THE ENVIRONMENTAL COMMISSION OF TRINIDAD AND TOBAGO

1
THE ENVIRONMENTALCOMMISSIONOF TRINIDAD AND
TOBAGO

• A SUPERIOR COURT OF RECORD
• OUTREACH A PUBLIC EDUCATION PRODUCTION
• Prepared by Her Honour Sandra Paul, Chairman,
  Environmental Commission of Trinidad and Tobago

2
VISION STATEMENT OF THE ENVIRONMENTAL COMMISSION

• The Environmental Commission, a superior court
  of record, will be a court characterised by
  excellence, which strives to attain justice
  through the rule of law. The Commission will be
  the premier environmental court in the region
  setting the trend in environmental
  decision-making and the utilisation of case
  management methodology and court and information
  technology.
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

3
GUIDING PRINCIPLES

• The Vision Statement of the Environmental
  Commission is premised on the following
  principles
• Provide equal access to a fair and effective
  system of justice to all members of society.
• Offer alternative dispute resolution processes
  while preserving the right of parties to a
  hearing before the Commission.
• Provide quality service that continuously
  improves, that meets and exceeds the needs of
  public expectations, and ensure that all persons
  appearing before the Commission are treated with
  courtesy, respect, and dignity.
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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contd GUIDING PRINCIPLES

• Maintain the independence of the Commission while
  strengthening relations with the public, the bar,
  the legislature and the executive.
• Enhance the potential of every person at the
  Commission to contribute to the administration of
  justice through participation, training and
  technology.
• Earn the respect and confidence of an informed
  public.
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

5
MISSION STATEMENT OF THE ENVIRONMENTAL
COMMISSION

• The Environmental Commission shall, in a fair,
  accessible, effective, and efficient manner,
  resolve environmental disputes arising under the
  law and shall interpret and apply the law
  consistently, impartially, and independently to
  protect the rights of citizens while being
  cognizant of the need for the balancing of
  economic growth with environmentally sound
  practices.
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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GUIDING PRINCIPLES

• Consistent with its Mission Statement, the
  Environmental Commission shall be guided by the
  following principles
• To make decisions in the best interests of the
  public.
• To conduct the Commissions business based on an
  underlying commitment to equal and timely justice
  while providing public access to an independent
  forum for the resolution of disputes.
• To advocate for policies and resources that are
  necessary for the Commission to fulfill its
  Mission.
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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contd GUIDING PRINCIPLES

• To ensure the continued development of an
  accessible Commission through planning, research,
  and evaluation programmes, and through the use of
  modern management approaches and technological
  developments.
• To provide leadership in the administration of
  justice at the Commission by establishing broad
  and consistent policies for the operation of the
  Commission and appropriate rules and forms.
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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contd GUIDING PRINCIPLES

• To promote a competent responsive and ethical
  Commission and staff through a comprehensive
  program of judicial education and training of
  Commission staff.
• To contribute to the publics understanding of
  the judicial process at the Commission through a
  continuing programme of public education.

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STATEMENT OF THE CORE VALUES OF THE ENVIRONMENTAL
COMMISSION

• Required to accomplish our Mission are four
  paramount values representing the core of what
  the Commission stands for as an institution
• Independence
• Integrity
• Fairness
• Quality Service
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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THE ENVIRONMENTAL COMMISSION AND ITS MEMBERS

• Established by an Act of Parliament The
  Environmental Management Act, 2000
• Arms length, independent and impartial
• Members appointed by the President of the
  Republic of Trinidad and Tobago
• Members have diverse backgrounds
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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THE ROLE OF THE ENVIRONMENTAL COMMISSION

• Efficiently and effectively resolve environmental
  issues through
• -Alternative Dispute Resolution (Mediation)
• -Public hearings
• -Decisions
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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contd THE ROLE OF THE ENVIRONMENTAL COMMISSION

• Provide excellent customer service through
• -Expeditious resolution of matters
• -Public Education
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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TYPES OF HEARINGS

• APPLICATIONS
• Environmental Management Act, 2000
• COMPLAINTS
• Environmental Management Act
• APPEALS
• Environmental Management Act
• Certificate of Environmental Clearance Rules,
  2001
• Noise Pollution Control Rules, 2001

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APPLICATIONS UNDER THE ENVIRONMENTAL MANAGEMENT
ACT

• Applications for deferment of decisions made by
  the Environmental Management Authority with
  respect to emergency response activities
• Applications for deferment of decisions by the
  Environmental Management Authority to designate a
  defined portion of the environment as an
  environmentally sensitive area or any species of
  living plant or animal as an environmentally
  sensitive species
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

15
contd APPLICATIONS UNDER THE ENVIRONMENTAL
MANAGEMENT ACT

• Applications by the Environmental Management
  Authority for the enforcement of any Consent
  Order or any final Administrative Order
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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COMPLAINTS UNDER THE ENVIRONMENTAL MANAGEMENT ACT

• An individual or group of individuals expressing
  a general or a specific concern with respect to a
  claimed violation can bring a complaint ( a
  Direct Private Party Action) under the Act
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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APPEALS UNDER THE ENVIRONMENTAL MANAGEMENT ACT

• An appeal against a decision of the Environmental
  Management Authority (E.M.A.) to designate an
  environmentally sensitive species or an
  environmentally sensitive area
• An appeal where the E.M.A. has failed to comply
  with the requirement for public participation
• An appeal from a decision by the E.M.A. to refuse
  to issue a certificate of environmental clearance
  or to grant such a certificate with conditions
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

18
contd APPEALS UNDER THE ENVIRONMENTAL
MANAGEMENT ACT

• Appeals from any determination by the E.M.A. to
  disclose information or materials claimed as a
  trade secret or confidential business information

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APPEALS UNDER THE CERTIFICATE OF ENVIRONMENTAL
CLEARANCE RULES

• An appeal against a decision by the E.M.A. to
  reject a claim under the Rules that information
  supplied in an application is a trade secret or
  confidential business information and should be
  excluded from the National Register of
  Certificates of Environmental Clearance
• H. H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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APPEALS UNDER THE NOISE POLLUTION CONTROL RULES

• An appeal against a decision of the E.M.A. under
  the Rules to
• -Refuse to grant a variation
• -Refuse to transfer a variation
• -Refuse to renew a variation
• -Revoke a variation
• -Impose any conditions of a variation
• -Reject a claim that information supplied in an
  application is a trade secret or confidential
  business information and should be excluded from
  the Noise Variation Register
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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MEDIATION

• Conducted at any time
• Members and staff are trained and experienced
• Confidential and without prejudice
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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THE HEARING PROCESS

• Governed by the procedures provided by
• -The enabling legislation( the Environmental
  Management Act, 2000)
• -The Environmental Commissions Rules of Practice
  
• and Procedure
• -The Chairman/ Deputy Chairman presiding at the
  hearing
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

23
contd THE HEARING PROCESS

• Usual steps in the hearing process
• -The Commission fixes date of hearing
• -Preliminary hearing
• -The hearing
• H.H. Sandra Paul, Chairman, Environmental
  Commission

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PUBLIC INFORMATION SESSIONS

• Conducted by Members of the Environmental
  Commission
• Information about the hearing process
• Information about how to file appeals/
  applications/ complaints
• H.H. Sandra Paul, Chairman, Environmental
  Commission

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THE ENVIRONMENTAL COMMISSIONS DECISIONS

• Decisions on Appeals
• -Dismiss
• -Allow and modify decision or action of the
  E.M.A.
• -Allow and refer the decision or action to the
  E.M.A. for reconsideration
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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contd THE ENVIRONMENTAL COMMISSIONS DECISIONS

• Decisions on Applications
• -Dismiss
• -Allow and make an Order for deferment of the
  decision or designation
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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contd THE ENVIRONMENTAL COMMISSIONS DECISIONS

• Decisions in Civil Actions
• -Dismiss
• -Allow and issue an Order as if the E.M.A. had
  taken action under sections 64-67 of the E.M.
  Act, 2000
• -Allow it and refer the decision or action back
  to the E.M.A. for reconsideration
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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POWER TO AWARD COSTS

• Participation may involve certain costs such
  as
• -Fees
• -Travel/accommodation expenses
• -Disbursements
• H.H. Sandra Paul, Chairman, Environmental
  Commission
• 2/12/04

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FOR FURTHER INFORMATION..

• The Environmental Commission of Trinidad and
  Tobago
• E.F. Telly Paul Building
• Cor. New St Vincent Streets
• Port of Spain
• Trinidad
• West Indies
• Tel [phone]
• Fax [phone]
• Email environcommission_at_tstt.net.tt
• Website www.environmentalcommission.org
• H.H. Sandra Paul, Chairman, Environmental
  Commission