ENVIRONMENTAL LAWS AND POLICIES IN T&T

Environmental Laws and Policies in T&T

Document Description Summary
National Climate Change Policy 2011 The policy aims to provide policy guidance for the development of an appropriate administrative and legislative framework, in harmony with other sectoral policies, for the pursuance of a low-carbon development path for Trinidad and Tobago through suitable and relevant strategies and actions to address climate change, including sectoral and cross sectoral adaptation and mitigation measures. The Policy proposes:
Increasing the use of renewable energy (solar, wind etc)
Increasing energy efficiency in commercial and residential buildings
Increasing the use of alternative fuels and fuel switching in the transportation sector
Increasing the use of cleaner technology in all GHG-emitting sectors
Enhancing natural carbon sinks
Maximising the use of the carbon market
Enhancing research and development
Strengthening existing institutional arrangements for systematic observations, research and climate change modelling including through cooperation with academia, NGOs and the private sector
Assessing sectoral vulnerability to climate change by conducting vulnerability analyses and formulating adaptation options, including technological application, in biophysical and socio-economic systems
Revising sectoral policies to include consideration of climate change impacts derived from vulnerability analyses
Revising national development plans to incorporate climate change vulnerability, impacts and adaptation options with a view to climate proofing new developments and retrofitting existing infrastructure
Enhancing the resilience of natural biophysical systems so as to maximize ecosystem services such as the natural coastal defence properties of coral reefs and mangrove systems, through the development of a system of national protected areas, including for water catchment
Promoting community-based adaptation through expanded use of the Green Fund for capacity building and enhancing resilience
Participatory approach to dealing with climate change
Communication strategy to ensure public buy-in
National Environmental Policy (2006) (link is external) The National Environmental Policy focuses on greenhouse gases particularly as Trinidad and Tobago is a hydrocarbon producing country. It recognises the vulnerability of Trinidad and Tobago to climate change due to its status as a small island state. The Policy advocates the intention of the Government of Trinidad and Tobago to to implement commitments under the United Nations Framework Convention on Climate Change which Trinidad and Tobago ratified in June 1994. The Policy proposes:
Need to undertake an assessment of the use of available renewable sources
Solar P.V. for domestic electricity generation in remote areas
Reuse of farm wastes, such as animal dung and post-harvest vegetative matter, in biogasification systems for the generation of electricity
Domestic water heating using Solar Thermal applications
Wind energy for electricity generation in remote communities
The introduction and application of appropriate standards to guide users of technologies, energy regulators and the environmental regulator on acceptable efficiencies for energy conversion technologies and consumer behaviour
The development of efficiency standards for technology to assess the suitability of existing and proposed technologies against acceptable levels of pollution that can be emitted
Development of an air pollution legal regime
Conduct regular inventories of greenhouse gases
Cooperate with relevant local, regional and international agencies to implement technologies that will reduce, prevent or control man-made emissions of greenhouse gases including the energy, transport, industry, agriculture, forestry and waste management sectors
Conserve and enhance natural ecosystems that serve as sinks or reservoirs of greenhouse gases such as forests and coastal and marine wetland ecosystems
Deposit/refund taxes for beverage containers, tyres, batteries, fluorescent bulbs, appliances, used oil and automobiles
A tax on energy consumption
A fuel tax on diesel
National Integrated Water Resources Management Policy (2005) The Policy highlights the desire of the Government of Trinidad and Tobago to pursue modern scientific strategies for water resources management in which the water sector and the environment is considered in an integrated manner in relation to economic, environmental, technical, social and political considerations. The formulation of the Policy is expected to form the basis for direction for the water-related issues of climate change and variability (NIWRMP 2005, vi).
Despite the recognition of the challenges to the supply of fresh water posed by climate change, there are no strategies to specifically mitigate or adapt to such challenges. Neither are there incentives or payment for ecosystem services that have been highlighted
The Policy also does not provide for a coordinating agency and coordinating mechanism to facilitate effective water resources management
National Policy and Programmes on Wetland Conservation for Trinidad and Tobago (2002) (link is external) The National Policy and Programmes on Wetland Conservation for Trinidad and Tobago recognises the importance of wetlands to the natural environment of Trinidad and Tobago as well as their commercial importance. Wetlands provide essential ecosystem services serving as natural carbon sinks and contributing to carbon sequestration. The Policy proposes:
The development of:
General Wetland Management Plan for Trinidad and Tobago
Memoranda of Understanding for wise use management
National Wetland Policy Policies and Strategies
Inventory of Wetlands
Wetlands of national significance to be included in the system of national parks and other protected areas and designated as Environmentally Sensitive Areas under the Environmental Management Act.
The development of incentives to pursue the use of all suitable mechanisms including recourse to acquisition and other existing measures, controls and incentives; and new measures such as “debt-for-nature swaps” and eco-tourism development, to secure the protection of outstanding examples of wetlands or sections of wetlands which are under private ownership.
National Protected Areas Policy (2011) (link is external) Protected Areas have been recognised by the National Protected Areas Policy as very important tools towards achieving sustainable development. The Policy proposes:
A system of protected areas should be established within five years of adoption of the Policy to restore and protect ecosystems that provide important ecological services including: g. restoring, protecting and enhancing forests, wetlands and other ecosystems important in carbon sequestration.
Restoring, protecting and enhancing mangroves, wetlands, coral reefs, beaches, forests and other important ecosystems to reduce the risk of disasters;
Contributing to the sustainability of the tourism sector by restoring, protecting and enhancing beaches, coastal waters, coral reefs, mountains, forests, wildlife, and developing or enhancing nature interpretation and cultural/spiritual/religious opportunities;
Contributing to the sustainability of the agricultural sector by restoring, protecting and enhancing ecosystems that provide important supporting ecological services (e.g. soil conservation, pollination, sources of wild genetic stock);
Restoring, protecting and enhancing watersheds to support the supply and quality of water;
Restoring, protecting and enhancing ecosystems (e.g. scenic landscapes) that provide recreational, spiritual/religious and social benefits;
Restoring, protecting and enhancing mangroves, coral reefs, wetlands and other ecosystems for the provision of fish nurseries;
Restoring, protecting and enhancing forests, wetlands and other ecosystems important in carbon sequestration.
Government shall take advantage of opportunities offered by new global environmental markets (e.g. carbon trading), whenever they are relevant and potentially beneficial to Trinidad and Tobago; Formulation and implementation of a system of incentives to promote and support designation and management of private land as protected areas, as well as to promote and support the conduct of environmentally-friendly activities on lands surrounding protected areas.
National Forest Policy (2011) (link is external) This policy addresses the mutually-assured destructive relationship between large-scale forest removal and climate change. The policy recognises that the potential impacts of climate change on forests in
Trinidad and Tobago are uncertain at this time but are thought to pose a significant threat to forest management and conservation, and should therefore be considered as a potentially significant issue, in the process of planning for future forest management. It also recognises the important linkage between forest conservation and management and climate change adaptation The Policy proposes:
Enhancing natural carbon sinks by conserving forests and protecting natural systems that contribute to carbon sequestration
Suggesting that Trinidad and Tobago be actively involved in the carbon market by developing incentives for participation in domestic cap-and-trade regimes to help with emission reduction
Enhancing research and development to help determine the direct and indirect threats to forests; status and distribution of forest biodiversity including ecologically and commercially important plants (e.g. animal feed species, timber species, medicinal plants), game species, keystone species; location and status of critical areas (e.g. sensitive areas, biodiversity priority areas); and the extent and location of degraded forests
Strengthening existing institutional arrangements for systematic observations, research and climate change modeling including through cooperation with academia, NGOs and the private sector
Assessing sectoral vulnerability to climate change by conducting vulnerability analyses and formulating adaptation options, including technological application, in biophysical and socio-economic systems
Revising sectoral policies to include consideration of climate change impacts derived from vulnerability analyses
Enhancing the resilience of natural biophysical systems so as to maximize ecosystem services
Promoting community-based adaptation through expanded use of the Green Fund for capacity building and enhancing resilience
Promoting reforestation and forest rehabilitation to increase the carbon sink contribution of forests
Biodiversity Strategy and Action Plan for Trinidad and Tobago (2001) The National Biodiversity Strategy and Action Plan was formulated to provide support to the Government of the Republic of Trinidad and Tobago to plan for the conservation and sustainable use of the country’s biodiversity, within the context of its socio-economic development programmes.
In accordance with the NBSAP the focus of the vision for the future of biodiversity conservation and sustainable use for Trinidad and Tobago is to build capacity to manage and conserve biodiversity resources. The Plan identifies five priority areas for action. These include:
increasing awareness of biodiversity in all sectors of the society;
integrating biodiversity concerns into national policies and planning;
encouraging participation of a wide cross-section of the national community in all the processes to accomplish this vision; and
building up an information base to support the above activities.
The Plan proposes:

Development of a comprehensive financial plan for the management and sustainable use of the country’s biodiversity resources through the use of varied financial instruments. The Plan provides that financial instruments must be designed to (NBSAP 2001, 88-90):

Change attitudes, behaviour, wasteful practices and technologies, to favour sustainable use of biodiversity.
Value biodiversity and incorporate its values in monetary terms, in national accounting systems and developmental objectives.
Raise awareness in all sectors of their individual and collective effects on the destruction of biodiversity, through internalising costs by methods such as “polluter pays principles”.
Finance biodiversity management, research, development and sustainable use.
Adapt economic systems to include the social, cultural, ethical and environmental values of biodiversity.
Quantify the contribution of biodiversity to the national economy (legal and illegal trade) through the use of indicators of direct employment levels, economic benefit and social wellbeing.
Develop an understanding of the driving forces of biodiversity loss, and to use this understanding to target specific economic actions for the sustainable use of biodiversity. (e.g. perverse incentives, insecure property rights, population growth and migration patterns inequitable access and distribution, unregulated externalities, the nature of the demand for natural resources, resource policies, trade imbalances, subsidies, etc.)
Design sustainable harvesting and non-consumptive use guidelines, e.g. for tourism
National Tourism Policy (2010) (link is external) The National Tourism Policy provides that climate change is “the single most important issue that we face as a global community” (Prime Minister of Britain, Tony Blair, April 2004). The Policy seeks to guide and foster the sustainable development and promotion of the tourism sector through effective public, private and community partnerships, so as to enhance its contribution to the economic and social progress of Trinidad and Tobago. The Policy proposes:
Encouragement and promotion of the use of state-of-the-art methods, practices and technologies in the tourism sector to reduce the negative impacts of global warming and climate change.
Embracing energy saving and other environmental best practices develop and implement effective risk assessment and crisis management strategies to deal with any of the symptoms of climate change and other natural disasters
Encouragement and facilitation of ongoing research in the area of climate change.
Promotion of ecotourism.
Trinidad and Tobago Tourism Master Plan (1995) The Trinidad and Tobago Tourism Master Plan (“TTTMP”) is a tourism land use plan to guide investment for both the public and private sectors and to provide a common vision into the development process. It envisages the establishment of a proactive development approval system that is environmentally responsive, a system of revenue generating national parks and links to heritage resources to provide visitors with an appreciation of the country’s history and culture to provide heritage attractions with a revenue source from tourism (TTTMP 1995, iv). The Plan proposes:
Focus on accommodation development within resort anchors;
Limit initial developments within Resort Anchors to a portion of the area’s physical capacity;
Development of scenic corridors;
Development of a national parks authority and system of national parks;
Implementation of detailed land use planning in tourism development areas; and
Establishment of a long term monitoring program for the tourism sectors.
Developing infrastructure which enhance the tourism product being offered by
Trinidad and Tobago. Some of the projects include the:

Establishment of a rationalised sewage service in Tobago;
Upgrade of the water supply in Tobago;
Upgrade of the power supply in Tobago; and
Upgrade of road access to Chaguaramas.
North East Tobago Management Plan The North East Tobago Management Plan came about as a result of concerns regarding the potential negative environmental impacts of the proposed rehabilitation of a link road between the communities of L’Anse Fourmi and Charlotteville in Tobago. The Plan proposes:
Community Based Tourism which includes eco-tourism and nature tourism. This would involve the establishment of small and medium facilities organised by members of the community based on local resources and nature adventure.
Designation of national parks and environmentally sensitive areas to control development in forests, water sheds and other ecologically significant areas.
The establishment of architectural guidelines for the design and construction of new buildings in Tobago. These include (NETMP 2002, Section 4.4, 103):
seeking the advice of a design professional with green building experience;
developing building plans and specifications to ensure the design is ecologically adequate;
biological equity must determine design;
design should be based on renewable resources; and
design must use to the best advantage the climate and energy conservation.
Comprehensive Economic Development Plan for Tobago: Clean, Green, Safe and Serene The Comprehensive Economic Development Plan for Tobago: Clean, Green, Safe and Serene came into effect in Tobago in the year 2006. The Plan sets out the strategies and development initiatives for Tobago for a four year period. The Plan proposes:
A full devolution of national agencies such as the Environmental Management Authority and the Town and Country Planning Division to the THA in the light of the higher environmental standards that need to be adhered to in the island.
The establishment of electricity generation plant to produce ultra-high quality and reliable electricity from natural gas.
The promotion of low carbon transport with a target that six in every ten vehicles would be powered by CNG.
The construction of additional fuel and service stations with facilities for CNG fuelling and modification of existing stations to allow CNG fuelling and promotion of CNG powered vehicles.
The conduct of an island wide inventory of natural resources in Tobago be undertaken and documented.
The conduct of a disaster vulnerability assessment of public buildings, infrastructure, facilities and other physical components supporting economic activity in Tobago.
Development of a Policy on Utilisation of Environmentally Friendly Energy Sources and Technology.
Achievement of a recycling rate of 35 percent.
Reduction of solid waste by 50 percent.
Development of an Integrated Physical Development Plan for Tobago.
Development of physical development plans for South West and Middle Tobago
National Action Programme to Combat Land Degradation in Trinidad and Tobago 2006-2020 (2006) The National Action Programme to Combat Land Degradation in Trinidad and addresses the physical, biological and socio economic aspects of the process of land degradation. It focuses in part on physical development planning (municipalities, hill sides, coastal zones, watershed), sustainable management of forest resources, oil and gas resources, quarry resources, water resources, agricultural lands, soil resources, disaster risk reduction and waste (NAP 2006, xv.). The Programme proposes:
The revision of Building Codes for Trinidad and Tobago which can be used as a mechanism for green proofing buildings and promoting energy efficiency standards.
Enhancement of natural carbon sinks.
Preparation of a National Strategic Sustainable Development Plan (“NSSDP”) which is expected to replace the existing National Physical Development Plan.
Implementation of a National Reforestation and Watershed Rehabilitation Programme which will focus on reforestation of formerly forested lands especially in water shed areas through community co-management.
Development of a forest practices code.
Establishment of a certification system to combat illegal and indiscriminate logging.
Formulation of a policy on squatting.
Development of a people centred early warning system for floods, landslides and drought like events.
Working for Sustainable Development in Trinidad and Tobago 2012 (link is external) This Policy was prepared to guide Trinidad and Tobago’s participation at the United Nations Conference on Sustainable Development in Rio de Janeiro (Rio +20 Conference on Sustainable Development), held in June 2012. It is the third installment in a suite of policy related documents guiding government policy in Trinidad and Tobago on sustainable development and focuses on green economy in the context of sustainable development and poverty eradication and the institutional framework for sustainable development The Policy proposes:
Strengthening of existing laws and legislation which remain relevant to our modern situation and environment. Overlap and contradictions of existing laws and legislation must be rectified.
Increased efforts in promoting environmental awareness to schools at all levels and across the general public.
All existing institutions must be reviewed, restructured and streamlined so that they are better integrated into the developmental process to ensure matters of the environment are properly handled.
A well-defined and feasible diversification strategy is needed, focussing on the growth and development of the tourism, agriculture and creative industries.
Improve competitiveness and expand investment, both local and foreign.
All existing institutions must be reviewed, restructured and streamlined so that they are better integrated into the developmental process to ensure matters of the environment are properly handled.
Integrate efficient technologies into existing and new processes in an effort to green the economy.
Ensure that the quality, reliability and maintenance of existing infrastructure is of the highest standard, while adopting transparent and fair procurement practices.
Streamlining of and better collaboration among the numerous Ministries, agencies, NGOS and other interest groups to prevent duplication of efforts, maximize limited resources and to achieve the maximum possible benefits.
In terms of our values and attitudes, we need to inculcate a passion for lifelong learning among our citizenry, heighten our sense of civic responsibility as well as our commitment to nation building and place a premium on the value of productivity.
All social programmes and projects must be reviewed with an aim of better alignment to the needs of the society.
There is a great need for job creation with a focus on the creation of jobs to match the skill set of society.
Innovation for Lasting Prosperity: Medium Term Policy Framework 2011-2014 (link is external) Outlines Government’s perspective and intent on the socio-economic transformation that needs to take place in order to achieve our commitment to the people of Trinidad and Tobago of ‘Prosperity for All’ The Policy proposes:
The ‘Greening’ of the Priority Bus Route.
Outfitting of the police surveillance bays along the Churchill Roosevelt Highway with green technology such as solar lighting.
Development of a Green Government.
Buildings procured for Government offices by the Properties and Real Estate Division are equipped with green technologies.
Development of a Comprehensive Disaster Management Policy Framework. Establishment of an Inter-Ministerial Committee to address the issues of flooding and drainage.
Environmental Management Act (2001) (link is external) The purpose of the Environmental Management Act Ch 35:05 (rev. 2009) (“EM Act”) is to make provision for the management of the environment within Trinidad and Tobago and the protection of its natural resources. The EM Act, set out in nine Parts, also provides for the establishment of the Environmental Management Authority (“the Authority”), an Environmental Trust Fund and the Environmental Commission of Trinidad and Tobago The Act makes provision for:
The establishment of programmes to manage air pollution, noise pollution, water pollution, the environmental impacts of development, waste and environmentally sensitive species and ecosystems.
The enactment of Rules (subsidiary legislation) to give legislative support to the Programmes of the Authority.
The EMA to investigate the environment generally and such premises and vehicles as it thinks necessary for the purpose of (a) ascertaining the extent of air and noise pollution and the significant sources of pollutants which by their release cause or contribute to such pollution; and (b) characterising or describing that pollution
Requirement to apply for and receive a certificate of environmental clearance for new or significant modification of a designated activity.
Establishment and provision of incentive programmes or mechanisms which encourage the use of effective environmental systems and the achievement of improvements in environmental quality throughout Trinidad and Tobago.
The establishment of a voluntary facility environmental audit programme which allows for the exercise of enforcement discretion by the EMA with respect to liability which might otherwise arise, if an offence or violation is detected as a result of such an audit programme and voluntarily disclosed to the EMA.
The establishment of environmental certification or labelling programmes which allow the EMA to distinguish or designate specific persons, activities or products which the EMA certifies as demonstrating or representing significant environmental management qualities.
Municipal Corporations Act (1990) (link is external) An Act to provide for the continuation of the City and Borough Corporations for the erection of certain other municipal Corporations and for the Consolidation and Reform of Laws affecting Local Government. The Act makes provision for:
Every addition to or alteration of any building within a Municipality, and any other work made or done for any purpose in or upon any such building, shall, so far as regards such alterations or additions, or such other work, be subject to the provisions of the Town and Country Planning Act and of the Building Regulations.
A new building shall not be constructed within a Municipality otherwise than in accordance with the provision of the Town and Country Planning Act and the Building Regulations.
The functions exercisable by a Corporation in the Municipality include the provision, maintenance and control of such parks, recreation grounds, beaches and other public spaces as the President may from time to time by Order prescribe.
The promotion of development within the Municipality in accordance with plans approved by the Minister with responsibility for physical planning.
Certificate of Environmental Clearance Rules (2001) (link is external) The Certificate of Environmental Clearance Rules 2001 (“CEC Rules 2001”) were made pursuant to Section 26(h) of the Environmental Management Act. The purpose of the Rules is to regulate the process for obtaining a certificate of environmental clearance. The CEC Rules 2001 are supported by two other pieces of subsidiary legislation being the Certificate of Environmental Clearance (Designated Activities) Order 2001 as amended and the Certificate of Environmental Clearance (Fees and Charges) Regulations 2001. The Rules make provision for:
The Authority to request information including an environmental impact assessment to consider the effects of the proposed designated activity not only on the biophysical components of the environment but also on human settlements. This can include a consideration of the risks and vulnerability of proposed developments and infrastructure to events such as flooding and sea level rise which are known to be associated with climate change.
The discretion of the Authority to impose terms and condition which can include terms to mitigate the impacts which may arise out of any designated activity
Additional info
EMA Certificate of Environmental Clearance Rules Page (link is external)
Environmental Impact Assessment FAQ (link is external)

Petroleum Act (Chap 62:01) (link is external) An Act to consolidate and amend the law relating to petroleum so as to make better provision for the exploration for, and the development and production of, petroleum, and for matters consequential or incidental thereto. The Act makes provision that:
No person shall engage in petroleum operations on land or in a submarine area, unless he first obtains a licence.
Petroleum operations are defined as the operations related to the various phases of the petroleum industry, and includes natural gas processing, exploring for, producing, refining, transporting and marketing petroleum or petroleum products or both, and manufacturing and marketing of petrochemicals; but does not include mining operations involving the extraction of petroleum from bituminous shales, tar sands, asphalt or other like deposits.
A licensee must take care that gas is not liberated in such manner as to cause pollution of the surrounding air, and to prevent all waste (section 43(s) of the Petroleum Regulations).
Draft Air Pollution Rules (2010) (link is external) The intent of the draft Air Pollution Rules 2010 is to regulate air pollution in Trinidad and Tobago. The draft Air Pollution Rules 2010 set prescribed limits for the release of specific air pollutants from stacks and non-point sources. The Draft Rules make provision that:
There are approximately thirty one air pollutants which the draft Air Pollution Rules 2010 regulate. These include carbon monoxide, oxides of nitrogen, ozone, fluorine and its compounds and volatile organic compounds which are known greenhouse gases that can contribute to climate change.
Under Rule 19 of the draft Air Pollution Rules 2010, terms and conditions which may be included in an air pollution permit include:
all reasonable steps be taken to avoid all adverse environmental impacts which could result from releases of air pollutants from the facility.
all reasonable steps be taken to minimize any adverse environmental impact where the avoidance is impracticable.
reduction targets as determined by the Authority be met in respect of releases of air pollutants.
all facilities and systems of treatment and control which are installed and used by the permittee to achieve compliance with the permit are properly operated and maintained at all times.
at all times best management practices, pollution prevention measures, laboratory controls, quality assurance procedures and back-up or auxiliary facilities to achieve compliance with the permit, are carried out and maintained as determined by the Authority.
carbon dioxide is not listed as an air pollutant.
Shipping Act (1987) (link is external) An act to make provision for the registration and licensing of ships, matters relating to crews, safety of life at sea and matters incidental thereto. The Act makes provision that:
A licensed Trinidad and Tobago ship shall—(a) operate only within the waters of Trinidad and Tobago; (b) comply with such conditions as may be endorsed on the licence.
Minerals Act (2000) (link is external) An Act to regulate mining and to provide for matters connected therewith or incidental thereto. However, this Act does not apply to hydrocarbon exploitation. The Act makes provision that:
No licence shall be issued to any person to explore for, mine or process any minerals upon—
any national park, protected area or environmentally sensitive area, wildlife sanctuary or forest reserve, without the approval of the relevant Minister assigned for the relevant subject;
the foreshore, seabed or marine area without the approval of the Minister to whom the responsibility for land is assigned.
The Minister shall upon the advice of the Committee refuse to issue a licence to explore for, mine or process, import or export minerals where, such operations would be against the interest of the public, taking into account but not limited to the following:
the preservation of the character of the environment including the flora and fauna;
any other factors which in the opinion of the Minister would be against the public interest and contrary to the National Environmental Policy.
Licences issued under the Act shall, include a condition that the licensee shall comply with all written laws relating to the protection of the environment, health, safety standards and the protection of natural resources.
Standards Act (1997) (link is external) The Standards Act provides general authority to promulgate standards that improve environmental performance. The Act makes provision that:
The Trinidad and Tobago Bureau of Standards shall promote and encourage the development and maintenance of standards and further shall establish standards for the protection of the environment.
A standard which is intended primarily to protect the environment may be deemed a compulsory standard.
Where there is reason to believe that goods imported or about to be imported are likely to threaten the environment, whether a standard exists for such goods or not, the Bureau may require the importer or vendor to submit such goods for testing.
The Minister may designate an employee of the Bureau to eliminate any process or practice the effect of which adversely affects the environment
The Bureau has institutedTTS 558. 2001 (Voluntary) for Motor Vehicles-Exhaust Emissions-Specification. While voluntary, they provide guidelines that can assist in the reduction of carbon and GHG emissions.
Water and Sewerage Act (Chap 54:40) (link is external) The Water and Sewerage Act deals with water distribution in Trinidad and Tobago. The Act makes provision that:
If it appears to the Authority to be necessary for the purpose of protecting against pollution any water, whether on the surface or underground, which belongs to it or which belongs to a water purveyor or which the Authority of a water purveyor is for the time being authorised to take, the Authority may, after consultation with the SMinister of Health, by bye-laws –(a) define the area within which it deems necessary to exercise control; and (b)prohibit or regulate the doing within that area of any act specified in the bye-laws.
Environmentally Sensitive Areas Rules 2001 (link is external) The Environmentally Sensitive Areas Rules 2001 were established pursuant to Section 26 (2) and 41 of the EM Act. Section 41 of the EM Act provides that the Authority may designate a defined portion of the environment within Trinidad and Tobago as an environmentally sensitive area. Such areas need not be on land only but in accordance with the definition of the environment also include the marine and coastal areas, wetlands and even the atmosphere. The Rules makes provision that:
In accordance with Section 3 of the ESA Rules, the Authority may designate an environmentally sensitive area which is required to be protected for the purpose of meeting the government’s international obligation under specified international conventions including the United National Framework Convention on Climate Change.
Under Section 44 of the EM Act, activities being undertaken within an environmentally sensitive area and which prior to the date of designation all final statutory approval had been obtained would not be regulated.
More information
Environmentally Sensitive Areas and Species (link is external)

Draft Waste Management Rules 2008 (link is external) The draft Waste Management Rules were prepared in 2008 pursuant to Section 26 of the EM Act to regulate waste in Trinidad and Tobago. The Rules make provision for:
For the storage and disposal of hazardous waste. The First Schedule identifies waste generated from the production or processing of petroleum coke and bitumen (A3010) as hazardous.
Regulation of landfill sites and incinerators through a permitting process.
Forests Act (Chap 66:01) (link is external) The Forests Act is an act relating to the use and management of forests and forest produce. It also seeks to regulate the extraction of balata gum, the timber industry and designation of forest reserves. The Act make provision for:
The establishment of Rules to provide specificity to the Act. Rules can be made to address climate change in terms of requirements for reforestation and conservation.
The Minister subject to affirmative resolution of Parliament, make Rules providing for the preservation of trees remarkable for size, rarity or beauty, whether generally or in individual cases, and for obtaining permission to lop or fell the same.
Designation of prohibited areas, known as the Forests (Prohibited Areas) Order.
The continuation of the Lands Regulations. According to Section 2 of the Forests Act, “Forest Reserve” means and includes a forest and every part of a forest declared to be a Forest Reserve under the Land Regulations for the time being in force. Many forested areas in Trinidad and Tobago have been declared as Forest Reserves thus preserving its integrity as a carbon sink.
Town and Country Planning Act (Chap 35:01) (link is external) The Town and Country Planning Act makes provision for the orderly and progressive development of land in both urban and rural areas and to preserve and improve the amenities thereof; for the grant of permission to develop land and for other powers of control over the use of land; to confer additional powers in respect of the acquisition and development of land for planning. The Act makes provision for:
Power of Minister to if it appears expedient in the interests of amenity to make provision for the preservation of any tree, trees or woodlands in any area, he may for that purpose make a tree preservation order with respect to any such tree, trees, groups of trees or woodlands as may be specified in the order.
Regulation of the layout of housing areas including density, spacing, grouping and orientation of houses in relation to roads, open spaces and other buildings.
Allocation of lands for communal parks, for game and bird sanctuaries; and for the protection of marine life.
Fisheries Act (Chap 67:51) (link is external) In Trinidad and Tobago, the Fisheries Act was passed to regulate fishing in the waters of Trinidad and Tobago. The Act extend to all rivers, whether tidal or otherwise, and to the Territorial Sea of Trinidad and Tobago as defined by the Territorial Sea Act. The Act make provision for:
The Minister to make Regulations declaring any area to be a prohibited area (including wetlands).
Public Health Ordinance (Chap 12:04)
Occupational Health and Safety Act (88.08) (link is external) This is an Ordinance relating to the management of public health matters in Trinidad and Tobago. The Minister of Health is the line minister while the Central Board of Health, Regional Health Authorities have delegated responsibilities for their region. The Ordinance makes provision that:
No owner of land wheresoever situate shall utilise such land for the erection of buildings without having obtained the previous approval in writing of the local authority.
It shall not be lawful in any prescribed area to make an addition or alteration to any building…or to erect a new building otherwise than in accordance with the provisions of this Ordinance and any regulations or bye-laws made thereunder.
The local authority may make, alter and repeal regulations or bye-laws for the better carrying out of any of the matters contained in Parts III and IV of this Ordinance and…such regulations or bye-laws may provide for all or any of the following matters – (p) the regulation and control of open spaces (this is one of sixteen named matters).
Marine Areas (Preservation & Enhancement) Act (Chap 37:02) (link is external) The Marine Areas (Preservation and Enhancement) Act is an Act respecting the marine areas of Trinidad and Tobago. Its major thrust is to protect and manage our marine areas and it provides in Section 3 (1) for the taking of special steps for (a) preserving and enhancing the natural beauty of marine areas, (b) the protection of the flora and fauna of such areas;(c) the promotion of the enjoyment by the public of such areas; and (d) the promotion of scientific study and research in respect of such areas. The Act makes provision for:
The designation of any portion of the marine areas of Trinidad and Tobago as a restricted area where he considers that special steps are necessary for:
preserving and enhancing the natural beauty of such areas;
the protection of the flora and fauna of such areas;
the promotion of the enjoyment by the public of such areas;
the promotion of scientific study and research in respect of such areas.
The Minister to assign to any board, committee or similar body which he considers competent for the purpose, responsibility for the control and management of any restricted area in accordance with the provisions of this Act, any Regulations made thereunder and any general or special directions that he may give.
The Minister to make Regulations for the protection of the flora and fauna in restricted areas and the care, control and management of the restricted area.
Agricultural Fires Act Ch 63:02 (link is external) Agricultural Fires Act Ch 63:02 is to designate a fire season, regulate the setting of agricultural fires and to provide for the appointment of fire control officers and guardians The Act makes provision that:
A person who desires to set a fire other than an indoor domestic fire during a fire season shall apply first obtain a fire permit to do so.
The responsible Country Fire Control Officer may grant a fire permit subject to terms and conditions
Motor Vehicles and Road Traffic Act (Chap 48:50) (link is external) The Motor Vehicles and Road Traffic Act Ch 48:50 is an Act relating to the regulation of motor vehicles and road traffic in Trinidad and Tobago. The Act makes provision for:
New private or commercial motor vehicles manufactured to use compressed natural gas; and used private or commercial motor vehicles manufactured to use compressed natural gas and not older than two years from the year of manufacture, to free from motor vehicles tax.
The making of regulations to address health, safety or environmental matters with respect to the registration of motor vehicles or trailers including the prescribed vehicle emissions, use of unleaded fuels, and vehicle specifications for motor vehicles or classes of motor vehicles for the purpose of registration
Trinidad and Tobago Electricity Act (Chap 54:70) (link is external) An act to establish an electricity commission for Trinidad and Tobago, to enable the commission to generate and supply electrical energy and for other purposes in connection therewith The Act makes provision for:
TTEC as having the sole right to generate energy in any part of Trinidad and Tobago for the public or any member. TTEC may however enter into a licence agreement with an approved generator of electricity permitting the approved generator of electricity the nonexclusive right to generate electricity;
TTEC to promote and encourage the use of energy with a view to the economic development of Trinidad and Tobago;
The TTEC (Amendment) Act, No. 32 of 1994 specifically indemnifies any approved generator of electricity against any changes in environmental standards
Trade Ordinance (1958) The Trade Ordinance creates the concept of “negative list” which works to prohibit or regulate the importation into Trinidad and Tobago. The Ordinance makes provision for regulations for maintaining, controlling or regulating goods. Legal Notice No. 69 of 1999, places on the negative list, equipment using certain ozone depleting substances. Thus, the Trade Ordinance can be used to limit the access of technology in Trinidad and Tobago that breaches certain emission standards for greenhouse gases.
Regulated Industries Commission Act (Ch. 54:73) (link is external) An Act to provide for a Regulated Industries Commission to perform certain functions respecting service providers; for the licensing of service providers and to make consequential amendments to related Acts. The Act makes provision for:
Establishment of the Regulated Industries Commission. Functions of the Commission include:
Make recommendations on the award of licences;
Monitor and enforce compliance with licence conditions;
Establish the principles upon which tariffs will be based and monitoring rates charged to ensure compliance; and
Prescribe standards for services and monitoring compliance of those standards.
No entity shall (i) supply electricity (ii) distribute electricity (iii) supply of water (iv) distribute water (v) provide sewerage and waste-water services to or for the use of any other person or service provider except with the authority of a licence.
The enactment of subsidiary legislation to develop standards and make law through Legal Notices. The standards can then form a part of the terms and conditions of a Service Provider licence.
Tobago House Of Assembly Act (Ch 25:03) (link is external) The Tobago House of Assembly Act (“THAA”) provides the authority for the Tobago House of Assembly to formulate and implement policies pertaining to the environment. The Act makes provision for the Tobago House of Assembly, in relation to Tobago, to be responsible for the formulation and implementation of policy in respect of matters relating to the environment.
Disaster Measures Act Ch 16:50 (link is external) An Act to provide for the taking of prompt and expeditious measures for the alleviation of the effects of disaster and for matters connected therewith. The Act makes provision:
Where any area in Trinidad and Tobago is affected or is imminently likely to be affected by any fire, flood, landslide, hurricane, earthquake, disease or other calamity, the President may by Proclamation declare that area a disaster area.”
For so long as an area is a disaster area, the President or any person duly authorised by him may in that area—(a) assume control of and regulate—(i) all means of communication and transport;(ii) all supplies of food and other necessities;(iii) all water, fuel and power installations;(b) enter into and take possession of any building;(c) prohibit or restrict the possession or use by any person of any specified articles or commodities;(d) impose restrictions on persons leaving or entering the disaster area;(e) take all other measures which are reasonably necessary to mitigate the effects of the disaster.
Miscellaneous Taxes Act Ch. 77:01 (link is external) An Act to provide for raising revenue by the imposition of certain taxes, and for matters connected therewith. The Act makes provision that:
With effect from 1st January 2001, there shall be levied and paid to the Board of Inland Revenue a tax at the rate of 0.1 per cent to be known as a Green Fund Levy, on the gross sales or receipts of a company carrying on business in Trinidad and Tobago, whether or not such company is exempt from the business levy.
The establishment of the Green Fund. The purpose of the Green Fund is to financially assist organisations and community groups that are engaged in activities related to the remediation, reforestation and conservation of the environment. The Act was recently amended to include environmental education and public awareness.
Finance Act No. 30 Of 2010 (link is external) An Act to provide for the variation of certain duties and taxes, the introduction of other provisions of a fiscal nature and related matters The Act makes provision that:
With effect from1st January, 2011, where a person incurs expenditure on the acquisition of plant, machinery and equipment, excluding installation costs, for the purpose of providing a compressed natural gas kit and cylinder installation service; or the acquisition and installation, in a motor vehicle, of a compressed natural gas kit and cylinder, a wear and tear allowance of 130% of that expenditure will be allowed.
With effect from1st January, 2011, where a person incurs expenditure on the acquisition of plant, machinery, parts and materials for use in the manufacture of solar water heaters or the acquisition of wind turbines and supporting equipment, solar photovoltaic systems and supporting equipment or solar water heaters, a wear and tear allowance on 150% of that expenditure will be allowed.
Where a certified Energy Service Company has acquired plant and machinery for the purpose of conducting energy audits there shall be allowed an amount of seventy-five per cent of the cost incurred in the year of acquisition, and this amount shall be the only allowance on this expenditure for that year.
Litter Act Ch 30:52 (link is external)
Draft National Wildlife Policy (link is external) The Wildlife Policy provides guidance on the sustainable management of undomesticated animals and plants, whether introduced, resident or migratory, their parts or derivatives, and their habitats. It addresses issues related to endangerment and provides guidance on the management of threatened species. It also addresses key policy issues on the management of game species, wildlife habitat and the engagement of civil society in the management of wildlife. More information
Biodiversity.gov.tt Draft National Wildlife Policy (link is external)
Water Pollution Rules 2006 (link is external) More information
EMA Water Pollution (link is external)
Noise Pollution Control Rules Ch 35:05 (link is external) More information
EMA Noise Pollution Control Rules (link is external)
Draft Beverage Container Act, 2000
Draft Beverage Container Bill An act to provide for the establishment of the Beverage Containers Advisory Board and of a deposit and refund system for beverage containers and for related matters
Trinidad and Tobago National Programme of Action for the Protection of the Coastal and Marine Environment from Land-based Sources and Activities 2008-2013 Trinidad and Tobago (TT) is a party to the Cartagena Convention which requires the adoption of measures aimed at preventing, reducing and controlling pollution of coastal and marine areas from land-based sources and activities. Pursuant to the Convention the country acceded to the LBS Protocol under which signatory nations agree to establish effluent and emissions limitations and/or best management practices for a number of priority pollutants. In keeping with the recommendations of the GPA the preparation of the NPA for Trinidad and Tobago was based upon the following methodology:
Identification and assessment of the problem;
Establishment of priorities for action;
Setting of management objectives for priority problems for source categories;
Identification, evaluation, and selection of strategies and measures to achieve the objectives;
Determination of criteria for evaluating the effectiveness of strategies and measures; and
Establishment of administrative and management structures to support the NPA.
The NPA is being developed in two phases. The first followed the six steps listed above, and included a comprehensive examination of national issues relating to land-based sources and activities and involving:

Identification of the nature and severity of the problems in relation to food security, poverty
alleviation, public health, coastal and marine resources, ecosystem health, and economic and social benefits and uses;
Determination of the severity and impacts of contaminants and alterations including sewage,POPs, heavy metals, oils, nutrients, sediment mobilisation, litter, and the physical alteration and destruction of habitats (PADH); and
Identification of the sources of degradation and the affected or vulnerable areas of concern.
Green Fund (link is external) The Green Fund is the National Environmental Fund of the Republic of Trinidad and Tobago. This grant facility is available to Community Groups and Organizations engaged in activities focusing on remediation, reforestation or conservation of the environment. Green Fund Application Form (link is external)
Green Fund Executing Unit (link is external)
Role of the Green Fund in Sustainable Development in Trinidad and Tobago (link is external)
The Environmental Commission Rules of Practice and Procedure, 2001 (link is external) The purpose of the Rules is to achieve the objective of the Commission to provide a fair, open, accessible and understandable process for parties before the Commission as well as other interested person. The rules therefore seek to facilitate and enhance access to the Commission by the public, to encourage cooperation among parties and make proceedings less adversarial where appropriate. They seek to ensure the efficiency and timeliness of proceedings and avoid unnecessary delay. The Environmental Commission Trinidad and Tobago (link is external)
National Oil Spill Contingency Plan (NOSCP) (link is external) Whereas the Government of the Republic of Trinidad and Tobago (GORTT), in keeping with its objective of attaining developed nation status on or before the year 2020, is conscious of the need to preserve and protect our natural environment from the ever-present risk of oil and chemical spills. The GORTT shall therefore:
Assign the responsibility for the prevention, abatement and combating of oil pollution in the country‘s territorial waters, including its Exclusive Economic Zone and for the cleanup of oil contaminated coastal areas to the Office of Disaster Preparedness and Management (ODPM) as the Lead Agency with the Trinidad and Tobago Coast Guard as the Response Agency;
Ensure that this National Oil Spill Contingency Plan set out to provide for a coordinated response action in minimizing the detrimental effects of oil spills on land and at sea is implemented, regularly updated and rehearsed;
Appoint Incident Command Staff comprising GORTT personnel, including Incident Commanders who will function as the initiator and coordinator of oil spill contingency planning and response for Trinidad and Tobago;
Assign the responsibility for surveillance of the country‘s territorial waters, including its Exclusive Economic Zone for the timely detection of oil spills and other related emergencies to the Trinidad and Tobago Coast Guard;
Mandate the relevant oil, gas, petrochemical, shipping companies to subscribe to recognized and qualified Tier 2 contractors to cover Tier 2 spill response.
Ensure the availability of appropriate equipment and training of human resources for efficient response to, and containment, recovery and cleanup of, oil spills in Trinidad and Tobago‘s marine and terrestrial areas;
Encourage and support research in oil spill response, especially in relation to prevention, containment and mitigation methods, including mechanical and chemical means.
Additional Info: The National Oil Spill Contingency Plan (NOSCP) page (link is external)

Extracted From:Greentnt