from the desnaton of envronmentallysenstve areas or envronmentally senstve

speces by the Authorty pursuant to secton 41; (f) appeals from a decson by the Authorty under

secton 36 to refuse to ssue a Certfcate ofenvronmental clearance or to rant such aCertfcate wth condtons;

(g) appeals from any determnaton by theAuthorty to dsclose nformaton or materalsclamed as a trade secret or confdentalbusness nformaton under secton 23(3);

(h) complants brouht by persons pursuant tosecton 69, otherwse nown as the drect

prvate party acton provson; and(i) such other matters as may be prescrbed by or

arse under ths Act or any other wrtten lawwhere jursdcton n the Commsson sspecfcally provded.



52/192



(6) A Restrar of the Commsson and such otheroffcers, clers and employees as may be requred to carry out thebusness of the Commsson shall be apponted n the mannerauthorsed by the law.

82. (1) The Commsson shall be comprsed of a full-tmeCharman, and fve other members ncludn a Deputy Charmaneach of whom may be apponted to serve n a full-tme, part-tmeor perodc capacty as may be requred to fulfll the objects ofths Act.

(2) The Charman and Deputy Charman of the

Commsson shall each be an Attorney-at-law of not less than tenyears standn, and shall be apponted by the Presdent.

(3) The members of the Commsson, other than theCharman and Deputy Charman, shall be apponted by thePresdent from amon such persons as appear to the Presdent tobe qualfed by vrtue of ther nowlede of, or eperence nenvronmental ssues, enneern, the natural scences or thesocal scences.

(4) All members of the Commsson shall hold offceunder such requrements and condtons of servce and for such

term, not less than three years, as may be determned by thePresdent and set forth n the terms of reference at the tme ofther appontment, and shall be elble for reappontment.

(5) Notwthstandn that hs term of offce has epred,any member of the Commsson may, wth the permsson of thePresdent actn on the advce of the Charman of theCommsson, contnue n offce for such a perod after the epryof hs term, as may be necessary to delver judment, or to do

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