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THE ENVIRONMENTAL COMMISSION OF TRINIDAD AND TOBAGO

THE ENVIRONMENTAL COMMISSION OF TRINIDAD AND TOBAGO. A SUPERIOR COURT OF RECORD OUTREACH: A PUBLIC EDUCATION PRODUCTION Prepared by: Her Honour Sandra Paul, Chairman, Environmental Commission of Trinidad and Tobago. VISION STATEMENT OF THE ENVIRONMENTAL COMMISSION.

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THE ENVIRONMENTAL COMMISSION OF TRINIDAD AND TOBAGO

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  1. THE ENVIRONMENTALCOMMISSIONOF TRINIDAD AND TOBAGO A SUPERIOR COURT OF RECORD OUTREACH: A PUBLIC EDUCATION PRODUCTION Prepared by: Her Honour Sandra Paul, Chairman, Environmental Commission of Trinidad and Tobago

  2. VISION STATEMENT OF THE ENVIRONMENTAL COMMISSION The Environmental Commission, a superior court of record, will be a court characterised by excellence, which strives to attain justice through the rule of law. The Commission will be the premier environmental court in the region setting the trend in environmental decision-making and the utilisation of case management methodology and court and information technology. H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  3. GUIDING PRINCIPLES The Vision Statement of the Environmental Commission is premised on the following principles: • Provide equal access to a fair and effective system of justice to all members of society. • Offer alternative dispute resolution processes while preserving the right of parties to a hearing before the Commission. • Provide quality service that continuously improves, that meets and exceeds the needs of public expectations, and ensure that all persons appearing before the Commission are treated with courtesy, respect, and dignity. H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  4. cont’d: GUIDING PRINCIPLES • Maintain the independence of the Commission while strengthening relations with the public, the bar, the legislature and the executive. • Enhance the potential of every person at the Commission to contribute to the administration of justice through participation, training and technology. • Earn the respect and confidence of an informed public. H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  5. MISSION STATEMENT OF THE ENVIRONMENTAL COMMISSION The Environmental Commission shall, in a fair, accessible, effective, and efficient manner, resolve environmental disputes arising under the law and shall interpret and apply the law consistently, impartially, and independently to protect the rights of citizens while being cognizant of the need for the balancing of economic growth with environmentally sound practices. H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  6. GUIDING PRINCIPLES Consistent with its Mission Statement, the Environmental Commission shall be guided by the following principles: • To make decisions in the best interests of the public. • To conduct the Commission’s business based on an underlying commitment to equal and timely justice while providing public access to an independent forum for the resolution of disputes. • To advocate for policies and resources that are necessary for the Commission to fulfill its Mission. H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  7. cont’d: GUIDING PRINCIPLES • To ensure the continued development of an accessible Commission through planning, research, and evaluation programmes, and through the use of modern management approaches and technological developments. • To provide leadership in the administration of justice at the Commission by establishing broad and consistent policies for the operation of the Commission and appropriate rules and forms. H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  8. cont’d: GUIDING PRINCIPLES • To promote a competent responsive and ethical Commission and staff through a comprehensive program of judicial education and training of Commission staff. • To contribute to the public’s understanding of the judicial process at the Commission through a continuing programme of public education. H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  9. STATEMENT OF THE CORE VALUES OF THE ENVIRONMENTAL COMMISSION Required to accomplish our Mission are four paramount values representing the core of what the Commission stands for as an institution: • Independence • Integrity • Fairness • Quality Service H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  10. THE ENVIRONMENTAL COMMISSION AND ITS MEMBERS • Established by an Act of Parliament: The Environmental Management Act, 2000 • Arm’s length, independent and impartial • Members appointed by the President of the Republic of Trinidad and Tobago • Members have diverse backgrounds H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  11. THE ROLE OF THE ENVIRONMENTAL COMMISSION • Efficiently and effectively resolve environmental issues through: -Alternative Dispute Resolution (Mediation) -Public hearings -Decisions H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  12. cont’d: THE ROLE OF THE ENVIRONMENTAL COMMISSION • Provide excellent customer service through: -Expeditious resolution of matters -Public Education H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  13. TYPES OF HEARINGS APPLICATIONS • Environmental Management Act, 2000 COMPLAINTS • Environmental Management Act APPEALS • Environmental Management Act • Certificate of Environmental Clearance Rules, 2001 • Noise Pollution Control Rules, 2001 H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  14. APPLICATIONS UNDER THE ENVIRONMENTAL MANAGEMENT ACT • Applications for deferment of decisions made by the Environmental Management Authority with respect to emergency response activities • Applications for deferment of decisions by the Environmental Management Authority to designate a defined portion of the environment as an environmentally sensitive area or any species of living plant or animal as an environmentally sensitive species H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  15. cont’d: APPLICATIONS UNDER THE ENVIRONMENTAL MANAGEMENT ACT • Applications by the Environmental Management Authority for the enforcement of any Consent Order or any final Administrative Order H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  16. COMPLAINTS UNDER THE ENVIRONMENTAL MANAGEMENT ACT • An individual or group of individuals expressing a general or a specific concern with respect to a claimed violation can bring a complaint ( a Direct Private Party Action) under the Act H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  17. APPEALS UNDER THE ENVIRONMENTAL MANAGEMENT ACT • An appeal against a decision of the Environmental Management Authority (E.M.A.) to designate an environmentally sensitive species or an environmentally sensitive area • An appeal where the E.M.A. has failed to comply with the requirement for public participation • An appeal from a decision by the E.M.A. to refuse to issue a certificate of environmental clearance or to grant such a certificate with conditions H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  18. cont’d: APPEALS UNDER THE ENVIRONMENTAL MANAGEMENT ACT • Appeals from any determination by the E.M.A. to disclose information or materials claimed as a trade secret or confidential business information H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  19. APPEALS UNDER THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE RULES • An appeal against a decision by the E.M.A. to reject a claim under the Rules that information supplied in an application is a trade secret or confidential business information and should be excluded from the National Register of Certificates of Environmental Clearance H. H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  20. APPEALS UNDER THE NOISE POLLUTION CONTROL RULES • An appeal against a decision of the E.M.A. under the Rules to : -Refuse to grant a variation -Refuse to transfer a variation -Refuse to renew a variation -Revoke a variation -Impose any conditions of a variation -Reject a claim that information supplied in an application is a trade secret or confidential business information and should be excluded from the Noise Variation Register H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  21. MEDIATION • Conducted at any time • Members and staff are trained and experienced • Confidential and without prejudice H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  22. THE HEARING PROCESS • Governed by the procedures provided by: -The enabling legislation( the Environmental Management Act, 2000) -The Environmental Commission’s Rules of Practice and Procedure -The Chairman/ Deputy Chairman presiding at the hearing H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  23. cont’d: THE HEARING PROCESS • Usual steps in the hearing process: -The Commission fixes date of hearing -Preliminary hearing -The hearing H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  24. PUBLIC INFORMATION SESSIONS • Conducted by Members of the Environmental Commission • Information about the hearing process • Information about how to file appeals/ applications/ complaints H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  25. THE ENVIRONMENTAL COMMISSION’S DECISIONS • Decisions on Appeals -Dismiss -Allow and modify decision or action of the E.M.A. -Allow and refer the decision or action to the E.M.A. for reconsideration H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  26. cont’d: THE ENVIRONMENTAL COMMISSION’S DECISIONS • Decisions on Applications -Dismiss -Allow and make an Order for deferment of the decision or designation H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  27. cont’d: THE ENVIRONMENTAL COMMISSION’S DECISIONS • Decisions in Civil Actions: -Dismiss -Allow and issue an Order as if the E.M.A. had taken action under sections 64-67 of the E.M. Act, 2000 -Allow it and refer the decision or action back to the E.M.A. for reconsideration H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  28. POWER TO AWARD COSTS • Participation may involve certain “costs” such as: -Fees -Travel/accommodation expenses -Disbursements H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

  29. FOR FURTHER INFORMATION….. The Environmental Commission of Trinidad and Tobago E.F. “Telly” Paul Building Cor. New & St Vincent Streets Port of Spain Trinidad West Indies Tel: (868) 625-7353; 627-3432/9186 Fax: (868) 627-0871 Email : environcommission@tstt.net.tt Website: www.environmentalcommission.org H.H. Sandra Paul, Chairman, Environmental Commission 2/12/04

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