In a move that, at best, shows seriously poor public administration, the Environment Commission of Trinidad and Tobago has been effectively shut down, so there is no environment court at this time.
Justice is shut down until the Environment Commissioners (EC) are reappointed, or new Commissioners are appointed.
Although all of the terms of appointments for all of the EC expired on Thursday December 31st 2009, no new appointments have yet been announced and as of January 1st 2010, there has been no functioning environmental court in our country, while taxpayers continue to pay the budgeted 7.877 Million TTD per annum, $30,000.00 per working day.
One of the matters scheduled to be heard in the environment court on Wednesday January 6th 2010 involves the Head of the Quarry Association of Trinidad and Tobago vs. the EMA and FFOS. The quarry operator illegally engaged in major works on the once paved Cumaca Road and dumped millions of tons of debris into the Turere River, thus destroying one of the main suppliers of the North Oropuche Watershed Basin, a once protected and major feed station for the supply of safe drinking water for Arima/ Sangre Grande and environs.
Quarrying is seriously environmentally destructive and there used to be some mitigation measures required, such as that all top-soil was to be saved and re-spread on the denuded area after quarrying stopped at that site, thereby allowing some vegetation re-growth and in some small measure, reducing flooding.
That silt traps are built etc. The mitigation measures used to cost only a fraction of what the quarry operators earn from the quarry. Today there are no enforced regulations.
The largest quarry owners are also the largest road paving companies in this country. They receive billions worth of road paving contracts annually, and are alleged to be major contributors of campaign funding on all sides of the political spectrum. This PNM removed quarries from the Certificate of Environmental Clearance (CEC) Designated Activities Order in January 2009, so that quarries are now free to operate without EMA regulation.
Road works however, still need a CEC.
But now, the Environmental Commission, like the Integrity Commission, is in-operable. Better must be done considering the importance of the Judicial process in a democracy. Of course the President is the man who takes some of the blame, since the EM Act states at Sect 82 (2) that the chairman and deputy chairman of the Commission "shall be appointed by the President." But who appoints the other Commissioners? Where is the Minister of the Environment?
As an arm of the Judiciary, and with all of the incumbent remedies of the High Court, these appointments should be influenced by the Chief Justice, but are not. Is it not a conflict of interest that the appointment of the Environment Commission comes under the jurisdiction of the President and Minister of the Environment and not the Chief Justice?
Is it influenced, accidental or deliberate that the Environment Commission and its court has been left to languish by the failure to appoint the Environment Commissioners?
It is evident that our Prime Minister and Cabinet have no apparent interest in preserving our natural and sustainable water sheds so that billions can instead be made by privately owned energy guzzling and polluting desalination facilities while the environment is left neglected and our water tables are destroyed for all time?
What is to happen to the matters now before the environmental court? Such chaotic delay, where is the President, busy selecting his Carnival costume?
FFOS call on the President and Prime Minister to publicly discuss and find remedies to this crisis without further delay.
Why the silence? Have the positions been advertised? Have the appointments been reviewed or vetoed?
Have all candidates refused the post? Is the quarry lobby influencing this delay?
After all, a politically appointed Environment Court is still better than no Court at all.
One must wonder about 2020 vision if public office is serving private interests.
Sustainably yours,
Gary Aboud.
Secretary.
Terrence Beddoe,
President.
Fishermen and Friends of the Sea, FFOS.
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