Environmental Sensitive Area (Matura National Park) Notice (Cap. 35:05)

LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 122 [Subsidiary] Chap. 35:05 Environmental Management ENVIRONMENTALLY SENSITIVE AREA (MATURA NATIONAL PARK) NOTICE ARRA NGEMENT OF NOTICES NOTICE 1. Citation. 2. Interpretation. 3. Designation. 4. Application. 5. Reason for designation. 6. Limitations on use and activities. 7. Permitted use andmitigating measures. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 123 [Subsidiary] ENVIRONMENTALLY SENSITIVE AREA (M ATIill A NATIONAL PARK) NOTWF, made under section 41 and under rules 3, 4 and 5 of the Environmentally Sensitive Areas Rules 32312004. 1. Th is Notice may be cited as the Env ironmentally Citation. Sensitive Area (Matura National Park) Notice. 2. In this Notice- Interpretation. "Act" means the Environmental Management Act; "animal" means any member of the animal kingdom, whether alive or dead in any stage of biolo gical development, and any part or product of these; "Authority" means the Environmental Management Authority established under section 6 of the Act ; "ecosystem" means a dynamic comp lex of plant. animal and micro-organism communities and their non-living environment interac ting as a func tional unit; "endangered" means the status of a species in which population numbers have fallen, for whatever reasons, to levels which place the species at risk of extirpation from parts of its range or extinction from its entire range ; "Environmental Officer" means a person authorised under section 33 of the Act; "Environmentally Sensitive Area" means the portion of the environment so designated in clause 3; "Environmentally Sensitive Species" means any species of living plant or animal so designated under section 41 of the Act; "explosive" has the meaning assigned to it in section 2 of the Explosives Act: Ch.16:02. "Management Plan" means the Draft Management and Physical Plan and Additional Studies-Final Report, Septemb er 1998, Caribbean Forest Conservation Association (CFCA) as amended; L.RD . 1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 124 Chap. 35:05 Environmental Management [Subsidiary] Designation. Part !' Envlronrnarualiy Sensitive ,1rca (M al um National Pa rk ) Notice' "National Park" means an area requiring (a) protection of the ecological integrity of one or more ecosystems for present and future generations; (b) the exclusion uf exploitation or occupat ion inimical to the purposes of designation of the area; and (c) the provision of a foundation for spiritual , scientific, educational, recreational and visitor opportuniti es, all of which are environmentally and culturally compatible; "natural resources" means the living plants, animals, organisms and other biological factors within the environment, and the geologic formations , mineral deposits , renewable and non renewable assets and the habitat of the living plants, animals, organisms and other biological factors; "plant" means any member of the plant kingdom, whether alive or dead, in any stage of biological development , and any part or product of these; "rare" means infrequently occurring species whose rarity mayor may not be on account of human activity; "Relevant Authority" means the Authority and any other governmental entity with jurisdiction under existing law; "Rules" means the Environmentally Sensitive Areas Rules 2001; "threatened species" means a species that is rare, vulnerable or endangered; "vulnerable" means the state of a species whose life history is such that makes it prone to population depletion and consequent endangerment by human activity; and "wise use" means the permitted activities listed in Part IV. 3. The Authority hereby designates as an Environmentally Sensitive Area C ESA") the portion of the environment described in Part I, hereinafter known as the Matura National Park . UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 125 Envlranmarually Sensitive ,1 r L'a (Ma l um National Pa rk ) Notice 4. This Notice does not apply to private land in the ESA. 5. The reason for the designation is to meet the objectives set out in Pa rt II . 6, The limitations on use of and activities within the ESA with which compliance is required are as specified in Part III. 7. Subject to rule 6 the wise use of the ESA is permitted and the mitigating measures to be undertaken are as specified in Part IV. UPDATED TO DECEMBER 31ST 2009 [Subsidiary] Application. Reason for designation. Part II. Limi tations on use and activities. Part 111. Permitted use and mitigating measures. Part 1V. L.RD. LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 126 Chap. 35:05 Environmental Management [Subsidiary] Envlronrnarualiy Sensitive ,1rca (Malum National Park) Notice' I'ART I DESCRII'TION OF THE ESA BOUNDARY DESCIUI'TION OF MATURA NATIONAL I'ARK Bounded on its Nothern Side Proceeding From: To: Direction Northing Northing Dcs cription Basting Basting North-west C 11951!lO C 1196570 From the South-Bast endof Private Parcel (PP) 717850 7 13960 8 alongmeNortnern Range ~PlanPG71),The North side of State Parcel (SP) 4 to the ZagayaRoad, along theZagayaRoad passing the Paria Main Road, across the Grande RiviereRiver, passingIsabellaTrace to SP5 South-west D 1196570 E 119580 Along the East side of SP5, the East and 713960 712220 South sides of SP6, the East and South sides ofPPs 8, 9, 10 and 11, the South side of PPI2, the East side of PP13, the West side ofSP7, the South side ofPP17 across and along the Grande Riviere Roa d, along the North side of the SPS and SP9, across and along the Estate Trace, and along the East and North sides of PP18. North-west E 119580 F 1197030 Along the East side of the State Land, along 71 2220 7095 10 the No rth side of the State Land along Howar d Trace, along Ma hautTrace, along the East and South sides of PP19 , across and along Mahaut River along the North side of the State Land and along the South side of PP20. South-west F 1197030 G 1196620 Along the North side of the State Land, 709510 708850 across Shark River and along the South side of PP21. N B - The Co-ordinated Values for the Northings and Eastings are provided to the nearest ten ( 0) metres. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 127 Envlranmarually Sensitive ,1 r L'a (Ma l um National Park ) Notice Bounded on its Southern Side P rocee ulng From: Tu : Direction N orthing Northing Descriptio n Easting Easting West H 1183780 A 1183980 Along the North side of SPlO, the West side of 715060 716090 :SP 10, across the Sahbra River, alo ng the West and N orth sides of SP lO along the Matura Trace , along the East side of SPlO , along the North andEast sidesof the Salibia Rive r to the Toco Main Road, along the Toeo Main Road across Matura Trace, acrossKnaggs River, to the Western corner of Knaggs Trace and the Toco Main Road . N R - The Co-ordinated Values for the N ort hings and F astm p;s are provid ed to the nearest ten (10 ) metres. Bounded on its Eastern Side Proceeding From: To: D irec tion Northing Northing Description Easting Eastin g North A 1183980 B 1187110 Corner of Knaggs Trace and Toco Main 716090 716590 Road , along the South , West and the North sides of PP1, the West and North sid es of PP2 , the North side of PP3 , the West side of SPI , the West side of PP4 , the South side of PPS, to Knaggs Trace, along Knaggs Trace, along the South side of PP6, the Eas t ~ iue uf PP7 , along Tabatcau Trace to Corral Trace, along Corral Trace and along the West sides of SPs 2 and 3. North B 1187110 C 1195830 Along the ridgeline in the Matura Forest 71 65 90 7 178 50 R eserve across th e R io Scco Trace, ac ros a the Ward Boundary, acros s the St. David Forest Reserv e, across Zagaya Road, into the Northern Range Reserve and to the South side of PPS. N B - The Co-ordinated Values for the Nor things and Bastings are provided to the nearest ten (10) metres. Bounded on its Western Side Proc eeding From: To: Direction Northin g Northin g Desc ription Easting Easting South r,. 119fi fi?O H l1 R17 RO 708850 715060 Along the ridgeiine through the 81. David Forest Reserve, across the Ward Boundary between the Ward of Toeo and Matura, along the ridgeline through the Matura Forest Reserve Eastern Extension to the SPlO. N B - 1he Co-ordinated Values tor the Northmgs and Bastings are provided to the nearest ten (10) metres. The size of the Matura National Park is approximately 9,000 hectares. UPDATED TO DECEMBER 31ST 2009 [Subsidiary] L.RD. LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 128 Chap. 35:05 Environmental Management [Subsidiary] Envlronmcnially Sensi tive A rea (!'datura National Pa rk ) N otice J\ l atura National Park D D Extent of Park Boundary Pr tvat c Dloc k.o; not included o Sta te Lands Boundary rHthe ' b Lur'l~llLifHl'1I P;,\rkF Umta .,~t SCAU D." UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 129 Envlranmarually Sensitive ,1 rL'a (Malum National Park) Notice PART II OBJECTIVES OF DESIGNATION I. Protection of the actual or prospective habitat of an Environmentally Sensitive Species. 11 . In furtherance of Schedule 1 of the Rules , compliance with Government's international obligations under the following Conventions: (a) The Protocol concerning Specially Protected Areas and Wildlife to the Cartagena Convention for the Protection and Development of the Marine Environment of the Wider Caribbean (the SPAvV Pi otocol ) which eutei ed into [UH.:t;: ill Trinidad and Tobago on 26th May, 2000; (b) The United Nations Convention on Biological Diversity (the Biodiversity Convention) which entered into force in Trinidad and Tobago on 1st August, 1996; and (c) Tlie Convention on International Trade in Endangered Species of Wild fauna and Flora (CITES) which entered into force in Trinidad and Tobago on 18th April, 1984. Ill. In furtherance of Schedule 11 of the Rules 1. Conservation of natural resources and protection of the environment including (aj maintenance of the significance of the area in the national, regional and international context; (b) preservationof the biological diversity of the area including (i) protection of the largest and most intact representation of Mora Forest (Mora exeelsa) in Trinidad and Tobago; (ii) the protection of rare or threatened species and their habitat, mcludmg (A) Trinidad Piping-guan or Pawi (Pipile pipile); (B) Ocelot (Leopardus pardalis); IC) Yellow-crowned Parrot (Amazona ochmcephala); (D) Parakeet, Green-rumped Parrotlet (Forpus passerinus); (E) Tayra (E ira barbara trinitatis); UPDATED TO DECEMBER 31ST 2009 [Subsidiary] Schedule II. L.RD. LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 130 Chap. 35:05 Environmental Management [Subsidiary] Envlronrnarualiy Sensitive ,1rca (Malum National Park) Notice' (F) Red Howler Monkey (A!ouatta seniculusv, (G) Wilrl Ho g, Quenk C oll ared Peccary (Tayassu tajacu); (H) River Otter (Lontra longicaudisv. (T) Matte Banded.tegu (Tnpinambis fpguirin): (l) Iguana (Iguana iguana ); (K) Orchids (Orchidaceae spp.); (L) Rare South American relict fishes in the northern draining rivers having representative Antillean fish fauna dominated bv gobies , mountain mullets , cling fishes and several sea-run species; and (M) Red Brocket Deer (Mazama americana trinitaiisi ; (c) protection , preservation, management and rehabilitation of an area that is threatened and degraded; (d) regulation of 1he use of natural resources contained within the area; and (e) maintenance of a stock of genetic resources in viable populations including 1he Trinidad Pipingguan or Pawi (Pipi!e p ipi!e); and Ocelot tLeopardus parda lisi . 2. Sustainable Economic and Human Development. 3. Logistic support such as environmental education and information sharing including (a) development of low impact ceo-tourism opportunities; (h) management of visitor use for inspirational , educational, cultural and recreational purposes at a level which will maintain the area in a natural or near natural state; (c) recognition of the needs of local communities in so far as it does not adversely affect the objectives of the Management Plan; (d) racihtation ot relevant scientinc research and environmental monitoring to improve understanding of the interactions between biotic and abiotic components of the environment, the procc sscs involved and the attributes and potential of the area's resources; UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 131 Envlranmarually Sensitive ,1 rL'a (Malum National Park) Notice (e) dissemination of information particularly to local communities and stakeholders; and (}) development of a database of information relevant to the ESA and maintaining public access to the information. [Subsidiary] IV. In furtherance of Sche dule III of the Rules, protection of an area S"hcdulcIII. referred to in the following written law: A forest reserve, referred to in section 2 of the Forests Act , Ch. 66:01, declared under the Land Regulations (1918) made under the State Lands Act, Ch. 57:01, ('ART III LIMITATIONS ON USE AND ACTIVITIES 1. The following uses and activities are prohibited in the ESA unless otherwise approved hy the Relevant Authoriry in accordance with existinglaw (a) dumping, littering or polluting, including the discharging or depositing of any refuse, oily liquids, waste acids , deleterious chemicals or any toxic polluting substances of any kind injurious to plants , animals or fish; (b) conduct or behaviour that unreasonably disturbs other persons in the ESA or unreasonably interferes with their enjoyment of the ESA ; (c) any action that will alter or upset the integrity of the natural functioning of the ecosystems of the ESA or causes damage to the natural resources of the ESA: (d) with the exception of enviromnental officers the possession or use of firearms and other weapons harmful to animals and their liabitats; (e) hunting , trading, taking or killing of animals, juveniles and eggs; (j) cutting or extraction of plants, trees, soil or any other material; (g) keeping of domestic animals; (h) introduction of any plant or animal species; (i) use of pesticides, fungicides, insecticides and other chemicals; (j) removal, damage or exportation ot ammals or plants, SOlI or any material; (k) quarrying or mining from the surface of the ESA; (I) prospecting and surveying for the purposes of mineral extraction; L.RD. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 132 Chap. 35:05 Environmental Management [Subsidiary] Envlronrnarualiy Sensitive ,1rca (Malum National Park) Notice' (m) dredging, filling or excavating; (/I) removing or destroying the natural physical features of the ESA; (0) the posession or use of explosives; (1') removal, destruction, damaging or defacing of any object, which is of scientific, historical, archaeological, cultural or palaeontological interest; (q) any parking or use of vehicles; (r) occupation or use of land except as provided for in Pan IV, clause l(d) below; (s) any other activity which results in a negative impact on the physical and hiC\lllgi{,::ll; and (t) socio-economic integrity of the ESA. I)ART IV WISE USE AND MITIGATION MEASURES 1. The following activities are permitted in the ESA subject to exisung law . (a) any activity that is in keeping with the enjoyment and experience of the natural and physical features , plants, animals and cultural attractions of the ESA; (b) educational activities; (c) non-destructive scientific research activities approved by the Relevant Authority; (d) activities permitted in Management Plan in specified physical zones of the ESA; and (e) any other activities permitted by the Relevant Authority in accordance with the Management Plan and objectives set out in Part 11. 2. The relevant Authority shall implement mitigation measures in the ESA; including (a) development of public awareness and education programmes; (h) enforcement of existing law; (c) fire prevention and control of squatting; (d) visitor management; (e) uaiulug of the Bnviroiuueutal Officers CUlL! other 1Jt:r~Ull~ involved in the management and use of the ESA; UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 133 Envlranmarually Sensitive ,1 rL'a (Malum National Park) Notice (f) community liaison; (g ) local community participation; (h) adaptive Management Strategies designed to address present and future challenges to the ESA; and (i) any other mitigationmeasures prescribed in accordance with the Management Plan. UPDATED TO DECEMBER 31ST 2009 [Subsidiary] L.RD.