The Honourable Camille Robinson-Regis, Minister of Planning and Development is stating for the information of the public that the the Environmental Management Authority (EMA) will carefully analyse the judgment handed down on November 27, 2017 by the Judicial Committee of the Privy Council in the matter of ‘Fishermen and Friends of the Sea (Apellant) v. The Minister of Planning, Housing and the Environment (Respondent)’ with the aim of making recommendations for the way forward. This matter stemmed from a High Court Decision made in favour of Fishermen and Friends of the Sea in October 2012; which the then Minister of Planning, Housing and the Environment took to the Court of Appeal and won in July 2015; leading the Fishermen and Friends of the Sea to appeal the matter to the Privy Council, with the Council ruling in their favour today.
The Honourable Camille Robinson-Regis would also like to add that in light of this matter stemming before 2012, this current administration will pursue the necessary actions to ensure that the best recommendations are implemented for the well being of the environment and the citizens of Trinidad and Tobago.
The matter relates to the Water Pollution Rules, 2001 (as amended). When the Rules were laid before Parliament, the Water Pollution (Fees) Regulations, 2001 prescribing the various fees payable for applying and for maintaining a water pollution permit were also laid. The Water Pollution (Fees) Regulations included a fixed annual permit fee and did not vary according to the type or amount of pollution permitted. When these fees were set it was the most appropriate model having regard to the state of economic development and the level of institutional development in the country at that time.
The Privy Council in its judgment noted “this is clearly not a case where it would be appropriate to quash the regulations, or to declare them invalid”. The Privy Council noted however, that the proper basis of the fee to be prescribed be reconsidered and to make amended regulations accordingly.
Amendments to the Water Pollution (Fees) 2001 Regulations willl have to be carefully re-evaluated to determine the most appropriate mechanism to ensure adherence to the judgment of the Judicial Committee of the Privy Council.