CONFERENCE
CLIMATE CHANGE: CHALLENGES AND OPPORTUNITIES FOR TRINIDAD AND TOBAGO
Hosted by the Embassy of the FederalRepublic of Germany and the Delegation of theEuropean Commission
“The Legal Strengths and Challenges of a Climate Change Policy for Trinidad and Tobago”
Presenter: Her Honour Sandra Paul
Chairman
Environmental Commission of Trinidad and Tobago
National Library and Information Services
Cor. Hart and Abercromby Streets
Port of Spain
Trinidad
May 27th 2009
As you all know, we live in challenging times, particularly in regards to our climate. Climate change has been felt globally, from the melting of the ice caps in Antarctica, to drought in parts of Australia and Europe, and to rising sea levels that threaten small island states. Science tells us that the effects of climate change will only worsen, with the greatest impact on poor and developing countries, especially the small island states, like Trinidad and Tobago.
Yet, despite this ominous news, we do have hope. In the past, Trinidad and Tobago demonstrated its commitment to address climate change by signing and ratifying numerous international environmental conventions and treaties. It now reiterates that commitment by developing a Climate Change Policy, which will hopefully utilise an integrated approach, recognizing that climate change affects every aspect of our lives—access to water, food production, health and the environment.
As it works to achieve this integrated approach, Trinidad and Tobago will benefit from its existing strengths and must face the challenges of developing the necessary climate change policy and enforcing that policy.
Trinidad and Tobago has two existing strengths to bring to the task of creating an integrated climate change policy.
First, we already have strong intra-governmental policies in place, an important component to creating an integrated climate change policy. As noted in the Intergovernmental Panel on Climate Change Fourth Report, these policies are seldom applied in complete isolation, but in conjunction with other national policies. Trinidad and Tobago already has the capacity for this type of integrated effort. We have a National Environmental Policy, a Biodiversity Strategy and Action Plan, a National Action Programme to Combat Land Degradation, a National Wetland Policy, an Energy Policy, and a Social and Economic Policy Framework (Vision 20/20). Based on this if the proper legislation is put into place, developing an integrated climate change policy for Trinidad and Tobago would be relatively easy.
Second, Trinidad and Tobago can position itself as a leader in ensuring that environmental issues are fairly adjudicated. Our twin island Republic has the only environmental court in the region and one of the few in the world, the Environmental Commission
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However, to create a successful integrated climate change policy, Trinidad and Tobago must face the twin challenges of updating its environmental legislation and effectively enforcing that legislation.
Although Trinidad and Tobago has ratified international agreements and conventions regarding the environment, it has not yet incorporated many of these agreements and conventions into our national environmental policies and legislation. Fortunately, we already have a solid foundation for building that legal framework, the Environmental Management Act (EM Act). The EM Act established the Environmental Management Authority and in an effort to rationalise environmental legislation, has given rise to the draft Environmental Code.
The draft Environmental Code, particularly under Part II (Pollution and Hazardous Substances), urges the strengthening of existing legislation and developing new legislation.
The Code proposes to strengthen existing legislation concerning water, air, and hazardous substances.
Regarding water pollution, the Code recommends (1) repealing relevant sections of multiple acts and replacing them with the Water Pollution Rules, I am pleased to acknowledge that the Rules came into effect in 2006, and the Code also recommends the revision of other pieces of legislation, for example, the Summary Offences Act to impose stricter penalties for discharging noxious matter into streams or ponds.
Regarding air pollution, the Code recommends (1) repealing relevant sections of multiple acts and replacing them with the Air Pollution Rules to deal with emissions, and (2) updating the Motor Vehicle and Road Traffic Act to create Regulations on Vehicle Emissions Standards.
Regarding hazardous materials, the Code recommends amending the Pesticides and Toxic Chemicals Control Act to cover all biocides and fertilisers.
Finally, the Code recommends, amongst other things, the creation of new legislation, to control greenhouse gases.
To truly have an impact on climate change, these Code recommendations must be implemented. The Air Pollution Rules have been drafted and distributed for public comment, and should be affected in the near future. The Hazardous and Non-Hazardous Waste Rules are being drafted, the Beverage Containers Bill has been put on hold, and a Canadian model is being looked at. However, we anxiously awaiting the implementation of these pieces of legislation.
In addition to actively drafting new legislation to create a more integrated climate change policy, Trinidad and Tobago has a designated agency that can bring the spirit and the letter of the new legislation to life. Specifically, the EM Act created the Environmental Management Authority, the Authority has the power to establish regulatory standards, create incentives for the public to protect the environment, grant permits and licenses for safe use of resources. The EM Act has also instituted a clear judicial structure to address any complaints pertaining to the environment.
The EMA’s mandate to establish a regulatory regime is crucial for executing a climate change policy. The EMA can impose these regulatory standards, for example, under the Certificate of Environmental Clearance (CEC) Rules, Water Pollution and/or the Air Pollution Rules (when enacted).
The EMA also has the authority to implement appropriate incentive programmes that encourage the voluntary and safe use of effective environmental management systems. For example, the EMA can (1) establish and enforce a voluntary facility environmental audit programme, (2) operate deposit-refund systems for specified materials to increase the level of recycling, and (3) impose, with the Minister’s approval, pollution charges or user fees to encourage the public to protect the environment.
In addition to creating incentive programmes to engage the public voluntarily, the EMA also can regulate public interaction with the environment by restricting its use through for example, the designation of environmentally sensitive areas and environmentally sensitive species (s.43 EM Act) that permit the wise use of such area or species. It should be noted that these designations can be appealed to the Environmental Commission.
Finally, the EM Act provides a clear judicial process for resolving environmental disputes. As noted earlier, Trinidad and Tobago has the only environmental court in the region, and one of the few in the world. The process has three layers: the Environmental Commission, a superior court of record; the Court of Appeal; and the Privy Council, the final appellate court.
Having addressed the legislative challenges and ways to manage them, Trinidad and Tobago’s second great challenge is that of enforcing the new laws. Even if a country has enacted the soundest, fairest environmental laws possible, those laws have no power unless they are enforced. Klaus Topfer, Executive Director of the United Nations Environment Programme, echoed this sentiment in August 2002. The Director observed,
The field of law has, in many ways, been the poor relation in the world-wide effort to deliver a cleaner, healthier and ultimately fairer world. We have over 500 international and regional agreements, treaties and deals covering everything from the protection of the ozone layer to the conservation of the ocean and seas. Almost all, if not all, countries having environmental laws too. But unless these are complied with, unless enforced, then they are little more than symbols, tokens, paper tigers.
Trinidad and Tobago must ensure that its efforts to create meaningful environmental legislation are reinforced by consistent and fair enforcement of that legislation.
Thus, Trinidad and Tobago, with its existing strengths and its active drafting of environmental legislation, is well poised to overcome the challenges to executing a meaningful climate change policy. Indeed, by implementing the draft Environmental Code and within the context of the EMA’s current authority, Trinidad and Tobago can greatly reduce any legal constraints to an effective climate change policy. To optimally execute this climate change policy, what remains is to effectively enforce any enacted laws and programmes.
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Her Honour Sandra Paul Chairman, Environmental Commission of Trinidad and Tobago. May 27th 2009