Certificate of Environmental Clearance (Designated Activities) Order (Cap. 35:05)

LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 134 [Subsidiary] Chap. 35:05 Environmental Management 10312001. [18612008). Citation. Desi gnated ac tivities. Schedule. CERTIFICATE OF ENVIRONMENTAL CLEARANCE (DESIGNATED ACTIVITIES) ORDER made under section 35(1) 1. This Order may be cited as the Certificate of Environmental Clearance (Designated Activities) Order. 2. The activities listed in the Schedule are designated activities requiring a Certificate of Environmental Clearance, the grant of which signifies approval of the activity solely in terms of the environmental impact. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 135 Certificate of Envlratuncrual Clearance (Designated Activities) Order SCHEDULE (DESIGNATED ACTIVITIES) [Subsidiary] ACTIVITY DEFINITION 1 Poultry, pig, cattl e and other animal husbandry (a) Tho establishm ent, modificat ion, and production expansion, decommissioning or abandonment (inc lusive of associated works) of a poultry, cattle, pig or other livestock farm in excess of 250 heads of poultry or 25 heads of cattle, 25 heads of pigs or 25 heads of other livestock; (b) The c.atabliahm cnt, modification, expansion, decommissioning or abandonment of a facility for tho hatching, breed ing or slaughtering of 250 heads of poultry , or 25 headsof cattle, 25 heads of pigs or 25 heads of other livestock, per year. 2 Es tablishme nt of a facility for game Th o es tablis hme nt, modificati on , propagation expansion and abandonment (inclusive of associated works) of a game propagating facility . 3 Es tablishme nt uf a facil ity fUI The: es tal ilishtnent, rnod ificatiun, expans ion, Mariculture/aquaculture decommissioning or abandonment (inclusive of associat ed works) of a facility for fish/shellfish processing and/or , afacility for fish/shellfish propagation with a total pond area of 2.5 hectares or more. 4 Horticultural tarmmg The estanrtsnment modification, expansion, or decommissioning (inclu sive of associated works) of a horticultural farm of a total area of more than 2 hectares or a process ing f"l(,;];ty, wi th "l prnnll(' t;nn (,"lp"l(';ty nf mnr.. than 20 kilograms per day. L.RD. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 136 Chap. 35:05 Environmental Management ACTIVITY Certificate of Environmental Clearance (Designated A ctivities} Order (DESIGNATED ACTIVITIES)- Continued DEFINITION 5 6 7 8 9 Timber cultivation or extraction of logs Establishment of a fruit or vegetable farm Generation of electricity Clearing, excavation, grading and land filling Waterproofing/caulking/paving (a) The establishment of a timber plantation of more than one hectare or the expansion of an existing plantation by more than 2 hectares; (h) Logging or extraction (inclusive of associated works) in a timber plantation or in a forested area of 1 hectare or more during a five -year period; (c) The establishment, modification, expansion, decommissioning or abandonment of a sawmill. The establishment, or expansiou of a vegetable crop or fruit farm of an area in excess of 2 hectares during a two-year period. The establishment, modification, expansion, decommissioning or abandonment (inclusive of associated works) of an electricity generating plant with a capacity of 50 megawatts or greater. Except for the purposes of mining, processing or storage of clay, andesite, porcellanite, limestone, oil sand , sand (s), gravel or other non-metallic minerals in respect of an area of less than one hundred and fifty acres (a) the clearing, excavation, grading or land filling of an area of more than 2 hectares during a two-year period ; (h) the clearing of more than one -half a hectare of a forested area during a two -year period; or (C) the clearing, excavation, grading or land filling of any area with a gradient of 1:4 or more. The establishment of a paved area (inclusive of associated works) of more than 4, 500 square metres during a two-year period. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 137 Certificate of Envlratuncrual Clearance (Designated Activities) Order [Subsidiary] 10 11 12 ACT1VlTY Es tablishment ot institutional facilities and other facilities Esta blishment of hotels, guesthouses, etc. Land reclnmution DEFINITION fa) The es tablishment, decomm issioning or abandonment (inclusive of associated works) of the following facilities with a capacity for 500 or more persons including staff: (i) institutional facilities such as an educational facility , a hospital, a health centre, a nursing home, a prison/correctional facility; and (ii) other facilities such as sporting complexes, shopping malls, etc. (h) The modification or expansion (inclusive of as so ci atccl works ) of the following facilities in order to cater for 500 or more persons including staff: (i) institutional facilities such as an eduouti onul fa ci lity, a houpitul, a health centre, a nursing home, a prison/correctional facility ; and (ii) other facilities such as sporting complexes, shopping malls, etc. The establishment, modification, expansion, or decommissioning or abandonment (inc lusive of associated works) of an hotel, inn, etc., with a capacity of 30 rooms or more. The recl am atio n of land (in clusive of associated works). cxpans i on, dc.com mis sio ning or abandonment (inclusive of associated works) of marinas, piers, slipways, jetties or other coastal features. 13 Coastal or offshore constructionor modification and dredging activities (a) The estab lishment , modification, (h) T ho ca tnblis hm c nt , m od i f ication, or expansion (inclusive of associated works) of artificial reefs or other offshore structures . (,') The dredging or cutting of ccustul or marine areas. L.RD.1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 138 Chap. 35:05 Environmental Management [Subsidiary] Certificate' of Eavira runcrua l Clearanc e (Designated Activities] Order (DESIGNATED ACUVITIES)- Continued ACTIVITY DEFINITION 14 Ma nufacture or processing or roods, rood (a) Tho es tablis hme nt , mod ification, prorlnotc anrl rmnrlim entc exp ancion , decommi csioning 0< abandonment (inclusive of associated works) of a facility for the processing, canning, bottling or packaging of meats or fish (and their associated products). (h) The establishment, modification, expansion, decommissioning 0< abandonment (inclusive of associated wor ks) of a facility for the processing, canning, bottlin g or packagin g of 10 tonnes per year or more of the following : dairy products; margarines or vegetable oils; fruits, vegetables; fruit or vegetable juices; jams, jellies, pastes or sauces; preserves-products, fruits or vegetables ; pre-cooked meats, fruit s or meals; carbonated beverages; artificially fl av oured bev erages : co ffe e or co ffe e related products; cocoa or cocoa related products ; sugar confecti onery ; baked products; spices, seasoning s, flavo uring extracts and other condiments. 15 Establishment of a facility for granaries and Tho establishment, modification, grain mills decommi ssioning , abandonment or expansion (inclusive of associated works) of a granary or grain mill. 16 Establishment of a facility for sugar The establi shment, modification, decommissioninp, abandonment 0< expansion (inclusive of associated works) of a sugar manufacturing or refining facility. 17 Establishment of a facility for alcoholic Tho establishment, modification, beverages, win es and spirits exp ansion, decommi ssionin g or abandonment (inclusive of associated works) of a distillery, brewery or other tacihty tor the manut acture ot alcoholic beverages, wines and spirits. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 139 Certific ate of Envlratuncrua l Clearance (D esignated Activities) Order [Subsidiary] 18 19 2U ACT1VlTY Es tablishment of a facility for mat erials used in construction Establishment of a facility for petroleum pro ducts, petroch emi cals or petrochemical products. Manutacture at goods and products other than petroleum products, petrochemicals or petrochemical products DEFINITION (a) The establishm ent, modification, expansion, decommissioning or abandonment (inclusive of associated works) of a plant for the manufacture of raw material s or produ cts used in construction. rh) The establishment modification, expansion, decommissioning or abandonment (inclusive of associated works) of a facility for the packaging/containm ent of asphalt and cement The establishment, modification, expansion, decommissionin g or abando nment (inclusive of ussociuted worke) of a fuoility for the manufacture of petroc hemical s; petrochem ical produ cts; petroleum products , including asphalt or bitumen. (a) The estabhshment, modrtrcatron, ex pans ion, decom missio ning or abando nment (inc lus ive of associa ted works) of a chemical manufacturing plant. (h) The establishment (inclusive of associated works) modification, or abandonment of an indu strial gas producti on , processing, compression or liquefaction plant. (e) The es tablis hm ent, m odi ficati on, expansion, decommissioning or abando nment (inclus ive of associated works) of a facility for the manufacture or as scurb ly uf. paints, l,; udl i ll~ ~ UI alli ed prod ucts ; pharm aceuti cal o r cosme tic products; household products; personal hygiene produ cts; texti les; fibres or fib re products; dyes; inks; wearing apparel; pap er or pap er pro duc ts ; fu rniture or househ old fixt ur es; plastic or plasti c products; rubber products; batteries or asso ciated co mpo ne nts; automo biles; automottve spare pans or componenrs; adhesives or adh esiv e products; polym ers or polymer prod ucts; glass or assoc iated products; appliances or components; electrica l pro ducts or compo nents: asbestos or asbestos containing products; or leather. (tl) The establishment, modification, expansion, decommissioning or abandonment (inc lus ive of ass ociated works) of a facility for printing and packag ing. L.RD . 1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 140 Chap. 35:05 Environmental Management [Subsidiary] Certificate' of Eavira runcrua l Clearanc e (Designated Activities] Order (DESIGNATED ACUVITIES)- Continued ACTIVITY DEFINITION 21 Establishment of a facility for production or The establishment, modification, refining of metals or their related products expansion, decommissioning or abandonment (inc lusive of assoc ia ted works) of a facility for the production or reforming of metals or related products (including lead recovery from batteries). 22 Establishment of a facility for metal ore mining The establishment, modification, expansion, and processing decommissioning or abandonment (inclusive of associated works) of a facility for the extraction, or processing or storage of metal ore. 23 Es tablishment of a facility for non-metallic Th e establi shment, modificati on, mining and processing expansion, decommissioning or abandonment (inc lusive of associated wo rks) of a fac ility for the mining, processing or storage of clay, andesite, porcellanite, lim estone, oil saud, 5dllll(5), gravel or other non-metallic minerals . 24 Exploration for crude oil or natural gas The conduct of all works related to this activity. 25 Es tablishment of a facility for primary or The estab lishment, modification, secondary production of crude oil, condensate expansion. decommissioning or or associated gas abandonment (in clusive of associ at ed works) of a facility for the extraction or product ion of crude oil or production of associated gas or condensates. 26 Est ablishment of a facility for natural gas or (a) The es tablis hment , modi fication, condensate production expansion, decommissioning or abando nment (inc lusiv e of asso cia ted works) of a facility for natural g'" or condensa te production. (h) The establishment, modification, expansion, dec ommissioning or abandonm ent (incl usive of assoc iat ed works) of a natural g'" compression, blending or liquefaction facility. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 141 Certificate of Envlratuncrua l Clearance (D esignated Activities) Order [Subsidiary] ACT]VlTY DEFINITION 27 Es tablishment of infrastructure for pipeline Tho establishment, modification or systems expansion (inclusive of associated work s) of a pipeline or pipeline sys tems for transmission of produced fluids, crude oil or natural gas. 2~ Establishment of infrastructure for crude oil Tho establishment, modification, refining expansion, decommissioning or abandonment (inc Ius iv e of ass oci ated works) of crude oil refinery. 29 E stablishment of infr astructure for the storage Tho installation, expansion, of petroleum or liquid petroleum gas or their de commissioning or aba ndo nme nt derivatives (inclusive of associated works) of a storage facility with a gros s capac ity of more than 500 barrels. "u Ij s ta b lisluueut ul iuhasuuctuie rUI receipt aud T he es tatntsnrnen t, rnoutrtcauou, transmission of electromagnetic wav es ex pansion, dec ommissioning or abando nme nt (incl us ive of associa ted works) of satellite to earth stations for the purp ose of rend ering co mmunica tion services to the public. 31 Establishment of park s, natu re trails and other (u) Th e es ta blis hme nt, modificati on , recreational areas expansion, decommissioning 0< <tU<tIH.lUIl Illt" II ( ( inc l us ive uf <t~~U l: i<t (t" u wo rks) of a park, na ture trail, board walk or other recr eational facility supporting a potential v is ito r use 500 or more individuals per day. (h) The establishment , mod ification, expansion, decommissioning 0< aba ndo nmen t (inclus ive of associa ted works) of a golf course 32 Es tablishment of inf ras tructure for air Tho establi shment, modi fication, transportation expansion, decommissioning or abando nme nt (inc lus ive of associate d works) of an airport, heliport, aerodrome or landing strip. 33 Establishment of infrastructure for land (a) The establishment (inclusive of associated tran ..por tatioll w orks ) of a roarl. of mnre than 1 kilom etre in length. (h) The ex tens io n!expansion (inc lus ive of associated works) of a road by more than 1 km or by 35% or more of its length or width. L.RD . 1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 142 Chap. 35:05 Environmental Management [Subsidiary] Certifi cate' of Eaviraruncrua l Clearance (Des ig na ted Activities] O rder (DESIGNATED ACUVITIES)- Continued ACTIVITY DEFINITION 34 Establishment of infrastructure for marine The es tablis hment, mod ificati on, transportation ex p ans ion, decommissioning 0< abandonment (inclusive of assoc iated works) of a m ar in e termi na l, ha r bo ur/ p o r t or facili t ie s for dry dockin g or ship repair or construction. 35 Establishment of a facility for solid waste The establis hment , modification , disposal expansion, decommissioning or abandonment of a solid waste disposal facili ty inclusive of the disposal of ind ue triul wuete, u.ircruf t and ship generated waste. 36 Establishment of a facility for hazardous or The establishment, modification, expansion, toxic substance handlin g decommi ssioning or abandonment of a facility for handling, storage, treatment or disposal of hazardous substances. 37 Recovery, recycling or incinerat ion of was te The establis hment , modification , expansion, decommissioning or abandonment (inclusive of associated works) of a fac ility for the recovery or recycling or incineration of wast e. 3" Catchm ent, abstraction or treatm ent of (a) The establishment, modification, potable/process water expa ns ion, decommissi onin g or abandonment (incl usive of associated w orks ) of a facil ity for the catchment , abstraction or treatment for distributi on of potable or process water. (h) The establishment, modification, decommi ssionin g or abandonm ent of waterwells or other infrastr uct ure (inclusive of assoc iated wor ks) to make availabl e potable or process water. 1(') T he es tat ntsurnent, rnout rtcau on, expans ion, decommiss ioning or abandonment of a desalin ation plant. ' 9 Ps tahlis hm ent nf ~ 11ff:l(!f' imp nunrlm ents, darn s T he establishment, modificati on, expansion, or reservoirs for storage of water decommissioning or abandonment (inclusive of associated works) of surface impo undments, dams or reservoirs for storage of water. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Environmental Management Chap. 35:05 Certificate of Environmental Clearance (Designated Activities) Order 143 [Subsidiary] 4U 41 42 4',) ACTIVITY Establishment or water distri bution systems Establishment of land drainage and irrigation schemes Establishment of waste water or sewage treatment facilities Provision or other service-oriented activ ities DEFINITION ra) The establishment, modification, expansion, decomm issionin g or abando nme nt (inclusive of associated works) of pipeline distribution systems for the delivery of potable, PIUCt:~ :s water VI :st:wagt:. (b] The laying of water and sewage mains (inclusive of associated works) along an existing or a new right of way for distances of more than 1kilometre dunng a two-year period. (a) The es tablishment, mod ific ation, or expansion (inclusive of associated works ) of a land drain age O f irri gation sc he me for a parcel of land or more than 1 hectare during a two-year period . (h) The establishment of a flo od control system or a water supply impoundment for a parcel of land of more than 1 hectare during a two-year period. (c) The realignment or modification of drainage or river systems. The establi shmen t, modificati on , expan sion , decomm issioning or ab andonment (i nclusiv e of associa ted works) of a wa ste water or se w age treatment facility . ra) The est abl ishment, modification, ex pansion. decommi ssioning o r ab and onment (incl usive of ass oc ia ted works) of an automotive repair garage, autobody shops, gasoline/service stations or vehicle inspecti on stations. (h) The establishment, modification, expansion, decommi ssionin g or aband onment of a laundry (wet or dry cleaning). (.::) The e stablishment, modi ficat ion , decommissioning or abandonment (inclusive of associated works) of a comm ercial kitchen with a water consumption of 9 cubic metres or more per day. (d) The est abli shment, modification, expansion , dec ommi ssioning o r ab andonm ent (inclusive of associ ated works) of chemical or medical or other scientific research laboratories. LoRD. 112009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 144 Chap. 35:05 Environmental Management [Subsidiary] Certificate' of Eaviraruncrual Clearance (Des ig na ted Activities] Order (DESIGNATED ACTIVITIES)- Continued ACT1VlTY DEFINITION 44 Cemeteries and Crematoriums (a j The es ta blis hme nt, modification, expansion , decommissionina or abandonment (inc lusive of associated wo rks) or buri al grounds fa< human remains with an area of 500 squares metr es or more. (h) The establishment, modification, expansion, decommissio ning or abandonment (inclusive of associated works) of crematoria or pyre sites for human remains. UPDATED TO DECEMBER 31ST 2009