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Establishment of the Environmental Management Authority in
Trinidad and Tobago

Port of Spain, Trinidad and Tobago

The Government of Trinidad and Tobago, the United Nations Development Programme (UNDP) and the World Bank.

For 25 years, the responsibility for environmental issues in Trinidad and Tobago was handled by various ministries under successive governments. From as early as 1985, the need for one agency to coordinate all environmental matters and clearly define the roles of all government agencies was acknowledged, but it was not until March 1995 that the Environmental Management Act No.3 was passed. The Act established the Environmental Management Authority and provided for its composition, administration, financing and role. Funding for the institution was made available through a World Bank loan with additional assistance from the United Nations Development Programme (UNDP) and the Government of Trinidad and Tobago. The Authority began operations in June 1995. It now facilitates cooperation among Government Agencies, NGOs and community-based organizations. It is mandated towrite and enforce laws and regulations for environmental management, to educate the public about the nation’s environmental issues and to control and prevent pollution, as well as conserve natural resources. The Environmental Management Act also required the establishment of a tribunal, known as the environmental Commission, a superior court of record that hears appeals from decisions taken by the Authority.

National institution and administrative capacity (Chapter X of the Barbados Programme of Action)

• The establishment of working relationships with some 30 other state agencies through the execution of a memorandum of understanding, which sets out broad principles for cooperation.
• EMA has started the process of legislative reform with the drafting of seven pieces of legislation. These pieces of legislation cover issues such as the provision of certificates of environmental clearance for developers, protection of sensitive areas and sensitive species as well as noise pollution.
• The Authority drafted an environmental code, which assembles all the legislation relating to the environment. This document provides a tangible and accessible way of determining what environmental laws have been broken and the relevant agencies to approach for resolution.
• The Environmental Police Unit was formed. It is comprised of 20 special reserve police officers under the command of the Commissioner of Police, who have been specially trained in the specifics of dealing with environmental crimes. Initially, it focused on violations of the Litter Act and the “visible vapor” clause of the Motor Vehicles and Road Traffic Act. The programme, coordinated and implemented by the Environmental Management Authority, is now an accepted and critical aspect of environmental protection.
• Environmental literacy surveys, conducted in 1996 and in 1999, indicate that the on-going education and awareness programmes are having a positive impact on the level of awareness of environmental issues at the national and international levels. The programme is supported by numerouspublications.
• The establishment of standards in collaboration with the Trinidad and Tobago Bureau of Standards and other agencies is being attempted. One example is the standard for “Discharge of liquid effluent from industrial sources”, a draft vehicle emissions standard which is out for public comment. Another involves standards for ambient noise levels and air pollution.
• Improved generation of and access to data and information on the environment in Trinidad and Tobago to assist sound planning and decision-making has been achieved.
Various measures include the publication of a national environmental policy, the conduct of background studies on issues such as air pollution, solid waste and hazardous waste management, pollution of watercourses, the establishment of a computerized National Environmental Information System (NEIS) and the consistent publication of an annual report, which includes a state of the environmental report. The state of the environment report has reviewed the general state of the environment (land, air, freshwater, marine and coastal) as well as thematic areas such as freshwater, biodiversity and legislation.
• Country requirements to encourage sustainable development
under multilateral environmental agreements, to which Trinidad and Tobago is signatory, have been imple-mented.
These include an extensive country programme for the phasing out of ozone depleting substances, vulnerability studies and preparation of action plans for Planning for Adaptation to Climate Change and a National Biodiversity Strategy and Action Plan.
• EMA has received 967 complaints over the five years of its existence, 517 of which have been resolved. Incidents have involved diverse issues such as oil spills, watercourse contamination and air pollution. EMA has been assisted in this regard by its Environmental Police Unit, which was set up to enforce the Litter Act and the vehicle emissions clause of the Motor Vehicles and Road Traffic Act.

• To allow for the most effective functioning of an institution such as the Environmental Management Authority, an Environmental Commission is absolutely necessary. The tribunal reduces delays by taking environmental issues out of the normally clogged court system, giving it more prominence and dispatch in the hearing of matters.
• Extensive stakeholder involvement is essential for the success of all undertakings, including the drafting of laws and the designation of education and awareness programmes, as well as remediation projects.
• Capacity building and institutional strengthening of participating agencies must go hand in hand with building a national institution such as EMA. For example, if the Town and Country Planning Division is functioning well, many environmental concerns and complaints can be alleviated.
• The role of non-governmental organizations in sound environmental
concerns on behalf of the ordinary citizen is critical.
• Baseline studies and data collection are vital for proper decision-making and planning.
• Voluntary compliance did not work as an initial approach, in the Trinidad and Tobago context. The command and control approach is needed to encourage compliance.  Eventually, education along with improved laws and enforcement will create an atmosphere conducive to voluntary compliance.
• Education and awareness programmes are essential to support the regulatory and voluntary compliance regime.

Dr. Dave McIntosh
Managing Director / C.E.O.
Environmental Management Authority
2nd Floor, The Mutual Centre, 16 Queen’s Park West
Port of Spain
Trinidad and Tobago, West Indies