Petroleum (Pollution Compensation) Regulations (Chapter 62:01)
Made 1997 · Text as of 2026-10-01
Public law and official guidance, published as research. Not legal, tax or financial advice.
About this law
- Language
- English
- Kind
- Regulation
- Organisation
- Caribbean Community (CARICOM)
- Country
- Trinidad & Tobago
- Subjects
- Mineral resources, Cultivated plants, Waste and hazardous substances
- Keywords
- plant production, liability/compensation, mining, oil, oil pollution, alternative dispute settlement, pollution control
- Categories
- agriculture, energy
Where to read it
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Text
The law's own text, section by section, as held. Each section has its own link.
1. These Regulations may be cited as the Petroleum Citation. (Pollution Compensation) Regulations.
2. In these Regulations- Interpretation. (a) "Alternative Dispute Resolution" includes the methods of conciliation, negotiation, mediation and arbitration; (h) "crude oil" means petroleum in the liquid state ; (c) "operator" means any person that engages in petroleum operations whether as principal or subsidiary contractor, (d) "owner " includes all persons having any estate or interest in land; (e) "referee" means the persun chosen tu conduct the Alternative Dispute Resolution procedure under regulation 7; (f) "Valuation of Crop Plant Schedules" means the Schedules of Compensation for Agricultural Crops prepared by the Ministry of Agriculture, Land and Marine Resources that are available for public inspection at the Ministry's office during office hours; (/0:) "valuator" means a person whose name appears on a list of suitable persons prepared by the Minister and available for public inspection at the Ministry's office during office hours.
3. For the purposes of these Regulations, land is deemed Me ani.ng of to be polluted as the result of petroleum operations if it is pollution, polluted by - (a) the escape of oil or salt water or any solid or liquid matter, whether of a nature similar to oil or water or not. from any- (i) crude oil well; LoRD. 112009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 156 Chap. 62:01 Petroleum [Sub sidior-y] Petroleum (P ollution Comp ansauon) R egu lations (ii) boring or excavation for the purpose of winning crude oil ; (iii) natural or artificial pond, reservoir, swamp, tank, watercourse or channel; or (iv) pipe used in connection with petroleum operations; (b J the bursting, flooding or overflow (not being due to the negligence of the owner of the land polluted) of any pond, reservoir, sump, channel or watercourse which has been polluted as a result of petroleum operations. Investigation 4. (I) Where a complaint in writing is made to the operator of complaint. by an owner, that land in which he has an estate or interest has been polluted as a result of petroleum operatio ns, the operator shall within twenty-eight days investigate the complaint with the assista nce of' a valuator re ta ine d hy him (2) The valuator shall be agreed by both the operator and the owner, and in default of an agreement, shall be nominated by the Minister. (3) The valuator shall investigate the complaint and assess compensation for the damage done by pollution and prepare a report in writing which shall include details of any compensation assessed . (~) The owner or his representative and the operator or his representative may accompany the valuator in the investigation. Calculation of compensation.
5. T he valu ator shall calc ulate the co mpensat ion for damages based on- (aJ with respect to agricultural items, the current Valuation of Crop Plant Schedules; (b J with respect to non-agricultural items, the cost of cleaning the items or land affected, and the replacement value of destroyed items, as determined by him UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Petroleum Chap. 62:01 157 Petroleum (Pollution Comp ensation) Regu lations [Subsidiary]
6. The fees and expenses of the valuator shall be treated Valuator 's fees. as part of the cost of the investigation and shall be borne by the operator.
7. (1) At the conclusion of the process under regulation Refer ence to . .. . . Minister. 4(3) the operator shall forthwith file with the Minister the valuator's report and the operator shall at the same time serve a copy of the report on the owner. (2) Within fourteen days of the filing of the valuator's report the parties shall notify the Minister whether or not the report is accepted. (3) If the report of the valuator is not accepted by the operator or the owner, the Minister or his representative or agent shall endeavour to assist them in arriving at a settlement. (4) Where no settlement is arrived at within twenty- eight days of the filing of the valuator's report with the Minister, he shall , for the purpose of resolving the dispute: (a) refer the matter to a form of Alternative Dispute Resolution; (b) in consultation with the operator and the o WIler, determine which form of Alternative Dispute Resolution is most appropriate, and the choice of a referee, if required ; and (c) required the result of the procedure to be reported to him by a time specified in the referral.
8. Pursuant to section 39 of the Act, the Oil and Water Repeal of the Ordinance. Board Ordinance is hereby repealed . Ch. 26 No. 6. [134/1998 185/1998]. LoRD. 112009 UPDATED TO DECEMBER 31ST 2009