Certificate of Environmental Clearance Rules (Cap. 35:05)

LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 64 Chap. 35:05 Environmental Management SUBSIDIARY LEGISLATION CERTIFICATE OF ENVIRONMENTAL CLEARANCE RULES ARRANGEMENT OF RULES RULE 1. Citation. 2. Interpretation. 3. Application for Certificate. 4. Processing of application. 5. Preparation of TOR 6. Determination of application. 7. Issue and refusal of Certificate. 8. National Register. 9. Public access to Certificate information. 10. Standards for preparation of EIA 11. Transfer of Certificate. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 65 [Subsidiary] CERl1FIC ATE OF ENVIRONMENTAL CLEARANCE RULES made under section 26(h) and after compliance with sections 27 and 28 10412001. 1. These R ules may be cited as the Certificate of Citation. Environmental Clearance Rul es. 2. In these Rules- Interpretation. "Act" means the Environmental Management Act; "applicant" includes an agent and an attorney appointed under a duly registered Power of Attorney; "application" means an application for a Certificate made under section 3 5(2) of the Ac t; "Authority" means the Environmental Management Authority established under section 6(1) of the Act; "Cert ificate" 111Cdns a certificate of environmental clearance issued under section 36(1) of the Act; "designated activity" means an activity listed in the Schedule to the Certificate uf E nviro nrnent al Cleara nce (Designated Sub. Leg . Activities) Order; "effects" includes direct and indirect, secondary, cumulative, short , medium and long term, permanent, tempo rary, positive, negative and synergistic effects; "EIA" means an environmental impact assessment; "notice" means a notice in accordance with the form determined by the Authority; "Order" means the Certificate of Environmental Clearance (Designated Activities) Order; Sub. Log. "recipi ent" means the Authority, TCPD and a person mentioned in rule 3( 2)(h); "Register" means the National Register of Certificates of Environmental Clearance established under rule 8; "Registrar" refers to the Registrar of Companies under the Companies Act; Ch. 8 1.01. L.RD.1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 66 [Subsidiary] Chap. 35:05 Environmental Management Certif icate' of Eavira runcrual Clearance' Rule's Application for Certificate. FormA. en, J5 .0 1. "TCPD" means the entity responsible for town and co untry plann in g: 'TOR" means terms of reference for an ErA. 3. (1) An application for a Certificate shall he in Form A and shall, subject to subrule (2), be submitted to the Authority together with the prescribed fee. (2) An application shall be submitted (a ) to TCPD in respect of a designated activity constituting a development requiring express glClut uf peuuissiuu under the TUWllaud C o uuu y Planning Act; or (b) subject to paragraph (a) , to a person appointed as recipient uf applicatlons by the Authority by notice published in the Gazette, (3) An application submitted under subrule (2) shall be forwarded by the recipient to the Authority not later than five working days after its receipt. (4) The applicat ion shall contain -i (a) the name and business address of the applicant; (b) an identification of the designated activity as set out in the Schedule to the Order; and (c) the location of the proposed activity. (5) The following information shall be supplied by the applicant in support of his application: (a) the purpose and objectives of the activity; (b) a description of the site and the areas likely to be affected by the proposed activity; (c ) the size and scale of the activity including capacity, throughput, land space and covered areas; (d) a description of the activity explaining (i) the types of processes and equipment or machinery to be involved; UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Certificate of Enviro nmental C learance Rules Chap. 35:05 67 [Subsidiary] (ii) the type, quantity and sources of input materials; (iii) the quantity and destination of any by products, including any waste; (iv) the modes of transportation that will be used to carry out the proposed activity and the potential effects of such transportation; (v) the volume of intermediate and final products; and (vi) the frequency or rate of extraction with respect to use of natural resources; (e) the expected life of the activity; (f) the proposed schedule of actions from preparatory work to start-up and operation; (g) such maps, plans, diagrams, photographs, charts and other illustrative or graphic material as may facilita te understanding of the information presented and the nature of the site. (6) Where the applicant is a company, the applicant shall supply the Authority with a Registrar 's Certificate furnished by the Registrar of Companies under section 486(l )(h) of the Companies Act stating that the name of the company is on the Ch. SLOL Companies Register. (7) The applicant may, in the application assert a claim that any of the information to be supplied under subrule (5) is a trade secret or confidential business information, and the applicant may request that such information be omitted from the Register. (8) The Authority may reject the claim under subrule (7) for the reason (a) that the applicant has not disclosed the basis for the claim; (h) that the basis disclosed is invalid; or L.R.o . 1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 68 [Subsidiary] Chap. 35:05 Environmental Management Certif icate' of Eaviraruncrual Clearance' Rule's (c ) that the public interest in disclos ing the information clearly outweighs any prejudice to the applicant. Processing of apptrcatron. Preparation of TOR. 4. (1) The Authority shall. within ten working days after receipt of an applicationunder rule 3(1) or 3(3) issue to the applicant a notice acknowledging receipt of the applicationand it shall (a) notify the applicant that the application does not relate to a designated activity and accordingly, does not require a Certificate; (b) request furt her information of the applicant as prescribed in rule 3(5) ; (c) notify the applicant that an application requires a CEC but does not require an ErA; (d) notify the applicant that an ErA is required in compliance with a TOR; (e) notify the applicant that the claim for confid entiality of information is upheld or rejected and the reason therefor. (2) The rejection of a claim under rule 3(8) is subject to appeal to the Environmental Commission. 5. (1) Where the Authority determines that an ErA is required , the Authority shall within twenty-one working days after the date of the notification under rule 4(1)(d) (a) consult with the applicant on the preparation of the proposed TOR; (b) prepare the draft TOR; and (c) notify the applicant in writing that the draft TOR is ready for collection at the Authority's offices upon payment by the applicant of the prescribed charge. (2) The applicant shall, where appropriate, conduct consultations with relevant agencies, non-governmental UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Certificate of Enviro nmental C learance Rules Chap. 35:05 69 [Subsidiary] organisations and other memb ers of the public on the draft TOR and may, within twenty-eight days after notification under subrule (1)(c), submit written representations to the Authority requesting that the draft TOR be modified and setting out (a ) the manner in which he propo ses that the TOR should be modified; (b) a reasoned justification for the pro posed modifications; and (c) a report of the consultations with relevant agencies , non-governmental organisations and other members of the public on the draft TOR. (3) The Authority shall consider any written representations and the prescribed informati on submitted by the applicant pursuant to subrule (2) and shall finalise the TOR as it sees fit, and issue the final TOR to the applicant within ten working days after the expiry of the period specified for the submission of written representations in subrule (2). 6. (1) Subject to subrule (2) the Authority shall notify Determina tio n . . of application. the applicant in wnting of its determination WIth respect to a Certificate which (a ) does not require an ElA, within thirty working days after the date of acknowledgement of the receipt of the application under mle 3(1) or rule 3(3) , or within thirty working days after the receipt of further information requested under mle 4; and (b) requires an ErA within eighty working days after the submission of the ErA Report. (2) Where the Authority considers that it will be unable to make a determination within a period specified in subrule (1) it shall, before the expiry thereof, notify the applicant in writing of an extended date by which the determination will be made and the reasons therefor. L.RD . 1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 70 [Subsidiary] Chap. 35:05 Environmental Management Certif icate' of Eavira runcrua l Clearance' Rule's Iss ue and refusal of Cer tificate. National Register . 7. (I) A determination with respectto a Certificate includes (aj the issue of a Certificate in accordance with the form as determined by theAuthority whichshallinclude (i) an identifying number; (ii) the date from which the Certificate is effective; (iii) the information, in the application mentioned in rule 3(4) ; (iv) the mitigation measures that the applicant is required to undertake ; (v) a condition that if the activity for which the Certificate is granted has not commenced within three years after the effective date, the Certificate shall cease to have any validity, force or effect; (vi) other terms and conditions as the Authority sees fit ; and (vii) a reminder to the applicant of his right of appeal to the Environmental Commission against a decision to grant a Certificate with conditions ; or (b j the issue of a notice of refusal to issue a Certificate which shall set out the reasons for refusal and a reminder to the applicant of his right of appeal to the Environmental Commission against a decision to refuse to issue a Certificate. (2) The applicant shall cause the certificate to be displayed in public view at the place from which the applicant carries on the designated activity for which the Certificate was issued. 8. (I) The Authority shall establish a National Register of Certificates of Environmental Clearance. (2) Subject to subrule (3), the Authority shall enter in the Register the details and status of every (aj application, including the information supplied under rule 3(5); UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Certificate of Enviro nmental C learance Rules Chap. 35:05 71 [Subsidiary] (h) application for a transfer under rule 11; (c) Certificate, including the appropriate mitigation measures, other terms and conditions subject to which it is issued and transfers approved by the Authority under rule 11; (d) refusal to issue a Certificate and the reasons for refusal ; and (c) refusal to grant a transfer of a Certificate. (3) The Authority shall omit from the Register any information which the applicant claims under rule 3(7) should be treated as a trade secret or confidentialbusiness informationwhere (a) the Authority does not contest the claim; or (h) the Authority rejects the claim but the claim is upheld on appeal pursuant to rule 4(2). 9. (1) The Register shall be open to examination by members uf the public at such plac e or places ami during such times as the Authority may notify from time to time in the Gazette and in one or more daily newspaper of general circulation. (2) An extract from the Register shall be supplied at the request of any person on payment of the prescribed fee. Public access to Certificate information. 10. An ErA required by the Authority under section 35(4) of Standards for h A h II b . d out bv uersons wi h . d preparatron oft e ct s a e carne out y perso ns Wit expertise an EIA. experience in the specific areas for which information is required and may, where appropriate include the following information: (a) a non-technical summary of the findings of the assessme nt comprising the key issues, a brief evaluation of the potential effects and hazards of the proposed activity and the measures and recommendations proposed for addressing the findings of the evaluation; (h) a description of the existing ecological and other characteristics and conditions of the site and areas likely to be affected by the proposed L.RD . 1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 72 [Subsidiary] Chap. 35:05 Environmental Management Certif ica te' of Eavira runcrua l Clearance' Rule's activity, with relevant information about the land use requirements during the various phases of the activity; (c) illustrative materials where appropriate, including maps and photographs; (d ) a desc ription of the activity giving adequate and concise information on (i) the characteristics of the processes and methods proposed ; (ii) the design , size , scale and capaci ty; (iii) equipment and machinery to be involved; (iv) source, natu re and quantity of materials to be used ; (v) rates of extraction; and (vi) the estimated typ e and quantItIes of expected emissions, residues, wastes, noise , light, vibrations , heat, and radiation to air, water and soil during the various phases of the activity; (e) an identification and assessment of the main effects that the activity is likely to have on the components of the environment, including: (i) human beings: (ii) fauna; (iii) flora; ( iv) soil; (v) water- surface and ground; (vi) an ; (vii) the coast and sea; (viii) weather and climate; (ix) the landscape; (x) the interaction between any of the foregoing ; (xi) material assets; (xii) the cultural heritage ; UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Certificate of Enviro nmental C learance Rules Chap. 35:05 73 [Subsidiary] (f) an evaluation of the alternatives to the activity, giving consideration to concerns of environment, alternative sites, designs, approaches and processes ; (8) an account of the assessment of the methods used and the level of uncertainty of any predictions; (11) an account of the measures proposed to avoid, reduce , mitigate or remedy any of the significant adverse effects identified; (i ) an identification of the potential hazards and an assessiueut uf the le vel uf risk that lllay be caused by the proposed activity and an account of the measures envisaged to address any environmental emergencies that nmy result fro m the activity; (j) a descrip tion of the programme proposed for monitoring actual impacts and the effects of the mitigation measures at the various stages of the activity ; (k) the data and methods used to 0 btain the information in paragraph (e) , 11. (1) The Authority may, on an application by a person to Transfer of Certificate. whom a Certificate has been issued , transfer the Certificate, (2) The Authority shall not approve an application under subrule (1) unless the application is in respect of the designated activity to which the Certificate applies, (3) An application for a transfer shall be in accordance with th e. form as c1 e..f e.. rmine.n hy th e Auth nrity ann <hall he.. submitted to the Authority together with the prescribed fee, (4) An application for a transfer shall contain (a) the name and address 01 the transferee: and (b) the signatures of the transferee and the applicant. (5) An application for a transfer shall be accompanied by the Certificate which is to be transferred, L.RD , 1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 74 Chap. 35:05 Environmental Management [Subsidiary] Certif icate' of Eavira runcrua l Clearance' Rule's (6) Where the transferee is a company, an application for" transfer sha ll he. accompanie d hy a Certificate furnished hy the Registrar of Companies under section 486(1)(b) of the Ch. 81:01. Companies Act stating that the name of the company is on the Companies Register. (7) Where the Authority approves an application under subrule (1), the Authority shall (a ) endorse the Certificate submitted under subrule (5); (b) substitute the name of the applicant on the Certrh cate tor that ot the transteree; and (c ) date the application. (R) The. applirant sha ll he. dee.me.n to he. the. per,on 10 whom the Certificate applies from the date specified in subrule (7)(c) . UPDATED TO DECEMBER 31ST 2009