A CLOSER LOOK: The EMA and Certificates of Environmental Clearance (CECs)

Author: N. Gour for the Environmental Management Authority

The Environmental Management Authority (EMA), under the Environmental Management Act Chapter 35:05 (EM Act), is charged with the responsibility of maintaining the delicate balance between environmental management and development.?Specifically, to ensure that human activities are conducted in a regulated manner, subsidiary legislation has been enacted to regulate certain types of development.?

The Certificate of Environmental Clearance (CEC) process, is one mechanism used by the EMA to regulate development and mitigate environmental impacts. It is governed by the CEC Rules and the CEC (Designated Activities) Order (as amended).?

Before embarking on any new activity, modification/expansion of existing structures and processes, decommissioning or the abandonment of projects altogether, persons must consult these Rules, which clearly lists 44 Designated Activities, requiring a CEC. Some activities regulated by the CEC Rules include: agriculture, civil works, transportation and associated infrastructure, heavy and light manufacturing, natural resources and mineral extraction as well as waste handling and disposal.

Image: Coastal infrastructure, Manzanilla.

All developers are encouraged to submit CEC applications to the EMA during the planning phase of their project. Planning with the environment in mind not only benefits the environment but is profitable to the investor.?In addition to short-term benefits such as saving time, effort and money, environmentally responsible planning and development allows for?long-term benefits, such as the promotion of the concept of sustainable development - development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs.

It is also important to note that, Section 35 (2) of the EM Act, states, "No person shall proceed with any activity which the Minister has designated as requiring a Certificate unless such a person applies for and receives a Certificate from the Authority".?This is a mandatory requirement under the law.???Proceeding without a CEC is a breach of an environmental requirement under the EM Act, resulting in fines and/or the conduct of remediation works, to mitigate negative impacts related to the project.

Image: Red sand mining, Cumuto.

Applications requiring express planning permission must be submitted via the DevelopTT Platform to the Automated Construction Permitting System (ACPS).?Other applications may be submitted directly to the EMA [Refer to EMA’s website for further guidance]. Once submitted, each CEC application is assessed according to the nature, scale and location of the proposed project, to determine the significance of the potential impacts on the receiving environment.?For example, an application for a port will require different considerations when compared to a farm.

There are various assessment tools that are used within the process, such as an Environmental Impact Assessment (EIA), which is required if a project is likely to cause significant adverse environmental impacts.?Once all information is submitted, assessed and deemed to be adequate, a determination is made. Determinations include the issuance of a CEC, Notice of Refusal (NoR) or No CEC required.?If a CEC is issued, conditions are included to guide the implementation of the project.?These conditions, ensure that the work is conducted in a manner that minimises any negative impacts to the environment, including sensitive receptors. The project is then monitored by the EMA to ensure adherence to stipulated conditions.

The CEC process is a transparent, accountable and facilitative one. There are several avenues for developers to interact with the EMA to obtain more detailed information on the requirement to obtain a CEC.?These include obtaining information from the EMA’s website (www.ema.co.tt ), National Register of CEC Applications, liaising with the staff at the EMA’s Information Centre located at #8 Elizabeth Street, St. Clair, Port-of-Spain, ([email protected] ) or scheduling pre-application meetings with technical staff to discuss a specific project ([email protected] ).