Professional Documents
Culture Documents
· Horticultural Farming
· Generation of Electricity
· water proofing/caulking/paving
· Land Reclamation
· Coastal or Offshore Construction or Modification and Dredging Activities
Where an applicant for a CEC is dissatisfied with the decision of the EMA, he can appeal
to the Commission. The Commission has specific powers under the Act as well as all the
powers inherent in a superior court of record.
Environmental Liability
Damages for failure to comply with applicable environmental standards are capped at
$10,000.00 for each violation, and in the case of a continuing violation $5,000.00 for
each day that the violation is not remedied. The intentional or reckless release of any
pollutant or hazardous substance is a criminal offence which carries a penalty of
$100,000 and imprisonment for two years.
In addition to the above power of imposing sanctions, the EMA has significant powers to
halt activities and projects or prevent potential violations which may result in a violation
of any environmental requirement and may even result in assessments for compensation
by the Environmental Commission.
Avoiding the Uncertainty of Time
Procuring a CEC can become a protracted process whether or not the EMA requests an
EIA. If no EIA is required, inadequately presented applications may result in repeated
requests for further information which will extend the timeframe for a determination
since the 30 working day timeframe for a response is counted from the date of
submission of a duly completed application.
Depending on the requirements of the TOR, the applicant will need to hire one or several
environmental consultants. The ability of the consultants to deliver an EIA within set
timeframes and up to the EMA’s standards should be carefully considered in selecting an
appropriate environmental consultant/firm. Failure by these environmental consultants to
deliver the required information to the EMA can result in delays in acquiring approval
since the EMA has 80 days from receipt of the complete EIA Report within which to
respond.
Maximizing one’s ability to achieve a determination on a CEC application requires
significant preparation and collaboration on the part of the applicant with the EMA. As
far as possible, an application that is prepared in a problem solving manner and with co-
operation with the EMA, may avoid an extended time loop of requests for information.
Investor Awareness
A lender, a bank or a financial institution that either directly provides financing to a
borrower company in Trinidad and Tobago or invests in the commercial paper (bonds,
notes and the like) that a Trinidad and Tobago company may issue, may wish to know
whether the environmental infrastructure and standard in Trinidad and Tobago is
comparable to international standards.
Generally, in addition to obtaining a CEC (as described above), there are provisions
which require the issuing of permits with respect to water, air and noise pollution, the
release and handling of hazardous substances and the release and treatment of waste
disposal. The first point of concern for a foreign lender is that the local laws may not
reflect the general international environmental standards, although there are standards
such as contained in the Noise Pollutions Control Rules, Water Pollution Rules, Air
Pollution rules (not yet in force), Waste Management Rules (not yet in force).
To the extent that a foreign lender’s internal policy may be to provide financing upon
conditions which may include a borrower’s agreement to adhere to international
environmental standards, this may be resisted since it may be a higher standard than what
may strictly apply in Trinidad & Tobago. Bearing this in mind, to balance potentially two
differing points of view, one may consider the hybrid of requiring the adherence to local
standards and, if it is a new development, compliance with the terms of any CEC that
may be granted. This may or may not be a deal breaker.
Conclusion
Any investor who contemplates doing business in Trinidad and Tobago should become
aware of the local environmental infrastructure. An investor does not wish to find himself
without the requisite consent or licence, nor does he wish to invest in a company that is
not in compliance with the the country’s environmental laws.■