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ENVIRONMENTALLY SENSITIVE AREAS RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
3. Standards and guidelines for designation of environmentally
sensitive areas.
4. Form and contents of Notice.
5. Procedures for designating an environmentally sensitive area.
6. Rescission of designation of environmentally sensitive area.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
SCHEDULE IV.
SCHEDULE V.
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ENVIRONMENTALLY SENSITIVE AREAS RULES 64/2001.
made under sections 26(e) and 41
1. These Rules may be cited as the Environmentally Sensitive Citation.
Areas Rules.
2. In these Rules— Interpretation.
“Act” means the Environmental Management Act;
“Authority” means the Environmental Management Authority
established under section 6 of the Act;
“biological diversity” means the variability among living
organisms from all sources including, inter alia, terrestrial,
marine and other aquatic ecosystems and the ecological
complexes of which they are part; this includes diversity
within species, between species and between ecosystems;
“ecosystem” means a dynamic complex of plant, animal and
micro-organism communities and their non-living
environment interacting as a functional unit;
“environmentally sensitive species” or “ESS” means any species
of living plant or animal so designated under section 41 of
the Act;
“ESA” means a portion of the environment designated as an
environmentally sensitive area under section 41 of the Act;
“licensed surveyor” means a person registered as a Land Surveyor
under the Land Surveyors Act; Ch. 58:04.
“Notice” means a Notice designating an ESA made under
section 41 of the Act.
3. (1) Subject to subrule (2), the Authority may by Notice Standards and
guidelines for
designate as an ESA any portion of the environment that is— designation of
environmentally
(a) the actual or prospective habitat of any sensitive areas.
environmentally sensitive species;
(b) required to be protected for the purpose of
meeting the Government’s international
obligations under any of the International
Conventions referred to in Schedule I; Schedule I.
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(c) an area to which any of the Guidelines set out in
Schedule II. Schedule II applies;
(d) an area that is referred to in a written law set out
Schedule III. in Schedule III.
(2) The Authority shall designate an ESA on the basis
of the best scientific data available and after taking into
consideration the economic impact and any other relevant impact
of the designation.
Form and 4. (1) A Notice shall be in the form set out in Schedule IV
contents of
Notice. and shall include—
Schedule IV.
(a) a description of the area with reference to its
location, boundaries and size, and a map or plan
certified by a licensed surveyor;
(b) the reason for the designation as set out in
Schedule II. rule 3(1) or in paragraph 1 of Schedule II;
(c) the limitations on use of and the activities within
the ESA that are permitted or prohibited; and
(d) the appropriate mitigation measures which should
be undertaken.
(2) Where there is a discrepancy between the description
of the area and the licensed surveyor’s map or plan, the latter
shall prevail.
Procedures for 5. (1) Where the Authority proposes to make a Notice,
designating an
environmentally it shall notify that fact, and transmit a draft of the proposed
sensitive area.
Notice to—
(a) the government entities having responsibility for
land, the continental shelf, forestry, conservation
of wildlife and fisheries; and
(b) any other government entity having responsibility
for planning and management in the proposed
ESA.
(2) The notification shall invite written submissions
with respect to the proposed Notice to be made to the Authority
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by a stated date, being not less than thirty days from the giving of
the notification.
(3) The Authority may revise the proposed Notice to give
effect to the submissions received under subrule (2).
(4) The Authority shall thereafter publish in the Gazette
and at least one daily newspaper a similar notification inviting
submissions from the public, with respect to the proposed Notice
as may be revised.
(5) A submission shall contain the grounds therefor and
may include additions, modifications or amendments to give effect
to the submission.
(6) The Authority shall have regard to any submissions
received under subrule (4) before making the Notice and publishing
it in the Gazette.
6. (1) Where the provisions of rule 3(1) cease to apply to Rescission of
designation of
an ESA the Authority may by Notice rescind the designation of environmentally
sensitive area.
the ESA.
(2) The Notice shall be in the form set out in Schedule V Schedule V.
and shall include—
(a) the information contained in rule 4 (1)(a); and
(b) the reason for the rescission of the designation.
(3) The procedures as set out under rule 5 for the
designation of an ESA shall, where appropriate, apply for
the making of a Notice under this rule for the rescission of
that designation.
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Rule 3(1)(b). SCHEDULE I
INTERNATIONAL CONVENTIONS
(i) The Convention for the Protection of Development of Marine Environment
of the Wider Caribbean Region which entered into force in Trinidad and
Tobago on October 11, 1986 (the CARTAGENA Convention).
(ii) The Protocol concerning Specially Protected Areas and Wildlife to the
Convention for the Protection and Development of the Marine Environment
of the Water Caribbean Region which entered into force in Trinidad and
Tobago on January 18, 1990 (the SPAW Protocol).
(iii) The Convention on Wetlands (the Ramsar Convention, Iran 1971) which
entered into force in Trinidad and Tobago on April 21, 1993.
(iv) The United Nations Framework Convention on Climate Change which
entered into force in Trinidad and Tobago on September 22, 1994.
(v) The United Nations Convention on Biological Diversity which entered into
force in Trinidad and Tobago on August 01, 1996.
(vi) Any other international legal convention relating to the environment to
which Trinidad and Tobago is a party.
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SCHEDULE II Rule 3(1)(c).
GUIDELINES FOR ENVIRONMENTALLY
SENSITIVE AREAS
1. The designation of an area, as “environmentally sensitive” is to meet
one or more of three categories of general objectives:
(a) conservation of natural resources and protection of the
environment;
(b) Sustainable economic and human development;
(c) Logistic support such as environmental education, and
information sharing.
2. The specific objectives are:
(a) Appreciation of the broader ecological aspects of an area for
its intrinsic values and functions as well as for its potential for
direct material benefits.
(b) Maintenance of the significance of an area in the national,
regional or international context.
(c) Preservation of the biological diversity of the area.
(d) Preservation of the integrity of an area and its attributes with
the aim of sustaining its potential for direct material benefits.
(e) Maintenance of its role in the functioning of the wider
ecosystem.
(f) Protection, preservation, management or rehabilitation of an
area that is fragile, threatened or degraded.
(g) Regulation of the use of the natural resources contained within
the area.
(h) Maintenance of the cultural values of an area which are
associated with preserving the integrity of the environment.
(i) Maintenance of a stock of genetic resources in viable
populations.
(j) Facilitation of relevant scientific research or environmental
monitoring to improve understanding of interactions between
biotic and abiotic components of the environment, the
processes involved and the attributes and potential of the area’s
resources.
(k) Dissemination of relevant information to stakeholders and the
public at large.
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3. Areas will be selected on the basis of one or more of the following
general or specific criteria:
A. General
(a) Uniqueness, rarity or important biological features.
(b) Good representation of a naturally-occurring ecological system
or type.
(c) Particularly good representative of an ecosystem characteristic
of one, or common to more than one biogeographical region.
(d) Rare or unusual habitat, ecosystem, or community attributes
in a biogeographical region.
(e) Critical importance to the survival or recovery of endangered,
endemic or vulnerable species/communities of plants
or animals.
(f) An appreciable or significant assemblage of endangered, or
threatened species of plants or animals.
(g) Special value as a habitat for plants or animals at a critical
stage of their biological cycle.
(h) Provision of appreciable social recreational or economic
benefit to local communities or to wider areas.
(i) Forest, purely conservation purposes.
(j) Unique geological features.
(k) High in aesthetic value.
(l) Regarded by the scientific community as having significant
value for non-destructive research.
(m) Potential for fostering environmental awareness, appreciation
or education.
(n) Performing an integral role in the functioning of the wider
ecosystem.
(o) Representative example of all coastal and marine ecosystems.
(p) Representative example of all wetland types.
B. Specific
(a) Strict Nature Reserve: an area requiring protection for science
that possesses some outstanding or representative ecosystems,
geological or physiological features and/or species, available
primarily for scientific research and/or environmental
monitoring.
(b) National Park: an area requiring: (i) the protection of the
ecological integrity of one or more ecosystems for present and
future generations, (ii) the exclusion of exploitation or
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occupation inimical to the purposes of designation of the area,
and (iii) the provision of a foundation for spiritual, scientific,
educational, recreational and visitor opportunities, all of which
are environmentally and culturally compatible.
(c) Natural Monument: an area containing one, or more, specific
natural or natural/cultural features of outstanding or unique
value that require conservation because of inherent rarity,
representative or aesthetic qualities or cultural significance.
(d) Habitat/Species Management Area: an area requiring
conservation through management intervention to ensure the
maintenance of habitats and/or to meet the requirements of
specific species.
(e) Protected Landscape/Seascape: an area, that may contain
coast and sea requiring protection for conservation and
recreation, where the interaction of people and nature over
time has produced an area of distinct character with significant
aesthetic, ecological and/or cultural value, and often with high
biological diversity.
(f) Managed Resource Protected Area: an area containing
predominantly unmodified natural systems, that require
sustainable use and management to ensure long-term protection
and maintenance of biological diversity, while providing at
the same time a sustainable flow of natural products and
services to meet community needs.
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Rule 3(1)(d). SCHEDULE III
AREAS REFERRED TO IN OTHER WRITTEN LAWS
(a) The territorial sea of Trinidad and Tobago and the internal waters of Trinidad
Ch. 1:51. and Tobago referred to in sections 3 and 4 respectively of the Territorial
Sea Act.
Ch. 1:52. (b) A restricted area referred to in section 2 of the Continental Shelf Act.
Ch. 37:02. (c) A restricted area referred to in section 2 of the Marine Areas (Preservation
and Enhancement) Act.
(d) A Forest Reserve and a prohibited area referred to in section 2, and a declared
Ch. 66:01. district referred to in section 7 (3), of the Forests Act.
(e) A Game Sanctuary referred to in section 2 of the Conservation of
Ch. 67:01. Wildlife Act.
(f) An infected area and an infected place referred to in section 2 of the Animal
Ch. 67:02. (Diseases and Importation) Act.
Ch. 67:51. (g) A prohibited area referred to in section 2 of the Fisheries Act.
(h) The archipelagic waters referred to in section 2, and the exclusive economic
Ch. 51:06. zone established under section 14, of the Archipelagic Waters and Exclusive
Zones Act.
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SCHEDULE IV Rule 4.
THE ENVIRONMENTAL MANAGEMENT ACT
NOTICE
MADE BY THE ENVIRONMENTAL MANAGEMENT AUTHORITY UNDER
SECTIONS 41, 42 AND 43 OF THE ENVIRONMENTAL
MANAGEMENT ACT
1. The Environmental Management Authority, hereby designates as an Designation.
environmentally sensitive area (the ESA) the portion of the environment
described in Part I. Part I.
2. The reason for the designation is to meet the objective set out in Reason for
Part II. designation.
Part II.
3. The limitations on use of and activities within the ESA with which Limitations.
Part III.
compliance is required are as specified in Part III.
4. Subject to paragraph 3 the wise use of the ESA is permitted and the Permitted use
and mitigating
mitigating measures to be undertaken are as specified in Part IV. measures.
Part IV.
Part I
Part II
Part III
Part IV
Made the day of
Chairman/Deputy Chairman/Secretary,
Environmental Management Authority
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Rule 6(2). SCHEDULE V
THE ENVIRONMENTAL MANAGEMENT ACT
NOTICE
MADE BY THE ENVIRONMENTAL MANAGEMENT AUTHORITY UNDER
SECTION 41 OF THE ENVIRONMENTAL MANAGEMENT ACT
Rescission of 1. The Environmental Management Authority hereby rescinds the
designation. designation of the plant/animal described in Part I as an environmentally sensitive
Part I.
area (the ESA) made by Notice dated ................................ and published in the
Gazette of ......................
Reason for 2. The reason for the rescission of the designation is that the objective
rescission.
Part II. set out in Part II has ceased to apply to the said ESA.
Revocation. 3. Legal Notice No. ................ of .............. 20........ is hereby revoked.
Part I
Part II
Made the ................. day of ...................... , 20.......
Chairman/Deputy Chairman/Secretary,
Environmental Management Authority
