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An Appraisal of

Environmental Management in

Trinidad and

Luke Paddington Department ofGeography McGill University, Montreal August 1999

A thesis submitted to the Faculty ofGraduate stlldies and Research in partial fulfillment ofthe requirements ofthe degree ofMaster ofArts

© Luke Paddington 1999

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0-612-64178-3

Canadl TABLE OF CONTENTS

LIST OF FIGURES üi

LIST OF TABLES üi

ACKNOWLEDG~S iv

ABSTRACTS v

LIST OF ACRONYMS ...... vi

Chapter 1: INTRODUCTION...... 1

1.1) The Theoretical Problem, and Tobago 3 1.2) Aim 5 1.3) Objectives 6 1.4) Outline .. 6

Chapter 2: 8

2.. 1) A BriefHistory ofDevelopment 16 2.2) The Challenge and the Statement ofthe Problem 19

Chapter 3: LITERATURE REVIEW 21

3.1) Review ofEM and ElA Theory 21 3.2) EM and ElA in the Developing Worl~ sms, and Trinidad and Tobago 25 3.3) Strategies ofenvironmentai management in Trinidad and Tobago 27

Chapter 4: METHODS ...... 30

4.1) Determining il>Ideal" Policy and Practice 30 4.2) Determining the Current Status ofEnvironmental Management in T &. T 31 4.3.1) Data Collection: Literature Search 32 4.3.2) Data Collection: Interviews 32 4.4) The Analysis ofthe Research: RecommendatioDS 35 4.5) Limitations to the Research 36 ü

Chapter 5: DETERMING IDEAL POLICY AND PRAcnCES: CRITICAL AREAS OF CONCERN' 37

5.2) Definition ofthe Nine Criteria for Trinidad and Tobago 39 5.2.1) ElA Composition 39 5.2.2) Timing 42 5.2.3) The Conceptual Framework 44 5.2.4) Public Invoivement 46 5.2.5) The Legislative and Institutional Framework 49 5.2.6) Trigger 52 5.2.7) Scoping ...... 55 5.2.8) Monitoring 57 5.2.9) Role in Decision-Making 59

Chapter6: DETERMINING THE CURENT STATE OF ENVIRONMENT MANAGEMENT IN TRINIDAD AND TOBAGO 61

6.1) Environmental Management in Trinidad and Tobago 64 6.2) The Case Study 70

Chapter 7: THE CHAGUARAMAS CASE STUDY 77

7.1 ) The Geography ...... 72 7.2) History and Development 74 7.3) Yachring Boom ...... 77 7.4) The Environmental Implications 81 7.5) Environmental Management ofthe Impacts ofMarina Developments 83 7.6) Outlook ofEnvironmental Impacts ofMarina Development in Chaguaramas ...... 94

Chapter 8: ENVIRONMENTAL MANAGEMENT AND ElA: A DISCUSSION AND THE ALTERNATIVES 98

8.1) The Existing Procedures and Recommendations for Trinidad and Tobago 98 8.2) A Summary 121 8.3) The Need for Further Research 122

References ...... 123

( \ üi

UST OF FIGURES

Figure 1: The Antillische Eilanden 1

Figure 2: Outline ...... 7

Figure 3: Venezuela cum parte Australi ...... 8

Figure 4: Location Map ofTrinidad and Tobago 9

Figure 5: Trinidad and Tobago 10

Figure 6: Isohyetal Map ofMean Annual Rainfall Record Period (1939-1968) 12

Figure 7: Salinity Variations in Trinidad and Tobago 14

Figure 8: Trinidad in the Early 1850s 17

Figure 9: Map ofPeninsula and Off-Shore Islands 74

Figure 10: Photograph ofCrews Inn Marina 76

Figure Il: Sketch Map showing the location ofthe marinas 77

Figure 12: Yacht Population in Trinidad and Tobago 1997-98 78

Figure 13: Photograph ofWelcome Bay, Chaguaramas 94

Figure 14: Photograph ofScotland Bay 96

Figure 15: Photograph ofChacacbacare Island 97

Figure 16: Aerial Photograph ofthe Marinas in Chaguaramas 97

UST OF TABLES

Table 1: Persans Interviewed 33

Table 2: The Nine Criteria 38

/ '. Table 3: Summary ofResults and Analysis 118 iv

ACKNOWLEDGMENTS

1wish te thank everyone who aided in the conception and production ofthis

work. Thanks go to Professor Thom Meredith for bis constant support and guidance, to

Professor David Brown for unrestricted access to bis üterature collection and for bis time

and welcomed advice. Thanks ta Professor Jeanne Wolfe and Barbara Jenkins for their

valuable comments on the entire document and to Natalie Hoitz, my friend and academic

peer who helped in tidying up the final manuscript AIso, thanks ta McGill University

and the Department ofGeography forproviding me with the opportunity, resources, and

facilities needed to undertake this project.

Finally, special thanks go to my parents for their valuable correspondence and

proofreading overseas, and to my grandfather, Colin, for bis motivation and ever-loyal

help in regularly collecting and mailing newspaper articles and in proofreading the final

version. Extended gratitude to my entire family for their patience and encouragement in

heiping me ta take one day at a time, taelde the work as l do in the pool, and to realise the

accomplishment ofthe thesis' completion.

( l 1 v

ABSTRACT

Recent developments in environmental management (EM) in Trinidad and

Tobago have produced severa! umbrella legislation and institutional reforms. Sïnce their

enactment in 1995, there are still questions about their efficacy and key issues ofthese

are examined. A multi-variant, cross-comparison approach relates the new and existing

EM strategies to recommended guidelines found in the literature and collected fram local

opinion. Environmentallmpact Assessment (ElA) is used in tandem with EM, as it is the

main tool ofEM in Trinidad and Tobago. A case study ofElA application is used to

assess the effectiveness ofEIA and EM in Trinidad and Tobago. Recommendations for

reform are macle based on the analysis and the case study.

RÉsUMÉ

De récents progrès dans la gestion environnementale (GE) à la Trinité-et-Tobago

ont donné lieu à plusieurs lois protectrices et à une réfonne institutionnelle. Depuis leur

promulgation en 1995, leur efficacité soit encore discutable et les débats fondamentaux

sur ces lois et réforme sont étudiés. Une comparaison entre les différentes variables

permet d'établir un lien entre les nouvelles stratégies de GE et celles déjà existantes et les

recommendations théoriques en plus de celles recueillies auprès des habitants.

L'évaluation de l'impact environnemental (ÉIE) travaille de paire avec la GE puisqu'il

est son outil principal àla Trinité-et-Tobago. Ici, une étude de cas de la mise en pratique

de l'ÉIE mesure ['efficacité de l'ÉIE et la GE à la Trinité-et-Tobago. Les

recommandations pour une réforme s'appuient sur l'analyse et l'étude de cas.

(\ vi

UST OF ACRONYMS

CDA Chaguaramas Development Authority

CDB Canèbean Development Bank

ONEP Draft National Environmental Poliey

ElA Environmental Impact Assessment

EIS Environmentallmpact Statement

EMA Environmental Management Act

EPAS Environmental Protection and Assessment Services

FAO Federal Agrieultural Organisation

FOEI Friends ofthe Earth International

GIS Geographie Information Systems

GOTT Govemment ofTrinidad and Tobago

IDB International Development Bank

IMA Institute ofMarine Affairs

ITCZ Intertropical Convergence Zone

LDC Lesser Developed Countries

LEEC London Environmental Economies Centre

MABNET Man and the Biosphere Network

NeSD National Council on Sustainable Development

NEAP National Environmental Action Plan

NEIS National Environmental Information Service

NEMP National Environmental Management Plan

NGO Non-Governmental Organisation vii

Nsns National Sustainable Development Strategy

REAL Rapid Environmental Assessment Limited

SCAPE Society for the Conservation, Appreciation and Protection ofthe Environment sms Small Island Developing States

TIDCO Tourism and Industrial Development Company

TCPD Town and Country Planning Division

TOR Tenns ofReference

TIYA Trinidad and Tobago Yachting Association

UN United Nations

UNEP UnitedN~onsEnmonmenwPro~e

UNHABITAT UN Conference on the Human Environment

USIS United States Information Service

UWI University ofthe West Indies

WASA Water and Sewage Authority

WCEn World Commission on Environment and Development

WQC Water Quality Criteria

YSATI Yachting Services Association ofTrinidad and Tobago Chapter 1: INTRODUcnON

It wu a place ofligbt witb luminous valleys

onder tbunderous clouds. A Genoan wanderer saying the beads ofthe Antilles named the place for a blinded saint. Later~ others would name her

for a wild wife. Rer Mountains tinlde with springs among moss-bearded forests, and the screeching ofbirds stitches its tapestry. The white egret rings

stalking its pools. Afiican tishermen malte boards nom trees as tall as their gods witb tbeir ecboing axes, and a volcano, stinking with sulphur,

bas made it ahealing place. (Walco~ 1990~ p. 286-7).

Figure 1

The Antillische Ei/anden de Lucayshe en Carabesche 1683. Door N Sanson d'Abbovilla 2 Until recentIy, the islands ofthe Caribbean were thought of as tropical paradise locations with pristine marine and terrestrial ecosystems. There is now a major strain on these ecosystems. An environmental "defieit" is evolving on the islands through an increased demand on the local ecologieal resources. Rising population pressures~ increasing development for touri~ and expanding industrial and commercial activity ail take a toll. The greater the pace of development, the greater is the strain on environmental resources ofthe Caribbean.

Environmental strain creates a need for each island ta devise appropriate and efficient management strategies ta proteet its resource base. In Many islands, national economic development policies are the main instruments that shape the increases in development and thereby shape the processes that lead to environmental degradation.

National govemments need to adopt policies that will protect environmental resources, without stalling healthy economic development

Environmental Impact Assessment (ElA) is a tool that permits an evaluation of true costs of new projeets and developments. ElA is an essential element of environmental management potiey in many Canobean countries, including Trinidad and

Tobago. The largest of the Lesser Antillean nations, Trinidad and Tobago, presents a valuable opportunity to study the role that EIA can play in managing the impacts of human aetivity and in meeting goals ofsustainable development

The purpose of this thesis is ta examine critically the application of ElA in

Trinidad and Tobago. It does 50 by assessing the organisation and application of ElA according ta nine key criteria drawn from the literature. It then makes recommendations for changes to the process. 3 1.1) The Theoretical Problem, Trinidad and Tobago

Sustainable development is defined in the Bruntland Report, "Our Common

Future", by the 1987 World Commission on Environment and Development (WCED), as:

Development that meets the needs of the present without compromising the ability offuture generations ta meet their own needs (WCED, 1987).

Sustainability aims to reconcile economic development and environmental protection. There is a gulf in Trinidad and Tobago between 'the developers' and "the environmentalists.' The latter sees the former as the root cause of environmental degradation. Attempting ta bridge this gulf are the strategies and goals for sustainable development that have been suggested and devel0Ped by the WCED, by other commissions and by numerous autholS.

The primary goal of the WCED strategy is to integrate economic and environmental considerations in decision..m.aking. It targets the sources of pollution and environmental degradation that are related in policy, rather than utilising reactive measures that effeet "end-of-pipe regulations" (VanderZwaag, 1993, p. 83). The WCED strategy can he interpreted as being a mediating tool that includes economic, human,

environmental and technological dimensions (Lawrence, 1997).

Trinidad and Tobago is yet to attain success in the strategies and goals for

sustainable development. Economie analysts familiar with Trinidad and Tobago insist

that achievement of economic development is a prerequisite for the attainment of

sustainable development, but the reality ofthe Caribbean, on the "Economie Periphery of

the World Capitalist Economy," is that economic development opportunities are limited 4 (pantin, 1992). Full or near full employment and socially acceptable wages and quality of life need to be realized for economic development before it is possible to generate widc interest in the concepts of sustainability (pantin, 1992). In fact, Barbier and

Markandya (1988) of the London Environmental Economies Centre (LEEC) developed an economic model for Lesser Developed Countries (LDCs) and added to Pantin's remarIes by concluding that:

A low initial level of environmental quality forces resource users ta discount the future heavily ... POor people faced with marginal environmental conditions have no choice but te opt for immediate benefits at the expense orthe longeron sustainability oftheir livelihoods (p. 13).

Govemment, environmentalists, and the private and public sector must correctly recognise and accept rea1istic environmental goals that are appropriate to the stage of economic development ofTrinidad and Tobago. Successfully adapting these goals is a step towards settling the conflict ofeconomic development and environmental protection.

Sustainability bas been noticeable in the national environmental PQlicies or related govemment initiatives and it bas been a key issue with environmentalists in Trinidad and

Tobago for the last twenty years (Laird, 1977), although the first environmental act was only recentiy approved (GOTI, 1995). There are questions about the extent to which the

1995 &Ct addresses these issues while still acknowledging the economic and cultural life of Trinidad and Tobago. Unless environmentaI, economic and social aspects are harmonized, efforts to apply the tindings ofthe BnmtIand Report will be futile and the degradation ofthe environment will continue. 5 1.2) Aim

"This is how, one sunrise, we cut down them canoes." Philoetete smiles for the tourists, who try taking bis soul with their cameras. "Once wind bring the news

to the laurier-candIes, their leaves start shaking the minute the axe ofthe sunlight hit the cedars, beeause they could see the axes in their own eyes.

Wind lift the fems. They sound like the sea that feeels us fishermen ail our life, and fems nodded ~yes.

the trees have ta clic. t So, fists jam in our jacket,

cause the heights was cold and our breath making feathers like the mist, we pass the rom. When it came back, it give us the spirit to tum into murderers.

1lift up the axe and pray for strength in my bands to wound the tirst cedar. Dew was tilling in my eyes, but 1tire one more white rum. Then we advance." (Walcott, 1990, p. 3)

The conflict between economie growth and environmental protection arises from the lack of recognition that the man-made environment and the natura! environment are interdependent. Once mankind (Walcon's Philoetete) loses sight of this, environmental pollution and degradation are inevitable.

ElA is an attempt to contribute to resolving the conflict and can therefore help the achievement ofsustainability in this twin-isIand Republic. This thesis will foeus on EIA in Trinidad and Tobago, ta determine its capacity to stop enviromnental degradation. 6 1.3) Objectives

The objectives ofthis research are threefold:

1) Ta establish criteria for identifying ideals in EIA by examining literature.

2) Ta describe ElA in Trinidad and Tobago by:

a) exarnioing the general, national situation and considering features of law and

policy.

b) making use ofa specifie example ofthe national situation. The real test ofthe

laws and potiey is in their application, sa a case study is necessary.

3) Ta apply the ideal EIA criteria to current EIA in Trinidad and Tobago and ta use

this as a basis for critical assessment and ta formulate recommendations.

1.4) Outline

Fcllowing this introductory ebapter, Chapter 2 describes Trinidad and Tobago.

The geography and the development history ofthe two islands are SUDUDarized to provide

a context for the definition ofthe problem. Cbapter 3 is a review oftheory and practice

in the fields ofenvironmental management. Chapter 4 brietly outlines the methodology

and the research design. Chapter S addresses the first of the research objectives and

defines critical areas of concem for the analysis of ElA praetices. Nine criteria are

defined. These are used ta create a frame ofreference for evaluating practices in small

island developing states (SIOS) and in Trinidad and Tobago.

Chapter 6 addresses the second of the research objectives and looks at

( " environmental management and ElA in Trinidad and Tobago at a national scale. Coopter 7 7 examines a case study of an ElA of marina development in Trinidad and Tobago.

Some of the criteria introduced in Chapter 5 are developed here in arder to provide specific information for discussion in the next chapter.

Finally, Chapter 8 compares the criteria of ElA (Chapter 5) with the situation described in Chapters 6 and 7, making recommendations for each ofthe nine criteria. It is hoped that this will provide a basis for increasing the effectiveness ofElA in Trinidad and Tobago.

Figure 2: Oudine

Chapter 1. 2~ J. & 4 Trinidad and Tobago CONTEXT Objectives Lit. Rev. Methods ~-----_ __.•...•.. Chapter 5

Suggested ~ Nine C sms Criteria -----~----~ Evaluative too ~ Ch-aple-r6-&7--C T&r Existing ~ Situation Case Study

Chapler8 Recommendations Hued OD NiDe C T&T ~ Criteria ~

SOLUTION Summary And Conclusion 8 Chapter 2: TRINIDAD AND TOBAGO

.... l resolved to make for the Canoee Islands and set sail in that direction; when by the Mercy ofGod which he bas always extended to me, one ofthe sailors went up to the main-top and saw to the westward a range ofthree mountains.. Upon this we repeated the "Salve Regina" and other prayers and aIl ofus gave thanks to Our Lord. rthen gave up our northward course and put in for the land; at the hour ofcomplines wc reached a cape which l called Cape Galera, having already given to the Island the name of Trinidad, and here we round a harbour which would have been excellent but there was no good anchorage. We saw houses and people on the spot and the country round was very beautiful and as fresh and green as the gardens ofValencia in the month ofMarch. (Christopher Columbus, 1498, Book ofTrinidad, p. 17)

Figure 3

VEN~ZVLLA~ 0" ~uU\ paJ1~ Anllr3h...._ ':4 NOV~ A~DALYSŒ;.

Venezuela cum parte Austra/i.. Nova Andolusiae 1640. Amstelodami, Guiljelmus Blaeuw 9 Trinidad and Tobago is a twin island nation with limited land and natura! resources. Its geography, its history, and its present stage of development shape its concem with the problems of the human environment. This creates unique environmental characteristics and challenges.

LOCATION

Trinidad and Tobago is located at the southem limit of the chain of Caribbean territories (figure 4). The island ofTrinidad is 10 degrees North Latitude, and between

60 and 61 degrees West Longitude with a total area of4828 square kilometers (Williams et al., 1973, November). At the nearest point, the coast ofVenezuela is ten kilometers away (figure 5).

Figure 4: Location Map ofTrinidad and Tobago

A~Tic. D~

..Jwr..... ~:suaa • ..... ~ ~ .' . .. . ~ : .. -...... : "'.... . :- .... The Cast ofTourism in the Caribbean. 10 Figure 5: TriDidad ad Tobago

CAR,88E4N S(4

'JLLEONS P4SSAGE 0/1 o' r08"GO SaUNa

't.'••" ] Z 1 N(Jrlh,,1I 1i(J"" •J}'" 0' VENEZUELA ~ ,on 5""' ,.. --"""""""""---'1'''. .. ~,. . '" ..01" p• ... ~ 'flLF ArLJNfI' OF OCEAN PARIA oC> sali N '(,,"&1100 s.... On"lc•• u ~O.~ s....C•••e. ~all'h"'lt R(JIt" ce.. .L . serpent', MouUa 'le COLUM8f1$ CHANNEL Till Draqons Mo",,, 1 Boco dl or FlrU 80co Z Boco dl H""u or Sicond Boco 3 80co dt HQYIU or hues 80co 4 Bou Grandi or Grand Bata

( \ IMA. (1992). v. 1, p.3. 11 TOPOGRAPHY

Trinidad can be described as oblong in shape, with two major western peninsuIas.

There are three mountainous ranges with river plains in between. The largest ofthe three

ranges, the Northem Range along the north coast, bas peaks over 900m (Rudder, 1989)

intermittently descending to the sea with dramatic cliff faces. The Central Range trends

northeast to southwest through Trinidad without such a sharp gradient but rather with

undulating bills. The Southem Range is principally composed ofthree peaks that are the

origin ofColombus' naming ofthe island, La Trinité, and are also not as imposing as the

Northem Range. Alluvial fans span from the valleys of these ranges, creating unique

river plains.

CLIMATE

The seasonal variation of climate tluctuates mainly between dry (December ­

May) and wet (June - November). Location in the tropics (latitude) ensures abundant

solar radiatio~ but temperatures are moderated by the smalliand mass size in a large

ocean. Sea breezes result in minimal seasonal temperature variations.

The dry season is noticeably bright and sunny, with few cumulus clouds and low

relative humidity, offering pleasant human comfoIt levels. During the wet seaso~

l tropical weather systems, including the Intertropical Convergence Zone (ITCZ) , Easterly

Waves and Tropical Depressions, develop with attendant cloudiness and precipitation,

and consecutive bright and sunny days are at a minimum. Convective and orographie

precipitation, given the right conditions, take place in both seasons, the latter being more

prevalent in preferred locations (upland areas). Trinidad's annual rainfall totaIs vary

/ ....,.

1 Broadly speaking this is the confluence orthe Northeast and Southeast Trade winds. 12 from over 3 048 mm in the Northeast to approximately 1 524 mm in the Northwest and

Southwest peninsulas ofthe island (figure 6) (Berridge, 1981). Mean montbly maximum temperature is 31 degrees Celsius and the Mean monthly minimum temperature is 22 degrees Celsius. Seasonal variation in Trinidad and Tobago is only 2-3 degrees Celsius in the Mean (Berridge, 1981).

Figure 6: Isohyetal Map of Mean Annual RainfaU Record Period (1939-19(8).

I~ INIP of lftIIII .,,~I rainfall rKCIrd period 1 1939-1_ (30 yUrs) , Ftture1

HYDROMETRIe AREAS Poet AreI ln of SCIIUl Humber Nene IQ. "". CD Nonft eo- 142 a> Nonft Qn10uCM Z36 <» Nenwa t 71 AtlMltic @ ana- t. OCftn (i) SoIIIMrft ~ m (j) CIdroI ...... tU C8MrII w_ c:o.t Ci) c:ann

Berridge, C. E. (1981). p.S.

NATURAL RESOURCES

Regions bordering the Amazons require no supplies from foreign lands; the river is full of ti~ the forests ofgame, the air ofbirds, the trees are covered with fruit ... (Father Cristoval de Acuna, 1641, Rites and Laws of the Yncas)

Similarities to the South American neighbour Venezuela are retleeted in the

Amazonian fiora and Cauna. When Columbus discovered Trinidad in 1498, the country 13 was covered with luxuriant tropical forests. The intensity ofexploitation ofthe forests in the SOO years since bas changed many of the primary plant formations and associations, except in the MOst inaccessible forest areas. The tropical min forest dominates these areas of primary vegetation, largely in the Northem Range. Tropical savannas and mangrove swamps dominate the lowlands between the mountainous ranges, towards the coast on either side of the island. Teak, Caribbean Pine and Mora forests prevail over the MOst forested areas and are the subject of plantation forestry and the local timber industry. Naipaul describes the capital Port of Spain as ~'the hidden city", located within the Maraval, Cascade and Laventille valleys and neighbouring the Caroni

Swamp (1976). "And it was possible to see over what the city had spread: on one side, the swamp, drying out ta a great plain; on the other side, a chain of bills, rising directly from the plain" (Naipaul, 1976, p. 9).

Tapir, ocelot, deer, caiman, manatee, and the marsupial manicou are some of the larger reptiles and mammals that compose the fauna of Trinidad and Tobago. Isolated from the Amazonian region during the Holocene, the fauna bas direct similarities in diversity and abundance. Large anacondas, porpoises, leather back sea turtles, hummingbirds, scarlet ibises, macaws, red howling monkeys, cavali and carite fish, buffalypso and Holstein cows are other examples of the abundant wild, native and domestically intIoduced animal life found in the tropical marine and terrestrial ecosystems ofTrinidad and Tobago ..

COASTAL WATERS: THE GULF OF PARIA

and as witness that tbis, tao, was no dream, the blue water of the Windward Islands changed suddenly into foui bottle-green. The waters of the Orinoco, waters from the peaks ofthe Andes far away, were staining the sea around us. (Charles Kingsley, 1890, p.. 54) 14 There was no doubt about it: we were in the Gulf ofParia, and the ooly reason the water wasn't yellow with the silt ftom the Orinoco was that we were in the Middle ofthe channel to the sea. (Henri Charrière, p. 436)

Orinoco River water tlows inta the GulfofParia, a basin almost entrapped by the two Western Peninsulas ofTrinidad and "the long rugged Peninsula ofParia [Venezuela] which thrusts out like a finger painting at Trinidad" (Bickerton, 1962, p.80). This results in near estuarine conditions in the GuIt: with little flushing by the Atlantic currents and little coral development (figure 7).

Figure 7: Salinity Variations in Trinidad and Tobago

1 .,. fit' Ir 1 i

-...... ~

Kenny, J. S. and Bacon, P. R. (1981). p.l13

The largest swamp (Carom) is in fact located on the western coast of Trinidad, aIong with a majority ofthe population and industry. 15 THE PEOPLE

Yet, embedded like fossils in these neon-age strata, one finds Indian tribal customs, primitive Afiican rites and beliefs, proletarian attitudes and pattern of behaviour more typical of the nineteenth than the twentieth century, all mixed incongruously together in a sociologist's nightmare, presenting contrast as violent as the physical surroundings of the city themselves. (Bickerton, 1962, p.ll).

The population of Trinidad and Tobago is 1.3 million (EeLAe, 1997). East

Indian and African races, in aImost equal numbers, compose 80 per cent of the

population. The remainder, 20 per cent, is largely Mixed, Chinese, Syrian, Lebanese,

White, and Portuguese. This population is concentrated in the west of the island,

between Port of Spain and San Fernando and along the '~East .. West" corridor between

Port ofSpain and Sangre Grande. Industry is similarly located. Crude oil and natura! gas

refineries concentrate around San Fernando in the Southwest of Trinidad. Sugar

plantations are along the west coast. Manufaeturing industry is mostly found along the

"East - Wesf' corridor, intertwining with rural activities. "Traffic was heavy in this area

offactories. But the land still showed its recent pastoral history" (Naipaul, 1976, p. 10).

Squatting and shifting cultivation form the small·scale agribusiness ofthe rural areas.

TOBAGO ... sixteene leagues to the eastwards ofthe Rivers mouth and then standing offto Sea, wee felI in twentie four hours sayling with Pinta de Galera the North-eastemmost part of Trinidad. But having Tabaco-island in sight, wee first went hither. This Island is plentiful ofall things, and a very good soyle. ...Gibert my Pilot who sometime lived there, noteth it for the best and fullest ground that hee noweth. (Walter Raleigh, 1596, Voyages)

The sister island ofTobago lies 2S kiIometers northeast ofTrinidad, at Il degrees

North Latitude and 60 degrees West Longitude, with an area of 300 square kilometers

(Williams et al., 1973, November).. It is in contrast. clearly part ofthe Antillean chain of

the Caribbean.. 16 Tobago lies on the edge ofthe coastal shelf ofSouth America, away from the

influences of the Orinoco. Its topography is rugg~ with a mountainous spine from

northeast to southwest and a peak of 576m (Rudder 1989), and a coastaI plain in the

southwest. The marine environment is most diverse here with the only mangrove forest

neighbouring the large coral formations ofthe Buccoo Reet: The population and industry

are scattered aIong the coastline, with a concentration in the south around the capital

Scarborough, through to the airport at Crown Point in the southwest.

Fossil fuel deposits are not abundant in and around Tobago. Cocoa, coffee and

sugar are the traditional economy, with tourism dominating the island's revenue. Similar

to Trinidad, tropical rainforest forms the naturai vegetation in the mountainous areas,

with small tropical savannas, secondary and tertiary growth forest and isolated mangrove

settlements occupying the rurallowlands aIong the coast and towards the south of the

island.

2.1) A BriefHistory ofDevelopment

We sat and rested by the roadside under a great cotton-wood tree; ... to see at our feet the triple harbour, the steep town, and a very paradise of garden and orcbard; and then down again, with the regretful thought, which haunted me throughout the islands - What might the West Indies not have been by now, had it not been for slavery, rom, and sugar? (Charles Kingsley, 1890, p.52)

An overview of the antecedent institutional conditions and the evolution of

development can introduce the relationship between the history and the environment of

the country. A colonial status and a plantation economy dominate the carly history of

development in TriDidad and Tobago (figure 8). These two factors placed the decision-

making power in the bands of few persans and with expatriate companies. A decision- (\ making framework of this kind, regarding land use and development patterns, satisfied 17 metropolitan criteria. It failed in producing optimum patterns of settlement for

Trinidad and Tobago. It aIso failed in the equitable distribution ofsocial and economic

activities that respected the environmental characteristics of the development of the

island (Brown and Jacobs, 1996). Given the limited decision-making powers [eft to

them, the local population resorted ta squatting, shifting cultivatio~ and indiscriminate

clearing offorests ta ensure survival on the short tenn in the post emancipation era.

Figure 8

TRINIDAD in the EARLY 1850'5

N GUI.F 'rom Surveys DY JOSEPH BASANTA OF SurvllYO'" Gen.rcl

PAR lA

...... Cstet ...... • ...... •...._ _ . -...... -- 1 - ...... •••••• 1rMa."lfti ": ""MIlS

....ft

• .. 18 At the beginning ofthe twentieth century, the export economy ofTrinidad and

Tobago evolved from being heavily plantation-type agricultural to being oil-based. A new economic base catalyzed industrial development. After independence in 1962, govemment tried ta diversify the economy by diverting oil revenue to the establishment of heavy industry. Iron and steel, Methanol and ammonia, are some of these industries that exploit natura! gas reseIVes as fuel and feedstock. These industries continue to be large eamers offoreign exchange.

As the industrialization process transformed the Trinidad economy in the 1970s and early 1980s, Tobago remained agricultural. With the drastic drop in oil prices in the

1980s, however, the government decided to make Tobago the centre of its development thrust and an alternative foreign exchange eamer through tourism development The tourism industry bas boomed in the 1990s on both islands. Rapid development of this industry in pristine environments rivais other industries' potential for damaging the environment

With the growth oftourism, the importance ofa hea1thy environment is becoming clearer now even to develoPerS. Economie values are being attaehed ta clean air and water and to diversified, undisturbed natural vegetation. Eco-tourism, a stream of the tourism industry, has the beneficial characteristic ofpreserving the natural beauty of the islands. Proponents of eco-tourism are making efforts ta sensitize the public to the concepts of conservation and sustainability 50 tbat the aesthetic elements of the enviromnent are retained. 19 2.2) The Challenge and the StatemeDt ofthe Problem

TouriSIn and ecotourism of the insu1ar 8lChipelago rest almast monoculturally on the pristine quality of its environment - recreational water quality, air quality and potable water quality. Hence paradoxically, development of the resource that is the environment equates with its protection and preservation. (Lennox Ballah, 1995)

The potential for conflict between environmental protection and economic growth is evidenL The confliet mises some questions. What is the purpose ofenvironmental protection? Is it in response ta the need for an attractive resource for a booming eco... tourism trade? If50, are these acceptable conditions and justifications for environmental protection? Is it acceptable for economic values ta determine the route of ecological

integrity? Or should there be a synergetic relationship tbat encompasses the ideals of

sustainable development? These are important questions as they clarify the motivation

behind environmental protection.

Often in Trinidad and Tobago, ElA appears to he conducted in response to a

seemingly obvious conflict, not prior ta the commencement ofthe project that caused the

conflict. Will environmental management progress proactively or must there he a

distress to initiate il?

Aetivities ofa company or a developer impact upon the environmenl One use of

environmental management is to retain or restore a company's or a developer's image in

the face ofpotentially unfiiendly environmental impacts and 50 project proponents MaY

support ElA. However, ifthere is no obvious link between environmental pollution and

the company or the developer, will there be 8O.y incentive ta cooPerate in environmental

management at aIl? If the cause of environmental damage is not what was expected

when an issue arises~ will the ElA. continue at the same pace and receive the same 20 attention? These questions can only he answered through examination ofthe practice ofEnvironmental Management in Trinidad and Tobago ..

The opening quotation ofthis section shows the need for environmental quality and the potential threat to this quality .. The ManY questions asked discuss the viability of a voluntary code. Such a code May work when there are clear public relation benefits, but when there are none, are laws needed?

No voluntary code will control individuals who are detennined to exploit natura! resources for their own benefit, and therefore legislation is Iequired to enforce at least a minimum of respect for the environment (Fortlage, 1990).. The legislation aims to foresee, control and mitigate the effects of new faImS of interference with the environmenl Agam, the presence oflaws requires enforcement mechanisms as voluntary compliance is rare, especially ifthere is no strong public pressure.

We can determine whether legal means are necessary and whether enforcement mechanisms are effective with existing legislation only by looking carefully at real cases ..

The thesis will examine what the literature says is needed, and then, in light ofthat, look at what is going on in a specifie case study. 21 Cbapter 3: LlTERATURE REVIEW

This chapter reviews environmental decision-making. It provides a synopsis of the current ideals in the field, summarizing the various approaches to environmental management that are relevant to Trinidad and Tobago. The chapter explains ElA and its importance in developing countries. Finally it hints at what approach is needed in

Trinidad and Tobago by outlining present practices oflocal consultants and government.

3.1) Review ofEM and ElA Theory

Pollution is a fact no longer questioned. 115 prevalence is an inherent feature ofour civilization. To control this scourge, for which man aIone is responsible, we must he able ta come ta terms with our growth and our industrialization, while possessing at all times the capability of neutralizing its ecological consequences (World Bank, 1992, p. 3).

Principles ofenvironmental management

A fundamental objective of environmental management is to evaluate how ecological systems will be affected by disturbances, both man-made and naturaL It thereby assesses to what degree ecologica1 systems will he threatened or damaged, and attempts to bring these environmental costs into the overall planning assessment (Holling,

1978; Renard, 1989; MacKenzie, 1997).

One interpretation of sustainable development is the maintenance of the functional relationships within and between the environmental, economic and social systems (Berkes and Folke, 1994; Holling, 1978; Hanna and Munasinghc, 1995).

Environmental management involves the integration ofthese subsystems, with the socie- economic objectives of maintaining sustainable demographics and preventing the retardation ofeconomic development or the degradation ofthe environment. 22 VanderZwaag (1993) categorizes four principles ofenvironmental management.

These are integratiOIl, the precautionary principal, intergenerational equity, and public participation. The first principle of integration bas external and internaI definitions.

Extemal integration refers ta the consideration ofeconomic and environmental concems in all plans, programmes and budgets in every policy sectar of government (WCED,

1987; UN, 1992). InternaI integration entails coordination ofthese seetors and agencies, providing a unified effort in environmental protection.

The notion of the precautionary principle is that prevention is better than cure

(UN 1992), especially when there is a great deal of UDcertainty about possible impacts.

The environmental control measures should be put in place before the event, on the side of caution, mther than waiting for the event and following the cause-link effect

(VanderZwaag, 1993).

A third principle of VanderZwaag is limiting natural resource exploitation and controlling pollution for the benefit of future generations. This principle is intergenerational equity and it is a direct theme from the sustainability definition that bas become as important as intragenerational equity (the equal distribution ofresources).

Principle 10 ofthe Rio Declaration on Environment and Development expresses the basis ofVanderZwaag's fourth principle, that ofpublic participation and community- based development and management (UN, 1992; VanderZwaag, 1993). It argues that the principle of public participation must direct the restrueturing of national policies. Key clements ofthis principle are descnDed lmer in this section.

These four principles are over-arching. Crîtics are realizing that conventional strategies in environmental management do not confOml ta these principles. Major 23 consequences of failing on these principles are a lack of popular acceptance as a

decision is made and the risk of producing outcomes that are irrelevant or

enviromnentally damaging (Renn, Webler and Wiedemann, 1993; Warrlner, 1997).

Proactive management bas evolved to ensure that these four principles shape

environmental management initiatives.

Proactive Environmental Management

Proactive environmental management is recognised by the attempt ta anticipate

events that will require environmental intervention. It is distinguished from reactive

environmental management where a crisis arises before planning action is taken. There

are three elements that define proactive management: the ho1istic view; the adaptive and

responsive approach to planning; and careful foresight in planning.

Firstly, there must be a theme ofholistic, or "big-picture", thinking. This aIIudes

to a problem in a multi-dimensional context, with multiple causes that sometimes shift

unpredietably. Inherent in this thinking is the identification of the stakeholders,

providing information on existing conditions, and defining common boundaries of

concem (ecological and economical). This then requires adequate mechanisms ofpublic

participation. One such mechanism is the presence ofan environment ofnegotiation that

leads te consensus rather than confliet and that bandles the concems ofthe stakeholders

(Appiah-Okopu, 1994). Holistic considerations and public participation should occur at

all steps in the decision-making process, consequently raising public awareness and

creating public empowerment (Amstein, 1969; Bishop, 1975; Brown and Jacobs, 1996;

Daniels, Lawrence and Alig, 1996; Daniels and WaIker, 1996; Warrlner, 1997). (l 24 Seeondly, the decision-making framework must mimic the environment by being flexible, adaptive, and responsive (Brown and Jacobs, 1996; Holling, 1978;

Maekenizie, 1997). Sueh a framework is incorporated in ecosystem-based environmental management, allowing natura! and immediate reactiODS ta crises that are expeeted, with solutions that are planned. A prevention rather than cure motivation initiates an approach ta environmental management that prepares for these reactions ta crises (Wilder, 1994).

Thirdly, a deeision-making framework must he developed that accounts for the many barriers that MaY arise to information gathering and dissemination. These include legal, technical and finaneial barriers, data inaccessibility, and ignorance of its existence and its absence (Meredith, 1996). Toois such as Geographie Information Systems and

Environmental Impact Assessment aim to solve or reduce these barriers. These tools promote inter-ageney cooperation and facilitate multi-eriteria decision-making (streams of public participation and ecosystem-based environmental management) (Eastman,

Kyem, Toledano and Jin, 1993).

Environmental Impact Assessment: A Taol ofProaetive Environmental Management

In its simplest form, ElA is a "public meebanism or process for assessing the potential environmental impacts of a proposed activity or undertaking" (Edmond and

Tille~ 1991, p. 222; Fortlage, 1990). Another simiIar but more recent article ftam

Kozova (1996) defines ElA as "an effective preventative system against damage to the

environment that is based on prognosis and assessment ofpresumed positive and negative

impacts ofdevelopment projeets and policies" (p. 402; see also McShinet 1993; Appiah-

Okopu, 1994). 25 The EIA process includes methods ofassessing potential crises and determining

solutions or buffers for them. This fOIm of proactive environmental management

restriets environmental degradatioD, with ElA providing the guidelines and pathways.

ElA is a valuable planning tool as it can he effective in barmonizing environmental and

economic needs (Glasso~ Therivel and Chadwick, 1994; Lawrence, 1997). The Rio

Declaration on Environment and Development endorses the universal application of EIA

as a national instrument (McNeely, 1994). It bas been heralded as a potential mechanism

for implementing National Sustainable Development Strategies (NSDS) (Sadler, 1993).

Nations struggling to fulfill the sustainability principles have begun creating the

institutional frameworks and mechanisms for ElA. This ElA should provide a basis for

proactive impact assessment The question is, how weil do they wark especially in

nations in the developing world that are not experienced with the ElA process?

3.2) EM and ElA in the Developing World, sms and Trinidad and Tobago

The Developin& World

It is essential for developing countries to pursue short- and long-tenn economic

development goals while ensuring sound environmental management (Biswas &

Agarwal, 1992). Developing countries typically have more severe environmental

problems, fewer resources to solve them and a more turbulent and less predictable

economic and socio-political climate than the developed world (Mayda, 1985; Appiah-

Okopu, 1994; Biswas &. QuGeping, 1987). Adopting the principles of sustainable

development and the decision-making practiccs that bave evolved from these principles is (\ 26 1,- ~. -- complex. Practices have to he adapted to the cultural, political, economic, institutional and antecedent environmental mechanisms ofeach developing country.

Small Island Developing States

Sustainable development of smal1 islands is further complicated by their small

size, limited resources, geographic dispersion, isolation, economie fragility, and small

population base whieh nonetheless creates high population densities (!MS, 1993; Mann-

Borgese, 1994). These eharaeteristics are serious barriers te sustainable development and

caU for alternative approaches. One such approach is people-centred development

(Mann-Borgese, 1994). Moreover, the Caribbean with its prolonged history of resource

exploitation, requires "habitat restoration, sustainable resource uses, long term economic

profitability/adaptability, and improved effectiveness of insular institutions" (MeElroy,

Potter and Towle, 1990, p. 299).

Operationally incorporating adapted principles ofproaetive management in SIDS

is best achieved through environmental assessment and ElA (Biswas and QuGeping,

1987; Apiah-Okopu, 1994; Rudder, 1989; Biswas & Agarwal, 1992). Horberry explains

that the interest ofElA in sms and the Canèbean is due ta the well-defined, intemally

integrated procedure and planning too15 that characterize ElA. Furthermore, suceess with

EIA attracts bath international agencies and local govemments (Holling, 1978; Horberry,

1985).

Trinidad and Tobago

The Govemment of Trinidad and Tobago bas adopted the goals of sustainable

development and mandated the use ofElA in recent legislation (GOTI~ 1995). Though

/ 1':' ,. sustainable development is not explicitly mentioned in the legislation, it aims at " ' " 27 maintaining intergenerational and intragenerational equity while eliminatÏng poverty

because "it is assuming economic development" (pantin, 1992).. Kenny (1997a) insists

that at the moment, sustainable development is very difficult for Trinidad and Tobago

due to an oversight of recent legislation in adopting unrealistic goals (similar ta the

concerns ofPantin, 1992). Kenny suggests that extemal expertise and financial aid must

be sought to relieve pressures of being a developing country where the application of

these goals is restricted.. He comments on the applicability of any new legislation that

disregards key aspects ofTrinidad and Tobago:

Greenpeace, ... and local environmentalists must really also tell the Minister of Agriculture how to do this in a country with a population density of650 per square mile and an annual population growth rate of 1.1 pel cent (Kenny, 1997b, p. 19).

The Govemment of Trinidad and Tobago bas endorsed ideas of sustainable

development but there are specifie problems. These problems reqUÎIe SPecial expertise to

ensure that the theories ofsustainable development CID. he focussed on the peculiarities of

Trinidad and Tobago .. A glimpse at the taols ofenviromnental management in Trinidad

and Tobago will illustrate Kenny's concem by showing the awkward and unsuitable

strategies that are being followed at present.

3.3) Stntegies ofeavironmeDtai managemeDt inTrinidad and Tobago

The Govemment of the Republie of Trinidad and Tobago (GOTI), the United

Nations Environmental Programme and the World Bank have organized and funded ElA

projects, environmental awareness programmes, conferences and training courses in

('~ -~ Trinidad and Tobago aver the fast twenty years. From a small grant to the Institute of 28 Marine Affairs1 from the GOTI in 1981 (McShine, 1993) ta the multi-million World

Bank loan ta the GOTI in 1995 (ECLAC, 1997), there bas been a capacity building based on similar principles to those already outlined.

In 1990, UNEP produced a document ofElA strategies for projeets affecting the coastaI and marine environment which is a widely used and accepted guideline in the

Caribbean, and in Trinidad and Tobago by most consultants (McShine, persona! interview, January 5,1998). This document operates on the principle that it is better ta conduct a Mediocre EIA than none at all. The UNEP document focuses on the main issues in an ElA, presents clear options for the mitigation of impacts, and promotes information in a form useful to the decision-makers. It argues that most local agencies and govemment organisations follow processes developed elsewhere and that they rail to adapt ta local conditions. Some consultancy tirms in Trinidad and Tobago have done this.

Rapid Environmental Assessment Limited (REAL), a local firm, promotes ElA at the project's conception, and its execution through the pre-feasibility, design and engineering plans ofthe project cycle. The process is integrative, with mutual feedhack between environmental engineers and developers, local and central authorities, and the communities.

Environmental Protection and Assessment Services (EPAS) (local consultants) have formed a relationship with Sennes Consultants of Canada in order to boost its portfolio ofexperts and ta bridge the technical gaps oftheir EIA process.. The !MA bas designed a unique ElA process in that it meets with the enviromnent circumstances of

2 The IDstitute ofMarine Affàirs or IMA is a govemment supported, research-based organisation. 29 Trinidad and Tobago. In 1988, two years befote the UNEP document, the !MA decided on a shotter period for impact assessment and a longer period ofmonitoring than what is suggested by UNEP. Its scientists have used their experience and research- oriented staff ta evaluate and present an ElA process, which they claim sits weil in the evolving circumstances of Trinidad and Tobago, conforming to the existing legal framework.

An evaluation ofthe use and the effect ofElA in Trinidad and Tobago is needed.

Are the suggested approaches to enviranmental management fram the literature different from thase being used now in Trinidad and Tobago? If sa, are these suggested approaches appropriate for use in Trinidad and Tobago or is a balance needed between these approaches and local practices? 30 Chapur4:~THODS

This cbapter descnàes the procedures used ta evaluate the present poliey and

practices in Trinidad and Tobago. This design is classified as ~'formative" (Mauch and

Birc~ 1993): the research focuses on the procedure rather than on the outcome of

environmental management. Therefore, the analysis appraises the steps taken to measure

the environmental impacts rather than appraising the results ofutilising these steps.

The research can be broken into three pans. The first formulates a recommended

or "ideal" environmental management. The second outlines the history and present status

of environmental management and ElA in Trinidad and Tobago and examines a case

study. Finally, the ideal is compared to the present status ofenvironmental management

and recommendations are presented. An additional literature search and a series of

interviews gathered the information needed for these three parts.

4.1) Determining "Ideal" PoDey and Practice

This first step in the research involves a telescoping of issues and information

needs along various scales of research. The determination of an ideal environmental

management framework for Trinidad and Tobago began with the study of general

literature on ElA (ehapter 3), and then more specifically, studies at the scale of the

developing world and Small Island Developing States.

The intent is ta identify from the literature specifie criteria that can be used to

indicate the relative efficacy ofElA paliey and practice in Trinidad and Tobago.

(' '~ 31 4.2) DetermiDiDg the Curreot Status ofEnvïroDDleDtal Management

in TriDidad and Tobago

A literature review and a series ofinterviews are used ta determine the historical

and current status of environmental management. The historical status is included

because antecedent environmental management tempers a lot of current policy. Many

environmental Iaws are quite oid and early environmental events or mishaps are still

significant in the Iandseape.

The Environmental Management Act (OOTI, 1995), the draft National

Environmental Policy (EMA, 1997c) of Trinidad and Tobago, and UNEP and World

Bank documents compose this background discussion as they affect the management of

the area ofthe case study. Research on the present status ofenvironmental management

at the scale of Trinidad and Tobago is used as background to the case study. A case

study is included here to allow for a specifie example ofthe condition ofenvironmental

management.

The case study is one ofthe MOst diseussed topies in Trinidad and Tobago. It is

an ElA of marinas and of marina development in Chaguaramas. Recent newspaper

articles recorded the degradation of the marine environment of Chaguaramas and

criticism of the new legislation that affects the area. Visits to the horaries of the

Environmental Management Authority and the Institute of Marine Affairs provided

additional literature on this new legislation and on the detaiIs of the degradation. In

addition ta literature searches, interviews were conducted with key stakeholders.

\ (, 1 32 4.3.1) Data COUectiOD: Literature Search

Literature from journal articles provide the bulk of the information for the

developing world and sms, with little specifie information on Trinidad and Tobago. Ta

aceount for this lack, conferences held in Trinidad over the last five years that concemed

environmental management or the topie of marinas were researched and the relevant

proeeedings or literature are used. Additionally, these conferences introduced the players

in environmental management in Trinidad and the stakeholders in marina developments.

Newspaper articles provide the bulk ofthe local information as they are a major

tool of public opinion in Trinidad and Tobago. A collection of newspaper articles over

the last three years, including letters to the editar, articles and news headlines was

gathered ta determine public opinion and specifie knowledge on ideal paths for

environmental management The articles are mainly composed ofunpublished research

completed by Local academics, govemment officers, environmentalists and NGOs,

colleeted by the newspapers from the libraries of the Ministry of HeaIth, Planning and

Development, !MA, UNEP, UWI and the Environmentai Management Authority.

4.3.2) Data CoUectioD: Inteniews

Interviews with key personnel within the environmentai circles of Trinidad and

Tobago provided the specifie information not found in the literature review. Follow·up

research with experts from the conferences and the authors ofthe newspaper articles Led

ta these interviews. A list ofthe persans interviewed is shawn in table 1.

.\ 33 Table 1: Penoos Interviewed

Penon Position Maurice StroD2 Cbaùman of"Earth Summit +5"

Anslem Le Maitre Environmental Director, 'IL.. • y ofHealth Dave McIntosh Member ofboard ofthe EMA Marva Salvador-Arthur Member ofboard ofthe EMA Kishan Kumarsingh Member ofthe EMA Julian Kenny Director ofREAL, Senator, UWI lecturer Ahmad Khan Director ofEPAS, UWI lecturer GeorRe Sammy Director ofECOEn2Ù1eering, UWI lecturer Hazel McSbine Deputy director ofIMA Lisa lames Socio-economist in IMA Garet Manwaring Physical geographer in IMA Nazeer Gopaul Physical oceanographer, Coastal Dynamics Marilyn Crichlow Legal consultant in WASA

An interview with Maurice Strong questioned the UN's raie in assisting SInS with developing environmental management processes. This allowed for an upper Level, extemal comment on the status ofenvironmental management in sms in the aftermath

3 ofthe "Earth Summit +5" conference •

internai or local interviews were diverse and extensive. Four Ministry officiais were contaeted: the environmental director ofthe Ministry ofHcalth and three members ofthe board ofthe Environmental Management Authority (which was fonned under the auspices ofthe Ministry ofPlanning and Development). This produces a range ofviews from different sectors ofassociated govemment and from the organisation that drafted the

EMA legislation ( the Environmental Management Authority).

The established firms that undertake the bulk of the assessment projects in

Trinidad and Tobago are the !MA, REAL, EPAS, and ECO Engineering. Associated with these firms are three lecturers associated with the University ofthe West Indics, who

1 FaIIow-up meetings la report on the progress ofdecisions and policies enacted althe 1992 Rio SummiL 34 have written extensively on the subjeet One is a prominent senatar, directar of a consultancy firm (REAL) and strong advocate of environmental awareness in Trinidad and Tobago, Or. Kenny. Another is the co-director ofan enviIonmental consultaney firm

(EPAS Consultants), a division of Waste Disposais Ltd, while the third is aIso the ehairman ofECO Engineering. Contaeting three members ofthe IMA that are involved with environmental management and assessment allows a mix of academic and professional perspectives.

Finally, two people involved in the impacts ofthe environment on water quality were interviewed in order to meet the information needs ofthe case study. The first is associated with the Water and Sewage Authority (WASA) and the second is the co- manager ofan oceanographie eonsultancy finn (Coastal Dynamics).

Format ofthe interviews

The interviews were open-ended as the discussion was conducted around a series ofthemes rather than with the use ofa strict questionnaire. This technique is designed to

'l.elicit the person's environmental awareness, and the interviewer's assessment of that awareness" (Evans, 1996, p. 85). This allows the interview process to capture the most

important information within an individual's expertise.

For instance, Marilyn Crichlow, with the Water and Sewerage Authority

(WASA), was able to expand on the legislative background in Trinidad and Tobago of

water management, as weil as the monitoring procedures in place ta report water quality.

However, it would he impossible ta determine the extent ta whieh this monitoring

process is reassessed, valued or even relevant to the local modem environment as it is not

her expertise and many additional interviews at WAS~ the Ministry of Health, the 35 Ministry of Energy and the Ministry of Planning would be necessary. These government bodies are aIl responsible for water management legislation and subsequent monitoring in Trinidad and Tobago. This is an expected problem ofsms where there are many agencies responsible for a specifie entity. Questioning of a partieularity in

SIDS does not always bring about the desired results because there are too ManY stakeholders. Open-ended questions were MOst reliable for gaining the local views because often, individuals are experts in Many fields and are able ta provide information on a range ofunexpected issues.

4.4) The ADalysis ofthe Research: RecolDmendatioDS

The analysis involves comparing the "ideal" for Trinidad and Tobago with current practices. The "ideal" is based on current theory that aims for an adaptive, proactive process in Trinidad and Tobago. This forms the basis for identifying tlaws and inadequacies in environmental management and ElA in the country. "Current practices" include the new and existing environmental management schemes as weil as a case study ofthe environmental management practices in Trinidad and Tobago.

This final part of the research retums 10 an overa1l assessment of practice in

Trinidad and Tobago and the questions raised in the statement ofthesis. For each critical area of concem, there is a summary statement of present conditions and some specifie recommendations for improving the situation. Specifie examples related to the case study are used to illustrate the practical value ofthese recommendations. 36 4.5) Limitations to the Research

Three barriers to information that Meredith (1997) discusses arise in the research.

The information is not readily accessible in Trinidad and Tobago because there are physical barriers. Access to MOst libraries requires an appointment and there are restrictions on use of the holdings, with the absence of an exorbitant expense for photocopying facilities and with copyright laws and royalties being strictly enforced.

The information is also not always accessible because it may not be easily found.

Holdings of libraries are not organized, often there is an absence of searchable indexes and cataloguing. Thirdly, confidentiality posed another barrier to information. During the interviews the consultancy tirms provided no copies ofEIAs as they are the property ofthe client or the developer, with permission often denied by the client once sought.

It was aIso the case that interview appointments were not always honoured once the purpose of my research was known, and that letters to officials were often unanswered. Thus, it is acknowledged that the picture is not necessarily complete.

However, convergence ofinformation from severa! sources, as weIl as persona! contacts who were able ta offer corroborative information, suggest that the analysis does reflect current reality. 37 Chapter 5: DETERMING IDEAL POLICY AND PRACrICES:

CRITICAL AREAS OF CONCERN

Various authors have defined criteria for evaluating. Brown and Jacobs (1996)

provide a table of comparison based on nine criteria for assessment of ElA. They

advocate a proactive approach for Trinidad and Tobago, suggesting ways to improve the

EIA process by targeting successive issues. They aIso use the case analysis of informai

settlements ta show how these modifications can remove barriers in the community

development process.

Lawrence (1997) follows similar methodology through a review of the ElA

process that uses a step by step analysis (dismantling a process into its components for

individual scrutiny). He provides a framework for sustainability along with an overview

of current EIA requirements in Canada A comparison shows where initiatives are

promising and where they need to be monitored or changed (Lawrence, 1997).

The Australian ElA Network's review ofthe Commonwealth ElA process (1994)

used 22 indices in providing an excellent tool for evaIuation. Criteria and ideas from

Brown and Jacobs and from Lawrence are used with the Australian ElA Network's

review to produce criteria for this study. Merging similar concems can reduce these 22

indices and the various criteria from Brown and Jacobs 10 form nine umbrella criteria

(table 2).

! .... · ... ;

CORlmon Toplel 01 eaeh Optionl and Rec:ommendatloal for Australlan ElA (Greupeel tOlether wlth limbritla) Group: Source: Australian ElA Networlc (May 1994). ElA ln Austro/la - ElA Rev/ew Consultoney The Nine Criteria Reports- Ana/ysls ofElA prQClice andprocedures ln oiller countrles ElA CompositioD 1 Levet of..viromnental useument Tho ambit ofElA - wbat is .IOIIOCI Cumulative onviromnootal efFecta Dealinl with incomplete information and seieotific uncertainty

TimiDI 1TiminS ofElA and public partic~on

The Coaeeptual l'ramework 1Torms ofm.rence for ElA BroacieninS the ConceptuaI Framework

"bUe IDvolvemeDt 1 Pubüc participation and comm_t Cultural dimensions ofElA and the role ofaboriSinal pooples

The Lqilladve ud 1ElA and lovemmeot departmentaI mmclatel IutitlItio.aI rramework Legislative prescriptioo and Nview ofElA

T...... 1MiIlilteriai power to initiate inquiri. Level of.....ment, inclusion Md .clUlioo pl'OCOliOl

The Seopi..Proeeu 1The lCGpe ofdt. EPIP Ad. ElA procedurea -lCOpinl ElA Extra-tenitorial efFecta

EDviroDlDeat" Moaitorial 1Dilpute JeIOlutions Intepation ofElA into plans, prosrammes and projects in federal systems Envirœmental lDOIIitorins Enviromnental manasom.t and mœitorinS plans

ElA al an adviaory ofapprovall process ~ , Records ofclecision ~ 00 39 5.2) DefiDitioD ofthe Nine Criteria for Trinidad and Tobago

This section describes each of the nine criteria. This description includes the evolution of each criterion and considers ways in which the criterion can be used to assess specifie EIA processes.

5.2.1) ElA COMPOSmON

An ElA composition criterion constitutes the principles and the objectives of the

ElA, the steps in ElA, and the level of assessment defined in the relevant legislation, methodology and machinery. Clarification ofthe methods ofEIA, with explicit direction given ta every aspect of the ElA, demarcates how the ElA is ta he assessed. ElA composition further incorporates other components such as the certainty of the process with applicable tools and the tlow ofinformation in the process.

One important principle of proaetive ElA is to maximise the positive environmental impacts instead of focussing exclusively on rninjmising the negative impacts (Biswas and Agarwal, 1992). Another is that environments are dynamic, therefore processes that monitor them must allow for that Related principles are similar to those round in the field of eeology in tbat they acknowledge the cumulative, incremental and regional impacts. Flexibility and responsiveness ofthe ElA process are needed to incorporate these principles in the environmental, institutional, social and economic realities.

The level ofdetail ofassessment is also important for putting these principles into use. The need to counterbalance a holistic perspective with a detailed understanding of complex regional and local relationships is a thomy issue (Lawrence, 1997). However, it is paramount that the ElA poliey must be achievable, specifie and not capricious 40 (Kravatzky, 1996; Ahmad and Sammy, 1985). Roger Carrington emphasizes that there must he cIear indication on how ta achieve certain go~ a concrete poliey statement with easily identifiable requirements and responsibility assignments in Trinidad and Tobago

(in Rostant, 1997a). A sound and explieit mandate for the ElA process provides a level ofassessment that stresses elarity.

A more explicit reference to ElA procedures and techniques consolidates a simplified environmental management process (Brown and Jacobs, 1996). To achieve this, methodoIogy must be a part ofthe legislation in order to provide clear, consisten~ official guidance for effective implementation. Formai procedures eliminate inconsistencies in the assessment ofsimilar projects, and the persona! prejudices, whims and caprices of an environmental agency or leading agency officials (Ebisemiju, 1993).

The absence ofa highly defined assessment procedure creates uncertainties in the mincis ofmembers ofa project as ta what they are expected ta take, or what in fact is required of them. Such a situation provides a fertile ground for corruption, nepotism and compromise. With partieular relevance to Trinidad and Tobago, an independent, transparent process reassures the public that "decisions are not unduly influenced by individuals who stand to gain financially from the project" (Brown and Jacobs, 1996).

As the system becomes transparent, it becomes easier ta dispIay the requirements and opportunities ofthe ElA process ta now well·informed participants. This increases the confidence in the objectivity ofthe system and in the ability ofElA to achieve its goals. Transpareneyalso requires access ta information. Unavoidable bmiers must be clearly identified must be mitigated (see Meredith, 1997). There are mitigating tooIs that provide opportunities ta explore, determine, commUDicate and reduce uncertainties and 41 barriers. Decision analysis, remote survey techniques, and geographic information systems (GIS) are some of the tools tbat can realise holistic, certain and accurate environmental management (Kravatzky, 1996).

National environmental data banks and management systems are encouraged to facilitate the use of available information and the inter-govemmental flow of data

(Biswas and Agarwa1, 1992; Biswas and QuGeping, 1987). Efforts ta improve information flow between developing countries, inhibited more than between the developed and developing world, will be beneficial and relevant because of similar social, economic and institutional systems.

Structures such as the Man and the Biosphere Network (MABNET) are feasihle and appropriate. This structure improves linkages to other authorities and nations by avoiding problems of persona! differenees. It creates a tlow that does not need to he based on trust and that is purely scientific and not bureaucratie; a great barrier to information in Trinidad and Tobago (Gopaul, persona! interview, January 10, 1998).

Further, it provides an avenue for a greater awareness of information and knowledge available so that duplication is avoided and innovation is promoted (Healey..singh, 1997,

Kenny, 1997d).

Synthesis of data4 is the strategic solution for the great lack of information in developing countries. However, a central repository of environmental data is needed

(Ahmad and Sammy, 1985). Public documents must he truly public, with demarcations of what is sensitive information and timelines 10 nullify confidentiality. This is the

~e process by which data trom another location can be used ta supplement data atthe location in question. Altematively, it MaY he the use ofone rorm ofdata ta generate another farm ofdata" (Ahmad and Sammy, 1985) 42 solution to better aceess to information in Trinidad and Tobago (Manwaring, persona! interview, January S, 1998).

5.2.2) TIMING

A timing criterion considers the point at which the tools of environmental management should commence as weil as the duration ofthen use. The timeliness ofthe

ElA process in relation to the project's development and the placement of the public inquiry within the process are examples of the initial considerations of timing. In this second criterion, timing is associated with the cost ofassessment

Traditionally, environmental considerations are given low priority in project design, with the MOst attention given to the economics and engineering. An environmental assessment in the final stages precludes the best form of damage mitigation being ecologically sensitive design (Treweek, 1996). ElA should he an integral part ofproject planning beginning with early identification ofsignificant impacts and project alternatives. Early consideration is essential given the complexity of ecological impacts and the chance for avoidance of project re-design and public inquiry

(Lawrence, 1997). It is necessary to implement ElA before there is substantial financial planning and other resource commitments to programmes or projects. ElA should continue tbrough the projeet cycle, with public participation, to he followed by the monitoring and post-evaluation stages ofenvironmental management.

The duration ofthese instruments ofenvironmental management depends on the scale and nature of the projeet. The local context defines the duration of EIA in developing countries. Environmental managers must consider a possible time scale extension due to the increased rate and pervasiveness of change associated with the 43 environmental parameters of SIDS (Kravatzkyt 1996). Consideration of the local

situation in the determination ofschedules naturally includes this element The average

time from scoping to completion of ElA ranges from three months to two years

(OECD/DAC, 1994). With no formai period for Trinidad and Tobago, one year is a

suggested minimum length (as it includes bath climatic seasons) (Manwaring, persona!

interview, January S, 1998).

The costs of ElA are similarly determined by specific factors of the project

(Biswas and QuGeping, 1987). Associated costs reflect the complexity and significance

of the problem and the level ofdetail required. They normally amount to 0.1 - 2.0 per

cent of total investment (Mendez-Charles, 1990; OECDIDAC, 1994). The cost of

implementing mitigating measures ranges from 3 - Sper cent (Mendez-Charles, 1990).

The placement of public inquiries within ElA is not explicit in the literature.

Early inquiries are encouraged as they avoid dccisions becoming toc politicised and

contentious (under some circumstances inquiries are established because an issue bas

become controversial). However, it is cost-effective and efficient to have public

consultation at the end of the process in developing countries (Ahmad and Sammy,

1985). The public reacts better to clear predictions rather than nebulous concepts, only

possible at the end ofthe process. Inaddition, there is the possibility oflosing interest in

an issue after a given length of time, so short time Periods must be allotted to avoid

confusion.

The solution is an agreement on project-specific time schedules for aIl stages of

the assessment process. Public involvement sets best as an on-going tooI of

('-~l environmental management, with an inquiry's duration becoming a factor of a pre- \. 44 determined schedule. The cost associated with public involvement is time dependent

It is not cost-effective to seek full public comment throughout the life ofthe ElA. Time

schedules aceept finaneial constraints, recognise specifie complexities in the planning

process, and they cau he applied to many other instruments of environmental

management.

5.2.3) THE CONCEPTUAL FRAMEWORK

The conceptual framework describes the bounds of environmental management

(Mayda, 1985). The policies and programmes subjeet ta assessment as weIl as the types

ofassessments that are relevant to Trinidad and Tobago are issues ofthis criterion.

IfElA is te he located early in the planning phase, it should encompass proposais,

policies, programmes, works, projects, agreements, recommendations and the incurring

ofeXPeD.diture. ElA is most effectively integrated into government decision-making once

a broad range of activities requiring govemment approvals, financing and decision are

encompassed. Social, cultural and economic effects must be considered as part of the

environment. Health and social impact assessment need to he visible in government

decision-making.

Lawrence (1997) asserts that "disciplinary and professional boundaries are

transcended and geographic and temporal barriers are extended" (p. 36). EIA must not be

impaired by limited application.. Public and private sector projects, activities, legislation,

technologies, and products are subjeet to assessment: ElA must he applied to higher tiers

in decision-making.. FormaI procedure is needed 10 ensure the environmental

implications of policies, plans, programmes and "familles "of plans are taken into

:1 account as well as individual projects (Lawrence, 1997; Treweek, 1996). Overall impacts 45 of related projects, cumulative impacts of serial projects and the potential for alternative considerations demand this scope ofassessment, especially if viewed in the longterm.

A parallel conceptual shift is required for the legislative framework

(VanderZwaag, 1993). This involves institutional changes. The conceptual framework ofthe Legislation points to the greater input ofecologists in developing its scientific basis

(Treweek, 1996). The ElA process must not continue to be marginal ta scientists and other experts, who in tom must regard the importance of ElA and other tools of environmental management, including TOR, and monitoring.

There is the need for organic and sectorallegislation that includes and necessitates early implementation, design simplicity and realistic objectives (Mayda, 1985). This produces a complete legal framework for the ecologically based and strategic environmental assessment requirements of the developing world. These legal concepts allow for the realisation of the regional perspective in paliey formulation (through complete and organie legislation ideas), for early ElA implementation and obligation, and for diverse inclusion ofsocial, economical, cultural and political seetors (Rostant, 1996a).

Senator John Agard ofTrinidad and Tobago argues that global problems ofozone depletion and greenhouse gas enricbment should not he of concem to the poliey formulators of SIOS and Trinidad and Tobago. Agard bas to realise that this is not wholly correct. There are indirect, secondary issues attached ta many international environmental concems like this one. For instance, sea level rises from greenhouse gas enrichment and global warming is a significant issue for the coastal enviIonment 46 Similarly, for a population of 1.3 million people in Trinidad and Tobago, 800

000 are living below the poverty line ofSl0 per day (Kenny, 1996). A persan existing on

S10 per day is unlikely ta use significant quantities of energy from fossil fuels and is

unable to realise the importance of global warming and sea level rise. However, the

environmentalist driving a car on a daily basis will eject at least half a tonne ofcarbon

dioxide into the atmosphere each year (Kenny, 1996).

Legislation must recognise classes of society and individual senses of the

environment. The organic concept of legal planning incorporates permeable ecological

boundaries for decision-making. An appropriate shift in our perception of the

environment we live in and attempt ta manage helps ta bridge these two gaps.

5.2.4) PUBLIC INVOLVEMENT

Public involvement addresses the state of public participation in Trinidad and

Tobago. This criterion examines the conduct and efficiency of the inquiry or hearing,

and the placement ofinquiries inthe ElA process.

The theme of public involvement is reviewed along the lines of Sewell and

Phillips' (1979) three dimensions of efficiency, equity and involvement. It is based on

open, honest and comprehensive involvement of the public that contributes to an

acceptable project Negotiation that leads ta consensus building and contliet resolution is

encouraged (Warriner, 1997). Seth Appiah-Qpoku (1994) explains that the transactive

theory, underpinning ElA in Canada, is easily transferable to the Third World context as

it focuses on the human experience, on mediation and public participation in the EIA

process (1994). Involvement largely refers 10 Langton's (1978) third tier of citizen

" participation and to the third and fourth rungs of Amstein's (1969) ladder of citizen 47 involvement This is public informing and consultation: "top down" approach, initiated by the govemment ta leam more about the public view on social matters.. However, citizen-initiated input into policy, an "ecological citizenry", is increasingly common

(Warriner, 1997). Maurice Strong (personal interview, JuIy 19, 1997) notes that "citizen level action bas achieved MOst ofthe things since Rio .." Strong highlights the importance of citizen-Ievel action since the 1992 Rio summit, stating that NOOs have exploded particular in the developing world, as people are entrusting govemment with less oftheir resources (persona! interview, Juiy 19, 1997). Eden Shand (1997) suggests that Trinidad and Tobago must he part of National Councils for Sustainable Development (NCSO) which is a UN council headed by Maurice Strong's initiatives that promote participatory activities ..

Sewell and Phillips' second dimension ofequity ofthe process demands that all the stakeholders he involved, with a sure and unifonn opportunity for them to identify their interests.. Assurance ofappropriate treattnent ofthe outeomes ofpublic inquiries is necessary. The issues that are subject ta inquiry are those targeted by ElA and should additionally include govemmental polices and decisions thus allowing a review that may prevent breaches ofacts. This is citizen-level and civil society action.

The government of Trinidad and Tobago's approach to marine pollution prevention through MARPOL involves the full integration of the maritime and wider national community; its policy depends heavily on public participation (Eversley, 1997).

Roger Lankester (in Restant, 1996c) of the Friends of the Earth International (FOEl), speaking at a marina convention in Trini~ made the point that govemment should 48 revisit the concept of integrated coastline management, involving the fishermen who

were there before the sudden marina development.

The literature supports carly and extensive public involvement, particularly at the

scoping, inquiry and comment phases orEIA. Yusuf Ahmad and George Sammy (1985)

include public involvement in their ElA steps for developing countries, not singular step

but case-dependent, as a refleetion of the faet that the optimum timing and format of

effective public participation varies from country ta country. The extent is financially

and temporally limited by the project's environment (Warriner, 1997). Minimal

facilitation ofinformation access and disclosure for public participation further limits the

extent and its efficiency. "Fluid communication is the essentiaI link between good

intentions and the prospect of actually reaIising these intentions" (Strong, persona!

interview, July 19, 1997). There are mechanisms of conflict resolution, such as

mediation, that increase this efficiency in the face of major disputes or ambiguous

guidelines (Lawrence, 1997).

Often, agencies and proponents use public involvement to their own end, simply

ta fulfilliegal mandates with no concern for the sharing ofinformation or the reaping of

local knowledge. Warriner (1997) suggests that there must be a realignment of power

between the "formai and informai nexus of decision-maldng" sa that there can be a

genuine realisation of the goals of public participation, along the fines of Amstein's

ladder ofpublic involvement, aIong a continuum ofpower (p. 123). Uncertainties with

the üteracy of the audience or the futility of hearings in the developing world can be

addressed through appropriate timing ofthe hearing and through environmental education

() (Kumarsingh, persona! interview, January 3, 1998; Biswas and Agarwal, 1992; Tisdell, \ 1 49 1993). Environmental education does not simpLy Mean expensive publie relations

wode. Rather it is an extensive programme for ail ages and levels of the publie in

Trinidad and Tobago (Williams et al., 1973). Public awareness and empowerment is

essential for a national environmental programme in sms (MeElroy, Potter and Towle,

1990).

5.2.5) THE LEGISLATIVE AND INSTITUTIONAL FRAMEWORK

The legislative and institutional framework criterion examines the E1A...related

governmental mandates and the composition of the agencies that are govemed by these

mandates. The legislation, both antecedent and present, the responsibilities and the

requirements of the environmental protection agencies and issues of inter...agency and

inter-jurisdictional interactions are features ofthis framework.

l'bere is reason 10 believe that small economies have specifie problems in policy-making, administrative and management processes other than those problems arising out of diseconomies of scale. On small islands MOst people are either closely related or know each other weIl. This MaY have sorne advantages when it cornes to controlling crime or anti-social behavior. However, in administrative and management matters it creates certain problems. It is much more difficult to formulate and apply policies on their own merits and decisions are inevitably intluenced by persona! and kinship consideration (Hein, 1990).

The Legal and institutional mechanisms for ElA and environmental management

should he developed in all developing countries as early as possible in order te provide a

solid and enduring foundation (Biswas and QuGeping, 1987). The interdisciplinary

nature ofenvironmental problems expects close cooperation and coordination between aIl ( \ govemment departments conceming the enviromnenL There is an obstacle to these 50 interagency connections in SIOS as anonymity in the administrative framework is more

the exception than the rule.

The answer is an environmental data management bank and a single, strong,

central environmental body that is characterized as functional (Ebisemiju, 1993; ~

personal interview, December 26, 1997). Ahmad Khan (persona! interview, December

26, 1997) sees the Environmental Management Authority ofTrinidad and Tobago as this

administrative centre, but notes that this will have to involve all stakeholders, including

NOOs which are currently not a part of the Authority's administrative network. This

agency needs to provide specifie guidelines for ElA, monitor and assess ongoing or

finished activities, and evolve into a watcbdog role. Complete centralization of EIA

activities in the environmental agency is not desirable. Rather, the responsibilities should

be hierarchically decentralized, with coordination of environmental units in a sectoral

institutional framework (operating in conjunction with sectoral legislation) (Ebisemiju,

1993). This hierarchy must he examined to avoid gaps and duplication. Areas where

there are shortages ofmanpower and finance must he highlighted. The National Council

for Sustainable Development (NCSD) is an example of an institutional framework that

can he adopted and adapted to Trinidad and Tobago to perform these tasks. NCSD

creates a multi-stakeholder structure in charge of advising and monitoring sustainable

development plans and POlieies at the nationallevel (~ 1997).

The Environmental Management Authority must he separated from the Ministry

of Planning and Development as it is conceptually incoaect ta have an environmental

authority operating within a Ministry that is primarily responsible for the expansion of

(_.) industry and increasing the productivity base of the economy (Healy-8ingb, 1997). 51 Secondly, the Ministry and the Town and Country Planning Division (TCPD) which

specifically govems the Authority, is not a monitoring agency and as a result it is

inherently incapable of overseeing a functional centre such as the Authority (Shan~

1996a).

The local academic and scientific community should fill any lack ofmanpower or

technical expertise in any department. Trinidad and Tobago does not need a great deal of

foreign technical assistance in the field of environmental management or ElA (Kenny,

1997c). In the event that it is required, local personnel must manage the foreign teams 50

that jobs are relative to the context, new knowledge is passed on and the final work is

assured of being the highest quality (Ahmad and Sammy, 1985; Biswas and QuGeping,

1987). Nazeer Gopaul (personal interview, January 10, 1998) laments the poor repons

that experts produce as they take advantage ofslack working environments and dissuades

transfer of knowledge, unIess motivated. By signing Memorandum of understanding

between nations, the promotion of technical cooperation in areas of environmental

management is achieved by another avenue. Trinidad and Tobago becomes inter-

dependent on international information flow through similar arrangements with nations

and their foreign experts.

ElA requires a legislative prescription that creates an effective legal obligation,

binding to all agencies. The prevailing structure of procedural compliance is judicial

review with wide provision for standing (to bring proceedings in a court for judicial

review) by third parties (concemed citizens or organisations other than the govemment or

applicant). The courts and tribunals are the appropriate bodies to review compliance with (\ 52 the procedural requirements for ElA and third party standing bas not led to a flood of

litigation.

This prescription as such does not ensure that effective environmental

management procedures are developed across the many sectors ofgovemment. A strong

central EIA agency, with a large number of administrational staff and a high level of

cooperation, is the solution. The costs ofthis agency are initially high but are necessary

as surveillance and enforcement procedures are key components to effect ElA (Brown

and Jacobs, 1996). Additionally, an expert, independent and adequately resourced

statutory authority more appropriately performs review of substance and professional

standards in ElA preparation. 8uch an ageney creates links to higher decision..making

levels and maintains trans-boundary and inter-jurisdictional concerns.

This ageney can allow effective environmental protection as there will be close

linkages between the operation of aIl existing Aets that govem environmental issues.

This ensures comprehensive coverage of environmental matters and the avoidance of

duplication. The institutional framework around the eentral authority must similarly

develop interagency cooperation and cross-sectoral input ofinformation, expertise for the

review ofElA. Lawrence (1997) summarizes this as an organisational shift, away from

the rigid bierarcbica1 framework, towards the "multi-stakeholder, open, flexible, action-

oriented networks and learning cells that foster self-development, communications,

experimentation, and learning" (p. 28).

5.2.6) TRlGGER

The trigger of ElA is the motivation of ElA and bas particular reference to

(-') Trinidad and Tobago. The analysis of the local and public opinion in Trinidad and S3 Tobago shows that the orientation of environmental management requires appraisal.

The parameters for initiating ElA. the philosophy behind EIA commencement and

structure, and the attitudes to which ElA results are subject, at severa! levels in society,

feature in the trigger ofEIA.

Why environmental management is put in place and implemented bas obvious

answers. However, other answers appear at the level of the developing world and of

Trinidad and Tobago. Hints to these are the increasing realisation that Govemments are

very occupied with the short term, businesses are tuming to green issues as an attractive

financial pathway, and that citizen-level action is at the root of most global conferences

and initiatives (Strong, persona! interview, JuIy 19, 1997). The underlying motivation is

the root ofsuccessful environmental protection.

The point at which the decision is taken to invoke EIA is critical. It is important

that this decision ensures all proposais that warrant assessment are subject ta ElA. A

detinite and early decision that assessment is not required is needed for proposais not

warranting ElA.

The principles ElA follow (ElA composition) directIy determines ElA initiation.

Proactive environmental management will not need a trigger for ElA as it involves direct

action tbat monitors the development process. Altematively, normative environmental

management and assessment is motivated tbrough response to complaints and to specifie

cases (Brown and Jacobs, 1996). A willingness ta use impacts assessment rather than

where it is legally mandated, an ability "to define the root causes oflocally significant

environmental change and a degree of belief that local action can influence the root

( "! 54 causes", are three effective motivators for adaptive, proactive management (Meredith,

1997).

Common triggers for ElA are supervisory decisions from the Minister of

Environment or the relevant ageney (allowing systematic application of environmental

legislation) and from a list of environmentally sensitive areas and environmentally

significant projects and classes of projects. Such üsts involve categories that specify

levels of environmental significance so that the timing of the trigger for ElA can be

determined.

Scoping and screening are two primary issues in environmental management and

the ElA process. AlI assessment procedures should start with a screening to determine

whether or not a thorough ElA is required. The screening should enable early rejection

of unacceptable projects (OECDIDAC, 1994). This is a formai procedure that inherits

the objectives and resu1ts ofthis criterion.

The trigger for ElA is an important issue in developing countries as ElA has

always been viewed as an Uelitist attempt to force conservation measures on countries

badly in need of economic development" (Brown and Jacobs, 1996). This is the sub­

conscious reality of ElA initiation in Trinidad and Tobago and common triggers

described already help to genuinely begin management of the environment and ElA

procedures.

Measures of screening are particularly applicable in Trinidad and Tobago. AlI

projects, planned or already finished, must he subject to an initial environmental

assessment using simple methads of ElA to determine whether or not there are serious

( impacts. Only projects with serious impacts (potentially or already observed) are further S5 subjected to a detailed assessment, leading ta the preparation of an EIS (Ebisemiju,

1987). This saves considerable time and cast involved in detailed assessments.

Screening evolves into an objective determination of what should trigger forros of

environmental assessment

Eden Shand (1996a) suggests that the TCPD should he the designated authority

for ElA screening and specification, allowing the Environmental Management Authority

to perform the function of a review agency. This process would annuI the need for

political intervention from the highest level to promote action on environmental

management (Kenny, 1997b). Hypocritical views on environmental management in

Trinidad and Tobago by govemment officiais will also be negated, by excluding persona!

discretion and ''under the table" politics (Ramchand, 1997). Specific legal procedures,

enforced completely, will overcome pessimistic, distrustful and conniving attitudes

towards environmental management in Trinidad and Tobago.

5.2.7) SCOPING

The scoping process requires examination based on two ideas: the scope of

management with regards to the issues to he covered and the scope of the stakeholders

and contracting agencies involved. The scoping process is a major cast and time saving

procedure that bas potential in Trinidad and Tobago. Most ofthe other criteria direetly

effect the efficiency ofthe environmental management in Trinidad and Tobago while this

criterion directly affects the cost and time ofenvironmental management.

Scoping begins immediately after the decision is made to conduet an EIA. As

part ofthe scoping process the Icad agency invites the participation ofaffected agencies,

(~ the proponent ofthe actio~ and other interested persans (including those who might not 56 be in accord with the action on environmental grounds). The scope of issues to be

analysed in depth is determined in EIS. Insignificant issues and those previously covered

must be identified and eliminated, with the procedure being documented. Assignments

for the preparation of EIS are alIocated among lead and cooperating agencies't with the

lead agency retaining responsibility for the statement. The timing schedule is announced

at this stage.

The scope of the assessment is a function of the funds and technical expertise

available in developing countries (Ahmad and Sammy, 1985). There is a threshold level

of who is involved and what is to be assessed, below which ElA is no longer effective.

The scope must be assessed for each project in terms ofa balance between constraints of

cost and available information and expertise't and the need for multi-stakeholder

involvement and multi-variable consideration. Ideas from screening can be applied to

scoping of issues and actors involved, with the initial assessment being modified by the

constraints ofthe project.

There is a continuai clarification ofthe main issues involved and a sharpening of

the judgement of the team responsible for the study (Thompson, 1992). Specifie

assessment techniques should be selected to perform appropriate tasks that are issue

oriented and not used simply because they are suggested in any set of guidelines (Brown

and Jacobs, 1996). This results in identification of significant issues, the timing and

extent ofanalysis, the sources ofexpertise, and suggestions for mitigation.

In Trinidad and Tobago, few e~vironmental considerations have been

incorporated in past development actions. Consequently, there is a need to include

....-) existing activities in the scope ofenvironmental reviews (Biwas and QuGeping, 1987). ( , 57 More specificallYt poliey makers must realise that Tobago requires a separate or

specialized environmental poliey ta cope with its expanding tourism market.

Environmental engineer Cathal Healey-Singh (1997) emphasizes that there must he a

distinction between development taking place in Trinidad and in Tobago, recognising

differing scales and types ofeconomies.

5.2.8) MONITORING

Environmental monitoring is practiced in conjunetion with the ElA process as an

additional, subsidiary process and as a tooi that improves the efficiency of the ElA

process. Monitoring encompasses review ofthe results and decisions of ElA along with

the process itselt: The deadlines for standards ta he met and the finality or flexibility

(assuming incremental revision) of decisions are other considerations of this criterion.

Monitoring in Trinidad and Tobago is assessed in terms ofits applicability, acceptability

and its suitable duration and scope.

Predicted impacts need to be compared with aetual impacts and unforeseen issues

identified. This is accomplished through mandatory requirements for environmental

monitoring ta become part ofthe project approval process. Effectiveness and compliance

monitoring are the recommended paths. The former enables agencies to examine the

impact that its recommendations have had on environmental implications of a project.

This improves the effectiveness of the ElA process, ensures that unnecessarily costly

options are not imposed, and unveils secondary and indirect impacts. Cast effective

monitoring is an avenue of effeetiveness monitoring. It allows assessing agencies ta

improve their ability ta deteImine least-cost outcomes for the ElA process. (1 58 Compliance monitoring ensures that conditions placed upon the approval of a

project proposai are being followed correctiy. Flexible and responsive milestones mimic

the environment's reaction to a policy's implementation so progress is monitored through

incremental standards (Brown and Jacobs, 1996). This allows a continuai assessment of

the stage of the project as well as a telescoping of significant issues that are to he

regulated. This also produces long tenu, cost effective outcomes as the project is not

rushed, halted nor restarted upen fallure ta meet a final standard.

There must be yardsticks and timetables ta measure the pace of success, with

explicit targets that commit stakeholders to comply with requirements of environmental

management (Sband, 1997). These are performance standards rather than "go 1 no..go"

gates, incorporating revision and reassessment at cach completed stage (Brown and

Jacobs, 1985). These standards are at best incentives ta meet criteria for exporting

produets, al the most stringent, these are sanctions that ensure compliance.

Planning Minister Trevor Sudama of Trinidad and Tobago agrees on sanctions,

but as the final action, following the opportunity for voluntary compliance (Ramchand,

1997). Voluntary compliance is best achieved through a policy that intemalizes

environmental discipline in the population. Ken Ramchand (1997) asks, '''do we really

have to tell the polluters what they are doing is wrong?" (p. 9). Healey..singh (1997)

states that industry only responds to the financial bottom line: ''no amount ofvoluntary

compliance will bring our industrial export sedor ta meet the next century"(p. 23).

However, fines are not always appropriate in ElA laws as itgives the defaulter the option

of paying and proceeding with the proposed action (Ahmad and Sammy~ 1985). The

Co, overseeing agency must have the power ta balt the development until the necessary S9 requirement bas been fulfilled, or be able te manage the development themselves, al the

developer's cost, in the event of a default by the latter (Ahmad and Sammy, 1985).

These sanctions ensure that EIA is not a paper tiger. They rely heavily on appropriate

standards, as there are real consequences.

The standards must not be accepted on an international basis. There must be

compatible to the region's contribution to global environmental problems and be

appropriate to their environmental circumstances (Rostant, 1996b). Concemed that the

environment should be a barrier to trade, the 1997 Commonwealth Caribbean Trade and

Environment Workshop concluded that there should be different levels ofstandardization

in the Caribbean (Rostant, 1996a). Industry recognises the importance of eco-Iabeling

and other standards for ttade and is slowing tuming green. Does another reason lie in

their recognition of non-compliance with ElA and enviromnental requirements and a

reaction to enforceable sanctions?

5.2.9) ROLE IN DECISION·MAKlNG

The mie of EIA in the decision-making process constitutes another measure of

environmental management in Trinidad and Tobago. The cnterion bighlights the

procedure in which decisions that affect environmental management and EIA are made in

Trinidad and Tobago. The finality ofdecision at different hieraIChies and the conception

of ElA at these levels reflect attitudes towards the principles of environmental

management. Using this ninth criterion, one is able te determine whether environmental

protection is ecologically based (responsive and retlective).. Iudging the awareness ofthe

nature ofElA and its true political effectiveness ifthe taol is used in the right manner as () 60 weil as the potential of the tool for revising the decision-making process are other

facets ofthis criterion.

ElA must not he a teehnical exercise divorced from the actual project design. It

must act as a tool and procedure to ensure tbat adequate environmental considerations

enter into the decision-making process (Ebisemiju, 1987). ElA appropriately shapes

policies, programmes and project decisions once there are mandatory guidelines for the

proponents to take the recommendations of the ElA into consideration and incorporate

them into the final design. There should be an EIS before the final design is produced,

effeetively integrating ElA into the project design cycle (Ebisemiju, 1987; Ahmad and

Sammy, 1985).

Through its legislative bonds with the planning process, ElA is a worthy

consideration in decision-making. Environmental management and monitoring are aIso

vital inputs through this legal promotion. A central ElA authority is necessary for the

effective operation ofElA as an advisory process. ElA MaY exist as an approval process.

However, these systems tend to provoke an "exclusionary process" for ElA, by

govemment Final decisions are heavily politicised. The influence ofElA is dependent

on its effective integration from an early stage in the decision-making. It must generate

sufficient public and private sector knowledge, debate and qualitative research te become

a powerful part ofdecision-making.

Decision-makers can readily digest and make use ofinformation rather than data.

ElA reports should he presented in a simple form, extracting the tangible and becoming

lcss mechanistic and more interpretive to the type of information needed by decision-

". f makers. This eatalyzes rational decisioDS. 61 Chapter 6: DETERMINING THE CURRENT STATE OF

ENVIRONMENT MANAGEMENT IN TRlNIDAD AND TOBAGO.

The sea smelled ofswamp; it barely rippled, had glitter rather than colour; and the heat seemed trapped below the pink haze ofbauxite dust tram the bauxite loading station. (Naipaul, 1976, p. 9)

Trinidad and Tobago has a less than proud bistory ofenvironmental degradation.

The conflict of economic sustenance and environmental integrity is a unifying characteristic of the degradation. This section deseribes results of ignorance of sustainability through a review of a number of key environmental problems in Trinidad and Tobago.

A heated issue ofenvironmental concern is the rice farmer conflict in the Nariva

Swamp, on the East Coast ofTrinidad. They are squatters on state land and degrade the semi..marine environment as they irrigate their paddies, drain the swamp and jeopardize the endangered manatee; however, these farmers produce one third ofthe rice produced in the country. This is one ofmany issues that have loomed unresolved since the 1960s in Trinidadand Tobago.

Most reeently there bas been great debate conceming the proposed construction of a highway along the north coast ofTrinidad, through untouched rainforest, between the fishing villages ofBlanchisseuse and Toco. The goal is ta connect the northeastem tip of

Trinidad 10 the capital on the western coast 50 that a shorter ferry service MaY he established between Tobago and Trinidad. The Minister of Works, the acting Prime

Minister at times, is very vocal and persuasive about commencing the project, ignoring considerable objection and anger from ail the affected. stakeholders. 62 There are many other events that exemplify this conflict between the protection

ofthe environment and economic development. Quarrying in 1981 destroyed areas ofthe

world renowned Asa Wright nature centre and bird sanctuary. Quarrying aIso caused the

spoilage of the Lady Young Hill overlooking the capital in 1976.. A resident mining

company is destroying Krondsat Island off the Chaguaramas peninsula In 1977, the

Shell Barge Pelican ran aground in the Blue River of the Caroni Swamp, seriously

affecting its fragile ecosystem.. The Alcan Bauxite transshipment station continues ta

visibly pollute the Carenage Govemment flats that border Chaguaramas.. The list is

endless and they are all issues that caused some temporary alarm, that were not resolved

and tbat have continued uncheeked.

Solutions are available ta many ofthese confliets.. In 1994, an ltalian study made

recommendations on the riee growing potential of parts of the Nariva Swamp, in an

ecologically sustainable rasmon.. At about the same time, the Federal Agricultural

Organisation (FAO) stated that this option is restrieted as it is too eostly. The use of an

EIA to validate the elaims could reduce the conflict and promote sustainable

development..

A link was made between an expanding marine industry and the unsatisfaetory

water quality in Chaguaramas. This appeared 10 be a classic devetopment versus eeology

struggle. An ElA was used as the tool of remediation rather than one of prediction.

Results indieated that the bay pollution was from point sources on the land, faulty sewage

plants, and not from the yachts and the marina operations as fa1sely predicted (James,

1997). In addition 10 the Nariva Swamp example, this highlights another need for

(-", environmental management There will be no real solution ta the continued confliet of ~ 63 sustainable development without management, as either the real polluter will not pay or

be targeted, or the polluter or developer will not be instructed to follow the sustainable

path. Principle 17 ofthe Rio Declaration on Environment and Development endorses the

universal application ofElA "as a national instrument" (McNeely, 1994). Sadler (1993)

states that there is a clear role for ElA in the implementation of "national sustainable

strategies" (p. 30). McShine (1988) hints at the Trinidad and Tobago context by

supporting that ElA is a process that "can assist in achieving balanced growth for our

country" (p. 2).

In March 1976, a gigantic ail spill from one of the oilrigs off the East Coast of

Trinidad was "cleaned up" by chlorinated hydrocarbons. Two months later a similar spill

occmred and once again questions arase as to the occurrence ofa second massive tish kill

(Laird, 1977). Twenty years later the Environmental Management Authority (EMA)

reported severa! tish kills in rivers and the near shore marine envîronment, blaming

organic solvents and chlorinated hydrocarbons (Kaca1, 1997b). In 1977, Laird stated that

''until the Trinidad and Tobago govemment cm he persuaded to pass strong and

meaningfullegislation in the face of multinational corporate pressures, the degradation

will continue"(p. 3). Two decades 1ater, in 1997, the Authority promises tbat it is in the

hest interest of companies to comply with their requirements or they can he evicted

(Kacal, 1997b).

This illustrates that there is a national recognition for improved environmental

protection procedures and the need for reform of the necessary legislation.

Unfortunately, it also shows that there bas not.been any improvement in environmental

() protection since 1977. Is this a result ofthe incorrect implementation or absence ofthe 64 legislation that is needed ta proteet the environment? Or are the policies tlawe~

misdirected and strayÏDg from the aim of preventing pollution of the environment and

promoting the sustainable development of the resources of Trinidad and Tobago?

Environmental assessment is a discipline that bas arisen ftom man's lack of self·

discipline (Fardage, 1990). Is a secondary process that appraises or "disciplines" the

assessment mechanisms and policies necessary in Trinidad and Tobago? There is an

urgent demand for environmental management in Trinidad and Tobago; however it is a

need for effective and appropriate policies and initiatives.

6.1) Environmental Management in Trinidad and Tobago

The participation ofTrinidad and Tobago in the 1972 United Nations Conference

on the Human Environment (UNHABITAT), held in Stockholm, heralded distinct signais

of changing ~tudes towards the environment. As the nation approached its tenth

anniversary, there was an emergence of new tbinldng in policy-making towards

qualitative goals rather than Mere quantitative targets. One major aspect of these new

perspectives was "a greater awareness of the enviromnental consequences of

developmental actions" (Williams et al., 1973, p. iv). This growing awareness was

reflected in the formation ofsevera! environmental agencies and environmental contraIs

throughout the 19705.

The Society for the Conservation, Appreciation and Promotion of the

Enviranment (SCAPE), inaugurated in 1972, was one ofthe first purely conservationist

groups inTrinidad and Tobago (Wù1iams et al., 1973). A more militant environmentalist

" 1 group formed ECO One in the mid 19705, concemed mainly with environmental 6S education, town planning action committees and citizens' representational groups

(Laird, 1983). These groups and others used mediums such as the Trinidad Naturalisr ta

voice their concems. There are now a number ofsimilar groups that were established in

the 19805 and early 19905 in Trinidad and Tobago, including the Pointe-a-Pierre Wild

Fowl Trust, the Toco Foundation, the Council ofEnvironmental Presidents, Environment

Tobago and Watehdogs of the Environment These are environmental non-govemment

organisations (NGOs) that have the common goal ofsustainable development

There are a number of independent consultancy firms. Rapid Environmental

Assessment (REAL) was one of the first of these organisations, formed in 1992. Its

image was an independent and objective ageney, free ofthe biases of other authorities

that condueted environmental assessment at the time (Rampcrsad, 1992). Sïnce then over

ten eonsultancy firms have begun operations, including EPAS Consultants and ECO

Engineering, two other firms contaeted during this research.

The Institute of Marine Affairs (IMA) is the largest and most established ageney

for eonducting environmental assessments in Trinidad and Tobago. It i5 largely a

research institute that comes under the jurisdiction ofsevera! Ministries (MeShïne, 1988,

p. 25). The IMA along with the Environmental Management Division ofthe Town and

Country Planning Division (TCPD) conduet MOst of the assessments, with some

competition for the developers' tenders !rom the mentioned NGOs.

As enVÎIOnmental management agenciest the main tool ofthe NGOs and the IMA

is ElA. The results and reports are supervised by the central TCPD with its subsidiary

authority, the EMA. These agencies operate within a legal framework tbat is over ninety (1 S Bi monthly magazine publisbed in Trinidad and Tobago 66 years 01d, with the majority oflegisIation regulating the use ofthe coastal environment

being formed in the early 20th Century. This includes the Mines, Borings and Quarries

Act of 1907 and the 1916 Forests and Fisheries Act (MeShine, 1988, p. 35). The

framework bas evolved very slowly from the environmental thrusts ofthe 19705 ta the

events of1995..

A number of anti-pollution acts were adopted in the 19705, including the 1973

Chaguaramas Development Act, the 1973 Anti-Litter Act and the 1979 Pesticide and

Toxic Chemica1s Act, with few aets being enacted or revised after 1980.. In 1986, the

Archipelagic Waters and Exclusive Economie Zone Act was enacted and tinally, the

Environmental Management Act of 1995 (McShine, 1988, p. 32). There bas also been a

procession of Government Anti-Pollution Councils (1973), Pollution Control Councils

(1975), Environmental Monitoring Agency (Ministry of Health 1981).. This trail of

central environmental bodies continues with the Standing Committee on the Environment

(1986), the Environmental Protection Task Force (1988), the Ministry of the

Environment and National Service (1989), and Environmental Management Division

(Ministry of Planning and Development 1991) (Rudder, 1989, p.. 44; Laird, 1983, p.. 3).

Presently, all fifteen Ministries have responsibilities for some aspects ofthe environment,

whether it be ecologica1, social or economic..

The Environmental Management Authority

In 1994, a USS1.0S million budget was granted to the Ministry ofPlanning and

Development from the Govemment ofTrinidad and Tobago and UNDP ta support the

establishment ofthe Environmental Management Authority over a two year period. Later

'. that year, the Ministry ofPlanning and Development received a U8$11 million 1080. ftom 67 the World Bank for Environmental Management Project (ECLAC, 1997). In June

1995, the Authority was established as a statutory body by the govemment of Trinidad

and Tobago under the Environmental Management Act, No. 3 of1995 (EMA, 1996c).

The Authority was created te provide a comprehensive and integrated framework

for protecting, cODServing and enhancing the environment ofTrinidad and Tobago. The

Act not ooly established the Authority, but it set out its functions and provides for an

Environmental Trust Fund and an Environmental Commission. The responsibilities of

the Authority include: building the core units essential to the delivery of the national

environmental programmes (capacity building); working with and coordinating

participating agencies, stakeholders, and regional and international organisations;

increasing public awareness and participation; and preparing and enforcing subsidiary

legislation for environmental management.

The Trinidad and Tobago Environmental Management Act (1995) is the most

impottant piece of legislation ta he enacted within this framework in the past twenty

years. The Act came mto effect in March 1995 (EMA, 1996c). Many provisions ofthe

Act require subsidiary legislatioD, including the formulation of Certificates of

Environmental Clearance, Codes ofConduet and various emission standards. There is a

draft National Environmental Policy (DNEP) in final revision that forms another piece of

this new legislatioD, preceding a National Environmental Management Policy and Action

Plan (NEMP &. NEAP).

The Act emphasizes the need for sustainability through management that

constitutes a shared responsibility and that requires the co-operation ofpublic and private

(-~,. sectOIS. The objectives include the promotion of environmental awareness, the 68 enhancement ofextemal and intemal integration, and the catalyzing ofsubsidiary but necessary laws and legal environmental machinery. lbese objectives are similar to the objectives ofthe Authority, as the Act is also the prelimjnary mandate for the Authority.

The DNEP includes the other established principles ofprecaution and public participation

6 with the addition ofthe non-transfer principle •

The Evolution ofthe Environmental Management Authority

Since its foundatioD, the Environmental Management Authority bas been severely criticised. Opposition Senator Nafeesa Mohammed bas called it a coalition ofconfusion, denouncing its composition ofpolitical appointees that accomplished litt1e in its first 18

months of existence. The Authority's focus, objectivity and timing were faults

highlighted by numerous erities. Supervisory Minister Trevor Sudama, along with bis

usual adversary Senator Julian Kenny, repeatedly stated that the Authority was not

delivering on its investment and that refonns were necessary. A new board of locally-

based directors was appointed in August 1997, taking over from a Canadian-staffed team

ofconsultants headed by Patrice LeBlanc (Restant, 1997b).

The 1996 State of Environment report, released in December 1997, was bener

received than the inaugural 1995 report. Several projects set to attain air and vehicular

emission standards were underway in January 1998, and there was a visible public

awareness and education campaign folIoWÏDg these positive changes. This is evidence

that the Authority is finally on the right track, recognizing its faults, overcoming its initial

barriers and beginning to fulfill its mandate. However, did the Authority simply respond

well 10 the criticism or is the change a result of poIitical pressure? Did the Authority

6 The solution ofa problcm in one medium sbould Dot be achieved by ttansfming the pollutams to another. 69 simply react to the pressure or were they proactive in determining the possible causes

ofthe pressure? These questions must be asked because an agency cannat advertise for

and conduet proactive environmental management schemes when it in itselfoperates on a

reactive basis.

Another cause for coneem, given the seemingly recent positive changes, is the

philosophy and attitude ofthose that govern the Authority's oPerations. A recent motion

in the senate by Julian Kenny ta amend a section of the draft National Environmental

Poliey, to focus on environmental pollutio~ was blatandy disregarded and removed from

the record of proceedings for the day. Government replaced the last paragraph of

Professor Kenny's motion with their amendment This was denounced by independent

Senator John Spence as being a political strategy that negates the thrust of Professor

Kenny's motion (Boodhoo, 1997). Independent and opposition Sena10rs accused the

govemment of"political immorality", with amendments passed by Govemment to simply

malee them "look good" (Boodhoo, 1997). This is not an extraordinary circumstance but

an example of regular behaviour in senate proceedings with regard 10 environmental

motions and issues. Professar Kenny bas raised the issue of the environment on four

occasions during bis tenure and little bas been donc by way ofGovemment poliey in that

area (Boodhoo, 1997).

Additionally, Ken Ramchand (1997) writes about an example of hypocritical

government attitudes. Minister Trevor Sudama preaches on the need for countries to

implement programmes according ta their situations, capacities and priorities, yet

disregards an argument by Senator John Spence 10 focus on the problems ofTrinidad and r- '\ Tobago and not be concemed with removing ozone layer depleters (Ramchand, 1997). 70 Minister Sudama aspires for sustainable development, emphasizing the need to balance the imperatives ofdevelopment and environmental sustainability. Yet, there is no sense ofthe need for an organic relationship between environmental concerns, social injustice, social well-being, and economic development in bis lengthy and subsidiary speech al the

1997 Earth Day Conference in Trinidad and Tobago (Ramchand, 1997).

6.2) The Case Study

The ElA of marina development on the northwest peninsula of Trinidad and

Tobago provides a specifie case study through which ta examine current ElA practices.

Based in Chaguaramas, the !MA is at present eondueting an ElA on marina operations and their continued expansion for the landlord of Chaguaramas ( Chaguaramas

Development Authority) and for its own research purposes. The IMA is using a combination ofUNEP guidelines and its own policy while attempting to meet criteria set out in the recent Environmental Management Act and National Environmental Paliey.

The ElA underway is a representation of current environmental assessment, tailored to meet the new environmental management legisIation. 71 Cbapter 7: THE CBAGUARAMAS CASE STUDY

The Bocas. Charles Kingsley (1890)

The Gulf of the purest ultramarine, just wreathed into a smile and no more; on the right band the MOuntains ofCumana with their summits lost in the clouds; on the left the immense precipices of Trinidad covered ta the extremest height with gigantic trees which seemed to swim in the middle ether; the margin fringed with the evergreen mangroves, which were hanging with their branches bathed in the water, and there themselves rising out of the midst of the soft waves; behind us the four mouths ofthe Dragon ofColumbus with the verdant craggy isles between: ... (Henry Coleridge, 1825)

The financial potential for tourism in Trinidad is weU recognised and the pace of development is approaching that experienced by the more popular tourist destination of

Tobago. Continued support for tourism as an ecanomic activity is retleeted in

Govemment policies and programmes from year ta year. In the Medium Term poliey

Framework 1997-1999, Govemment bas stated that:

It will continue to focus on the development oftourism including cruise tourism with. a view ta the establishment ofhome portiDg facilities, while the development ofyachting and marina infrastructure will be eDhanced (James, 1997). 72 In Trinidad, the boom in yachting aetivity in Cbaguaramas is a primary

development of its tourism industry within the last tive yean. The environmental

implications of this development bave gone unchecked until 1996 when the scientific

baseline studies began as part ofan ElA ofthe Chaguaramas marine industry.

7.1) ne Geography

Chaguaramas, an Amerindian word for "The Land ofthe PaIms", is located at the

northwest peninsula of Trinidad, an area of 5 868 hectares (Lee Assang, 1997).

Chaguaramas is an extension ofTrinidad's northem range and includes a group ofislands

that bridge this peninsula to the Paria Peninsula ofVenezuela. Columbus described this

straight as blunt, calling it Cape Boca. The islands divide the channel between Trinidad

and Venezuela into three Bocas (Mouths), with Cbacachacare Island of Trinidad and

Patos Island ofVenezuela forming the Grand Boca (Large Mouth). Ocean currents tlow

out through these channels into the Caribbean Sea. Columbus's square-rigged ships were

unable to navigate through these narrow channels and on the evening ofAugust 12, 1498

the Santa Maria, the Vaqueno and the Correo dropped their anchors in the safe bay of

Chacachacare, (named El Caracal or The Snail by Columbus) (Thérese, 1998).

Chaguaramas bas the driest climate of the island, with distinct vegetation, sail

horizons and endemic spccies ofbirds and monkeys. In tàct, (Eggs) and Monos

(Monkeys) are the names oftwo ofthe other larger islands. The 1980 Systems Plan lists

Cbaguaramas among its proposed national parks (Boer, Preston and Lucas, 1996). Their

justification for this was that the area represented:

/' ") 73 the most outstanding terrestrial and marine ecosystem in the country. It provides a unique habitat for a number of species that are rare and threatened. The rugged terrain coastlands and small islands are the most scenic landscape in the country and the vegetative cover on the small islands and in the peninsula is the only remaining samples of this vegetation type within the country. Coral formations in Macqueripe Bay7 and around the islands" are also identified as the only ones oftheir kind in the country (Boer, Preston and Lucas, 1996, p.28).

The Monos Boca. Charles Kingsley (1890).

7 Recreationa! Beach on nordl coast ofTrinidad, facing north west. 74 Figure 9:

IIAP OF PENINSUU AM) OFF-SHORE ISlANDS SHOWING TOPOGRAPHY Of THE AREA.

C:J,ur L.­ ~SItD~

-. •N

7.2) History and Development

The early history of Chaguaramas, substantiated by names Iike Macqueripe and

Chacachacare, dates back to Amerindian occupation between 100 and 400 A. D. Three

hundred years ofSpanish rule ended in 1797 when Spanîsh Real Admirai Apodaca, after

being harassed by the British and finally outgwmed, scuttled bis fleet in the Chaguaramas

Bay.

During the late half of the ISdl Century, Cbaguaramas supported a thriving

wbaling industry. In 1941 it became a strategie location at the source of the Nonh

Atlantic convoy route. The peninsula was one of the eight-famed World War n

"Destroyer Bases" which the British Govemment had surrendered ta the United Sates for

tifty over-aged destroyers. In 1943, Chaguaramas becamc a fully operational US naval 7S base with a population of30 000 American troops. One ofthe most popular songs of

this period, a pastiche calypso, sung by the Andrew Sisters, went as follows:

Drinkin' mm an' coca-cola, 8 Goin' down Point Cumana , Both mother and daughter Workin' for d Yankee dollah. (Bickerton, 1962, p.53)

The end of the war and the advent of the nuclear age meant a decline in the

importance ofChaguaramas and the Americans left in 1967. In 1972 Chaguaramas was

once again opened to the public and came under the care of the Chaguaramas

Development Authority (CDA).

Chaguaramas is a national p~ with hunting and forestry prohibited. There are

no substantial residential districts on the mainland Cbaguaramas while the islands are

dotted with homes and cottages. Chacachacare island hosts ruins ofa Ieper settlement

and an outpost for the Army and Coast Guard. The Coast Guard and Anny are aIso based

among the ruins of the US naval base on the mainland. There are nightclubs, a golf

course, a muse~ several public beaches, and a large mariDa industry on the mainland as

weIl. This industry is composed ofsix marinas that are home 10 yachts and motor boats,

of local and foreign ownership. These are grouped together on the leeward side of the

peninsula, in Welcome and Chaguaramas Bays, facing the island homes. There is a small

fishing industry, the Almoorings Fishing Cooperative that is overwhelmed by the

neighbouring reereational boats. Figure lO shows the Crews Inn Marina, the most

upscale facility in Chaguaramas, becoming popular for its restaurants, shops and for its

Hollywood visitaIS. Figurell shows the area where these marinas are concentrated. (\ 1 Point Cumana lies on the edge ofthe Chaparamas Nawl Base, DOW National Park. 76 Figure 10 77 Figure Il

Sketch: Doyle. (1996, p. 54). Cruising Guide 10 Trinidad and Tobago. Cruising Guide Publications.

7.3) Yachting Boom

... 1can see up ahead past Centipede IsJand into Chaguaramas. What was once a sleepy bay surrounded by mangroves and used by a few fishermen i5 nowa busy marina (Willie Pinheiro, 1996, p. 4)

9 Foreign yachts have always Ianded in Trinidad mainly al Camival time , mid

February, in the middle of the dry seasOD. It was not until the late 19805 that Trinidad

was truly discovered as a year round yachting destination. Glikson and Hoover (1988)

refeued to Trinidad as the best kept secret in the Caribbean. Prior ta this the southem

ils original fo~ Camival was a Iast fling before the Lenten austerities-f!om "came vale", a fàrewell 10 ,/ 'In ~ 1 ! meat-but in Trinidad the fcast bas become whoUy and is DOW merely an excuse for ostentatious display (Bickenon, 196~ p.27) 78 destination was Venezuela, but faced with a number of problems in Venezuela,

Trinidad became the new, POpular destination.

ln 1990, 65 yachts visited Trinidad and in 1996, 2 552 yachts berthed at

Chaguaramas (James, 1997). This is a record offoreign arrivals ftom the Customs and

Immigration Department and does not account for the local population and the departures over these six years. Occupancy at aIl of the marinas is near capacity during the rainylhurricane season, with the newest marina, Crews Inn, averaging ninety per cent capacity in its first year of operation (Sabga, 1996). There are now two peaks in the monthly yacht population in Trinidad and Tobago as shelter is sought for the hurricane season from May to September, and there is the Camival attraction from January to

February (Figure 12).

Figure 12: T&TY.cht Population 1917- 98

1200

1000 1800 '0 ~ 600 J E 400 ~ Z 200

0 ~~~--~~~-~~~~~*-­ Mantha

Source: Yacht Fipres. (1998). Uapublished data pmvided by the Customs and Excise Division ofTriDidad aad Tobago

• 79 The Reasons for the Boom

The statistics of figure 12 are only surprising in that this yachting boom was so late in coming. Chaguaramas is an acclaimed refuge for boats for military and recreational purposes. After the ralI of Norway in April 1940, the Norwegian

Govemment fled to London and word went out ta aIl their merchantmen everywhere:

"Gather together until the situation stabilises in the habour of Port of Spain, Trinidad"

(Mariner, 1988). In 1940, over 500 ships were anchored in a large natura! habour that is easy ta protect, in an excellent geographic location, at that tinte being along the Panama and Cape of Good Hope convoy route, and with a stable and friendly Govemment with adequate domestic oil supply.

The reasons for the recent boom in recreational yachting" are similar and as attractive. Trinidad is below the hurricane bell, allowing yachts to anchor there with

lower insurance premiums, in new harbours. A highly industrialized economy in close

proximity ta South Ameri~ with diverse local marine industry and excellent marina accommodations, results in thousands of yachtsmen either storing or conducting repairs

on their hoats for months at a tîme. Docking, repairs and other maintenance costs are

lower in Trinidad than in ather Canobean islands. Trinidad boasts a 200 tonne marine

travelift (for yacht outhaul), the largest in the Caribbean. LocaIly grown teak is available

al the highest quality. The island is English speaking. The exchange rate is extremely

favorable, the user fee of$25 US per day al most marinas is competitive, the people are

friend1y and welcoming, there is good govemmental treatment, and the area is almost

crimefree. 80 Unfortunately, other benefits tbat Trinidad offers are the lack of strict

enforcement ofenvironmentallaws. Boats are not required 10 make use oftheir onboard

waste settling tanks, they are allowed to used cheaper and more efficient toxic paints on

their hulls, there are no penalties for the dumping of sewage and other waste, and no

restrictions on anchorage sites around the island. Visiting yachtsmen enjoy the absence

ofthe plethora of rules that characterise northern marinas, yet they aIso encourage self-

policing ta ensure safety at sea and the prevention of commercial shipping and

environmental interferences (Neel, 1998).

Subsidiarv and Future Development

There bas been simultaneous growth in the support services sector. The area now

bas six marinas / boatyards, a number ofboat maintenance, repair, berthing and storage

facilities, electronic services, general marine supplies, marine insurance, sail making,

upholstery services, banking and restaurant services and a port entry, as a Customs and

Immigration Department is located in Chaguaramas. The marine industry had revenue of

TI $80 million in 1996 (James, 1997) and continues to growas the demand increases,

underlining the central role that touriStn bas in the sustained revival of the national

economy.

In Chaguaramas severa! projeets have been approved by the CDA. These include

the construction ofa boardwalk, a 30-foot quay along the waterfront, an ccO-lodge, a US

51.6 million Chinese restaurant and another upscale marina. These projects are a US

516.6 investment overthe next five years, adding 100 small businesses and 2000 jobs to

a cruiser industry that aIready directly employs 600-800 people (Alexander, 1996).

/ ! 81 These are signs of a healthy and growing economy, good news for any

developing country especially as there is a foreip currency income. Along with these

private sector ventures, the govemment is becoming increasingly involved. There are

promises offinancial support for these projects as the public services are upgraded. It is

hope~ however, that these initiatives explicitly recognise the environment in which they

are set, keeping with the govemment's agenda for sustainable development of its

precious resources.

7.4) The EnvironmentallmplicatioDS

A signfficant increase in the yachting industry directly affects the environment in

many ways. Foresight to environmental degradation in Chaguaramas may be gleaned

from the experience ofthe Rodney Bay Marina in St Lucia. In May 1996, there were 244

boats (including 32 charter and 60 catamarans) in the harbour, which translates ta

upwards of1 SOO people. There were 10 toilets, 3 showers and one garbage unit. This is

one of the more popular and well-established marinas in the Caribbean that bas not

experienced such a large increase in populatio~ yet there is great environmental concem

which, in fact, initially sparked an interest in the thesis research.

Simîlar and exaggerated scenarios are being developed in Trinidad and Tobago

and the implications for the environment are equally degrading. Potential impacts

include increased coliform hatteria levels from sewage efl1uents, leading ta bacteria!

contamination ofthe water quality al residential boat sites (Turner et aL, 1997). Nutrient

enrlchment of waters where marinas are construeted leads ta excessive growth of

(-, attaehed macrophytes and the occurrence ofalgal blooms (approaching eutrophication). 82 Significant leveIs of toxic inorganics (including Toëutylin), heavy metals and hydrocarbons result from the use ofantifouling paints, cleaning products and from engine operations. Increased sedimentation and decreased circulation patterns occur with the construction and operation ofthe marina (McAllister, Overton and Bril, 1993).

These parameters produce a hypoxic water column that promotes anaerobic conditions and increases the susceptlëility of aerobic organisms to other environmental stresses. This problem of low dissolved oxygen in the water column is enhanced in

Trinidad as a peak in the yachting season coincides with the dry season, in January and

February. The hot, dry season decreases the fresh water runott: not ooly increasing the temperature but also the salinity of the water column. With the added conditions of stagnant water and rich nutrient levels from sewage, an anoxic water column is soon produced. These environmental impacts can aIso aIter the secchi depth and turbiditylO of the water column,. changing the fauna and tlora assemblages drastically (McMahon,

1989). The increased flow of Orinoco Water in the wet season not ooly lowers the salinity ofthe waters ofCbaguaramas, but also produces extra loads oforganic nutrients and sill. Coinciding with the largest peak in yachting arrivais (the hurricane season), the environmental impacts noticed in the dry season are exaggerated.

Yachting and the Environment: Conflict?

Observations made at Chaguaramas, at the time the boom was occurring, are similar to the possible environmental impacts caused by poor marina design and

management and a link was prematurely inferred. Increased attention was paid to the

impacts as not just the environment, but a local fishing industry and the larger public

10 secchi depth and turbity refer to the clarity ofthe water column 83 were aIso affected. The yachting contlict seemed to typify the notion of a development, catalyzed by foreign wants, exploiting a developing country of its pristine environment and its inadequate environmental contraIs.

7.S) Environmental Management ofthe Impacts ofMarina Developments

This is a chronological description of the case study using sorne of the nine criteria already discussed. It is necessary to use sorne ofthese criteria in arder to provide specific information for discussion in the following cbapter. The criteria that are used are not in the same order as in ather chapters because this section describes the progression ofthe case study ElA.

The Trigger ofthe Case Study

The Cbaguaramas study was triggered by public outcry in the newspapers. Civil society in Trinidad and Tobago bas some power to initiate environmental assessment if the advocates are aggressive and persistent. Disgust over the situation was voiced, mostly and not surprisingly from the general public, and sparked the creation ofa number ofinitiatives. In an attempt ta address the issue ofwaste management in the recreational boating industry, five investigations saon commenced "to assess the impacts of the yachting industry in the northwest peninsuIa of Trinidad" by members of the research unit of the Institute of Marine Affairs (IMA). These investigations compose the prelirninary activities of EIA as they are the baseline, scientific studies and the scoping phases. 84 The Seop;", ofthe ClISe Stlldy

The five IMA studies are under the umbrella of Investigations to Assess the

Impacts of the Yachting Industry in the Northwest Peninsula of Trinidad. The unpublished studies are: Observations ofCirculation Patterns in the Region of Point

Gourde., Chaguaramas, Trinidad, by Nazeer Gopaul and Frank Teelucksingh;

Bacterio[ogical Surveys in Welcome Bay and Chaguaramas Bay, by Christine Bullock;

Water and Sediment QuaIity in Welcome Bay and Chaguaramas Bay, by Linda Sudama and Kishan Kumarsingh; A Socio-Economic Assessment ofthe Yachting lndustry in the

Northwest Peninsula of Trinidad., by Lisa James, Susan Shurland-Maharaj and Roget

Bibby; and Environmental Management ofthe Chaguaramas Area - Legal Aspects, by

Allan Goodridge.

The IMA used a selective list ofpredicted significant issues in their examinations.

This is a subjective procedure that bas the potential for excluding unforeseen or secondary impacts ofthe Chaguaramas development (geomorphologic or terrestrial biota disturbances), but given the circumstance of time restrictions and it being a post­ development study, they are appropriate for the short-term study.

The IMA used the scoping principles ofthe UNEP guidelines, which recognise all participants of the ElA process, but realises that only appropriate persans and groups should he involved in the Cbaguaramas study. This produced an efficient process in terms oftime, cost and effectiveness. The groups involved in the !MA studies include

the marinas and businesses ofthe Trinidad Yacht Club, Yachting Association, Crews ~

Peakes Marina, Powerboats, International Marine Services, and Tardieus. The residents 85 of the island homes and cottages as weil as the nearby town of Carenage were exempted due to the cost and time restrictions ofthe study.

The socio-economic survey ofthe IMA questioned 102 yacht owners in the seven boat yards/marinas listed prior, with the most information coming from Powerboats (36) and Peakes (21). It aIso included interviews with 39 business persans via a questionnaire form at these marinas and at business establishments located outside these yachting facilities (comprised 18% of responses). A full EIA of Chaguaramas will include these stakeholders as weil as the larger public and their concems (Lisa James, personal interview, January S, 1998). rhe Conceptual F,amewo,k ofthe Case Study

One infers trom this scoping procedure that the IMA is concemed with the collective impacts ofa project and extends their ecological boundaries to include them.

The boundaries of concem in Chaguaramas are permeable (naturally and for the preliminary assessment). Ali aspects ofthe environment were examined (legaI, physical, socio-economic, cultural and ecologïcal), and the entire atfected peninsula was studied.

However, there are inadequacies in the total conceptual framework of the study.

Each hierarchy ofthe development was not examined. The resident CDA, Coast Guard, nightclubs, AImoorings' Fishing Cooperative, Yachting Services Association ofTrinidad and Tobago (YSATI) and the IMA itselfshouId have been included in the IMA survey.

The methods ofscientific inquiry or examination did not account for the diverse classes of the respondents or environments in Chaguaramas. Finally, the yachtsman survey should have included open-ended questions with the struetured classes of answers for each question ~ 1998). This approaches an organic structure as it elicits unexpected 86 responses and bas the potential for rninirnjzing unforeseen impacts. Ideas from coopter

five must he folly incorporated into environmental management of COOguaramas to

improve the long-term effects ofdevelopment.

Stepping away from this, there is a misconception associated with Chaguaramas

and with the Chaguaramas Development Act tbat determines the evolution of the area.

The area is known as Cbaguaramas National Park and this sends a wrong message to the

public about what a national park is meant to encompass. At the moment, there is a

concentration ofcommercial and industrial buildings and intensively developed shipping

and marina facilities. Furthermore, the specifie functions ofChaguaramas Development

Authority, within the broad mandate ofthe Act, are development oriented. [t operates as

an autonomous management authority whose statuary mission has a strong commercial

direction. Environmental management ofthis ·1léltional park" is hindered by a biased and

potentially antagonistic mandate and goveming body. The fonnulating concept of the

legal and institutional framework ofChaguaramas needs reforming.

Composition oflhe Case Sludy

The guidelines followed in the Chaguaramas study are unavailable for review.

An Environmental Impact Statement (EIS) or a scbeduled EIA framework bas not been

released following the results ofthese investigations. The final guidelines ofthe !MA are

a refiection ofthe particular process and its evolution, and the study is unfinished. The

extent to which the MARPOLIl requirements are incorporated and the question of

assessing an already developed environment are fcatures that shape [MA guidelines of

the case study. 115 review is ooly possible at the end ofthe ElA process.

/

t l The International Convention for the Prevention ofPollution ftom Ships, otherwise known as MARPOL. 87 The results ofthe tive studies are not published as yel Information about the

studies was gamered from a symposium held in November 1997 by the !MA, and

through interviews with the available proponents ofthe studies. The guidelines and level

ofassessment ofthe studies are interpreted from thîs.

The clarity and certainty ofthe results ofthe studies are poor. A non-transparent

level of assessment, uncoordinated studies and barriers to information flow are

difficulties ofthe interpretation ofthe process that the !MA followed. The absence of a

published study, with a subjective presentation of results prevents a comprehensive,

detailed and objective realisation of the steps of the process. Two studies on the

bacteriological composition ofthe waters ofChaguaramas and three surveys ofthe socio-

economic status ofthe area are available. They are a 1994 CDA commissioned study and

the 1996-97 !MA study of the bacteriological content, and a 1995 Yachting Services

Association ofTrinidad and Tobago (YSATI), 1996 !MA and 1997-98 TIDCO socio-

economic survey. The lengthy delays in publishing the resu1ts of the IMA's studies

(seven months sinee the abstraets were released) prevents follow up work to he

performed

The LegtlllllldInstitlltio,,1II Framework ofthe ClISe Stlldy

The Chaguaramas study presents an overlap of goveming bodies between the

landlord (CDA) and the tourism development authority (TIDCO), and an overlap of

research organisations between the !MA, YSAIT and TIDCO again. A lack of

coordination presents problems oftwo agencies conducting feasibility studies ofthe same

area, and problems of draft legigIation calling for research in an area where there is

/ already a great volume of knowledge (Gopaul, persona! interview, Ianuary 10, 1998; 88 Kenny, 1996). The socio-economic study ofthe IMA is very similar to that completed by YSATI a few years before, and is clear foresight ofwhat is being conducted.now by

TIDCO. These three surveys have similar methodology and scope, though the !MA's is probably the most sound as the timing is appropriately during the boom and not before

(YSATr), or after the fact (TIDCO). Complete implementation of the Environmental

Management Act will solve these concems as there will be inter-agency cooperation and access to a similar data bank through the Environmental Management Authority and the

National Environmental Information Service (NEIS) respectively.

YSATI is the umbrella body and mouthpiece of the yachting industry. It continues to he proactive in holding consultations with a number of govemment ministties, including the Ministry ofNational Security (the Police, the Coast Guard, the

Immigration Department), the Ministry of Finance (Customs and Excise, TIDCO, the

CDA), and the Ministry of Works and Transport (Maritime Services Division and the

Environment). As the recognised body ofthe yacht service industry, using the Act and

NEIS, YSATI will facilitate the growth of the industry in "a proper and controlled manner, unshackled by old ideas and aged thinking" (YSATI, 1998, p. 1).

The Timing 01the Case Stlldy

The duration for ElA conducted by the IMA is a four month predictive phase and a longer two year monitoring phase, during construction (the palicy before the 1988

UNEP guidelines stated the same). This is the scheduling for the Chaguaramas study

(McShine, 1993; James, personal interview~ Ianuary 10, 1998). ).

The socio-economic study lasted from April ta JuIy 1996 (James, 1997). Field

studies mto the water and sediment quality and into the bacteriolagica1 content were 89 carried out over a single wet and dry season, conducted from January 12 -26, 1997 (in

the dry season) and from October 3-31, 1996 (in the wet season) (McShine, persona!

interview, January 10, 1998). Observations ofthe circulation patterns were aIso carried

out in the wet season (June-October) of 1996 "when the flow is more intense and variable

in the vertical and horizontal planes" (Gopaul, personal interview, January 10, 1998).

Goodrldge's report on the environmental management of the area followed the

International Maritime Organisation's conference and drafting ofthe Code ofConductfor

the Prevention of Pollution fram Small Ships in Marinas and Anchorages in the

Caribbean Region in November 1996, and presented the results in November 1997 at the

conference.

The results ofthe ElA

The results of thé scientific based investigations (water quality) are discussed ta

introduce some important issues ofenvironmental management in Trinidad. The socio-

economic results are less significant and were part ofthe marina development discussion

ofthe industry's composition and revenue and the yacht population and flux. The results

of the management appraisal are included in the next chapter in the overview of

suggested poliey guidelines for Trinidad and Tobago.

There were numerous watcr and land based sampling stations set up bath in

Welcome Bay (ITYA area) and Chaguaramas Bay. They were set close to shore and

further to sea, in between beats, at drain mouths, at rivers and at pumping stations in bath

the dry and wet seasons. The water sampling stations amidst the anchored boats in bath

bays found levels ofwater pollution safely below the world health standards. Pollution in

/' the bays primarily comes from land sources and is at its worst during the wet season for 90 all the sampling stations (YSAIT, 1997). Generally, higher levels of contaminants were observed in Welcome Bay than in Cbaguaramas Bay. This was attributed to less tlushing in the former.

Small rivers and drains were the main sources of pollution with fecaI contamination at the mouths ofthe rivers being thousands oftimes higher than the water surrounding the yachts. The sewage treatment plant opposite Carrera Island and the waters surrounding the Coast Guard facilities were the greatest contributors to the point source fecal coliform pollution (Winn 1997). These two stations have sewage treatment facilities that regularly shut down and are probable cause for these ironic results.

Unacceptable levels of hydrocarbons and copper were also round at aIl the sampling stations, while phosphates (ftom detergents) and high levels of tin were found in the mouths of some drains and in the near-shore sediment respectively. Levels of trace metals found in seawater at Welcome Bay revealed that copper leveIs at all stations exceeded the USEPA (1986) Water Quality Criteria (WQC) for the Protection ofAquatic

Life. Further studies are needed to determine the sources ofthe copper. Levels of lead and iron al a number ofstations also exceeded the USEPA (1986) WQC value.

The results of these prelirnjnary studies suggested that immediate effective management ofthe Welcome Bay and Chaguaramas Bay is needed to prevent the serious potential for sewage and copper contamination (Kumarsingh, persona! interview,

December 21, 1997).

Pllblic Invoillement in tilt CIISt Study

The scope ofthe Chaguaramas study did not include public hearings or comment.

Public involvement was proaetively sought by the !MA in the socio-economic surveys.. 91 The scientific nature ofthis research organisation limits public involvement Previous

EIAs tbat follow the same procedure as this study, as well as interviews with the proponents of the case study, revealed that public participation is considered but it is insufficient ta meet the goals ofchapter five. There must he a detailed inclusion ofthe ideas ofchapter five in the ElA guidelines ofthe IMA. This is one specifie example of the negative issues associated with public participation in Trinidad and Tobago.

On the other band, YSATI provides visiting yachtsmen and members the opportunity ta lodge their views regarding the yacht service in Trinidad and Tobago.

YSATI membership has expanded in 1997 to include all persons and entities that have an interest in the yacht service industry. Although the poliey followed by the IMA in their initial assessments of the area ineluded little public participation, the area that it examined bas a mechanism for the involvement of aIl levels of the local, interested society.

The Role 01the StlllÜU in Decision·Mllking in the Case Stlldy

The results of the Chaguaramas study were presented to the landlord (eDA), resident stakeholders and other potential decision-makers and action was taken. In this case it was ta cease blame on the foreign boats and to curtail the ElA process. The ElA condueted by the !MA is not an enforcement or approval mechanism. The !MA produces a briet: non-technical summary of information gained in the preceding stages, with recommendations on projeet acceptance, or one ofthe alternatives, or total rejeetion (see

UNEP, 1988). The five IMA studies were presented al a symposium, with. abstraets of the work: used as information dissemination for the decision..makers in attendance.

Simple, summarized documents cao. easily mislead an ÏDformed decision-maker about the 92 depth or scope of the study and about the technical quality of the proponents of the

study. In this case, tbere is special caution as the work was being presented to decision-

makers, thereby not allowing individual interpretation ofthe data or results ofthe studies

Limitations ofthe Studin

I Little is mentioned about the TBT ! contamination (in compound) and there is no

report on dissolved oxygen levels, levels of eutrophicatioD, sediment oxygen demand

(SOD), biological oxygen deman~ temperature fluxes, turbidity, and transparency

(secchi depth) ofthe water column. These are all regular checkpoints in an investigation

ofwater quality. Prelimjnary studies ofthe sort must he comprehensive, otherwise there

is potential for sorne impacts to be missed and improper decisioDS to be made.

Only a few such studies have previously recorded the progression of pollution

levels and thus a temporal link cannot he made with the developmental history of the

area.. The Hart's Cut canal, from Welcome Bay to Chaguaramas Bay, cut off Point

Gourde beCOle World War II, however the Americans filled it in for security reasons and

this contributed to the slow flushing of the two Bays. The Hart's Cut saga is the only

recorded historical link between development and the environmental consequences in

Chaguaramas.

At the IMA research symposi~ the presentation of results was subjective and

the entire documents remained unpublished months afterwards. Very serious impacts

were found but not given the necessary attention and importance, probably because the

blamed stakeholders were mainly local, national bodies (eDA, WASA, the Coast Guard).

(- .. ~ 11 TBT: Tnoutylin 93 The results did not come as a surprise to the yacht owners of Chaguaramas.

\\-'bat is more surprising is that the results have not gained the attention ofthe local press that the initial "conflict" did. It is argued that the studies were only intended to show that the yachts were ta blame for the pollution and that once proven otherwise, there will he no follow-up action taken to address the impacts found. The study focussed on an antecedent and corrent development, and was efficiently conducted once initiated and as quicldy put on the back bumer once the results and sources of impacts were identified.

The IMA conducted the studies and it is a govemmental affiliate with mandates decided by externa1 influences.

Like the case ofthe rice fanner in the Nariva Swamp, this shows the applicability ofElA as a ''truth tool" ofenvironmental management. ElA has great potential even ifit is not too efficient. not ideal, or if it is rushed. Little environmental management or assessment is better than none at aIl, and later is better than never.

TIte Monitoring ProcedlUe oftlte Cue Study

There was no detailed or follow-up studies conducted ta determine uneXPeCted sources ofpollution at Chaguaramas. Further, no agenda for environmental management of the area nor proposed ElA for the many new developments planned by the CDA, despite these disturbing results, are intended. The IMA anticipates the full realisation of these measures 50 that their extensive monitoring programmes will better effect the 10ng­ tenn sustainable development of the projects it examines. The Chaguaramas study bas not reached a monitoring phase, but the guidelines that would determine its characteristics are simiIar to previous !MAprojects and are in need ofthe implementation ofthe ideas in chapter five or the requirements ofthe EMA. IMA monitoring ooly lasts 94 as long as construction or, in the case ofChaguaramas, two years to ensure compliance

with the planned ElA recommendations (McShine, persona! interview, January S, 1998).

The procedural specification of the monitoring programme will be even more

effective as the !MA becomes more empowered by the threat ofreal consequences ofnot

implementing their strategies. Liability refonn encourages proactive strategies. There

will he greater access ta information and less administrative effort to voice environmental

concems. A positive feedhack loop will fonn as the !MA will further henefit tram the

leaming process that is generated once the goals ofeffectiveness monitoring are reached.

7.6) Oudook of the EDvironmeDtai Impacts of Marina DevelopmeDt in

Chaguaramas

. Figure 13:

Looking west ooto Welcome Bay. Inset: US Naval Ruin

(1 9S One can only trust that these results approximate the whole story of marine pollution in the area. A faulty environmental management scheme, characterised for example by a subjective and non-exhaustive investigation, belated studies that are reactive rather than proactive, a questionable presentation of informatio~ an unsatisfactory monitoring mandate or post-project analysis, may in fact simply reveal the tip ofthe iceberg. Can there be effective sustainable development based on studies that are misleading or superficial?

The evolution ofthis case study is not a novel event in Trinidad and Tobago. In

Yachties Provide Smolcescreen, David Rooks, President ofEnvironment Tobago, explains that:

The yachties provide a lovely smoke-screen to detract people from the faet that this problem bas existed for years and nothing bas been done that will cure it on a long term basis. Like the Kings ofold, ifyou have a problem with the living conditions ofyour population, blame your neighbour: whip up anger against them for this offense. Declare war to stop the neighbour from committing this temole sin. The people will forgel. who really committed the offense in the first place (Environment Tobago, 1996).

There is evidence that yachts are discharging waste into the water, some in areas where there is no major pollution from the other sources. There is TBT contamination along shipping lanes and in anchorage sites, release of fecal matter and destruction of marine biota al anchorage sites. However, the contribution made by yachts to the already polluted waters is literally a drop in the bucket The real problem must be acknowledged and dealt with.

Contracts are awarded to repair defunet sewage treatment plants, but are they awarded for maintenance after repair? Service stations must cease expending spent ail in the sewers and the dumping of trash in ravines must stop. Marine boat yards need ta 96 capture paint scrapings before the dangerous metals leach into the soil and then into the bays. Toxie paints must he banned in Trinidad. Anchorage sites in Welcome Bay need to he regulated and extended to the entire coastal zone. The 'lJhilosophical nature" of environmental management must he examined. Is it environmental or political protection?

Specifie examples ofmeasures that react to a crisis, these statements are examples of environmental education and awareness programmes, of legislative revisions, and scoping appraisals that necessitate proactive and reactive management ofthe environment ta prevent mishaps as the environment is cleaned up. These are POlicy guidelines and principles that need to he addressed in order to improve the prospects for sustainable development in Trinidad and Tobago.

Figure 14:

Scotland Bay. Weekend Retreat for Local Yachts 97 Figure 15:

Chacachacare Island with salt lake in foreground

Figure 16:

Aerial photograph ofTTYA marina on the left and Crews Inn marina on the right in 1994, the onset ofthe yachting boom 98 Chapter 8: A DISCUSSION OF ENVIRONMENTAL MANAGEMENT IN

TRINIDAD AND TOBAGO: THE ALTERNATIVES

This chapter makes recommendations for environmental management ofTrinidad and Tobago. It aims ta "step back" from the case study 50 that objectives can he discussed, comparing each ofthe nine criteria to that ofthe ideal category, suggesting the best path for the criterion. The recommended path is incorporated in the discussion ofthe existing guidelines for Trinidad and Tobago.

8.1) The Existing Procedures .Bd RecommendatioDS for Trinidad and Tobago

1) ElA Composition

The Environmental Management Act commits the govemment ta sustainable development, but the term is not defined and subsidiary requirements, such as eliminating poverty and reducing fossil fuel consumption using renewable energy sources, are not included. There must he inclusion of such detail in the Act as it is vital to the understanding and implementation of these introduced principles that govern environmental protection in Trinidad and Tobago. Additiona1ly, the inclusion ofa clear policy briefing would perhaps avoid much ofthe criticism ofthe Act. An introductory statement would add to the clarity ofthe Act by stating the goals and explaining what the

Authority bas achieved towards the fuIfillment ofthem (Ka~ 1996).

The Draft National Environmental Policy (DNEP) is broad-based and not an

action plan, generic rather than specifie, encompassing the policy objectives ofthe Act.

The policy embraces a laudable set of principles that include those discussed in the 99 literature review (sustainable development is inferred but is not specified) ~

199Th). The international aid agencies of IDB, CnB and the World Bank have aIso endorsed these principles (Brown and Jacobs, 1996). The level ofdetail ofthe DNEP is within the objective of the paliey and is adequate. The DNEP serves as a general introduction to environmental management in Trinidad and Tobago, with a Natioanl

Environmental Action Plan (NEAP) and a National Environmental Management Plan

(NEMP) scheduled that would attain the appropriate clear and stringent detail required.

This tiered approached avoids the lengthy delays associated with passing very specifie potiey in govemment (Salvador-Arthur, personal interview, January 3, 1998).

There are many different guidelines ta follow in Trinidad and Tobago. These range from those set by the rCPD, the funding ageney, or set for the appropriate projeet either by choice (time frame, oost etc) or according to developers' wants. The TCPD conducts strategie ElA and does not follow any fonnal legal guidelines at the momen~ although they have their own guidelines that are issued ta all developers. The World

Bank and UNEP are the two other major sources and distributors ofspecifie guidelines.

When the World Bank is funding the ElA directly, its complete guidelines supersede the borrower's procedures (World Bank, 1992). The 1988 UNEP guidelines are osed or modified by many ageneies.

The IMA adapts the UNEP guidelines to suit the project's circumstance. REAL and other smaller agencies also adapt these guidelines, each molding their companies' image with the goal of marketing ofEIA characteristics of time and cost effectiveness.

This makes it ail the more difticult to judge the level ofassessment ofElA in Trinidad and Tobago. 100 There must he a standard set for ElA methodology. Explicit in the legislation

is any allowed leeway in the methodo10gy. Clarity ofprinciples and methods ofElA and

transparency and certainty of the process are missing. These and other issues of ElA

composition are insufficient in Trinidad and Tobago and the suggestions for an ideal

criterion are ooly partially fulfilled and need to he incorporated completely and

accordingly.

On the other band, the information needs of environmental management in

Trinidad and Tobago are appropriately recognÎsed and the Environmental Management

Authority is in the course of completely heeding and nearly realising the advice of the

local experts whose comments appeared in chapter five. The design ofa computerised

National Environmental Information System (NEIS) is in the final stages ofpreparation.

The contents ofthis data system include ail environmental data and information from all

the government agencies, with accessibility over the Internet to the public. The goals of

NEIS are commendable and the carly implementation and stable operation ofNEIS are

anxiously being awaited.

1) TimiDg

The World B~ bas instructions for the scheduling in their Tenus of Reference

(TOR) .. Both the World Bank and TCPD recommend that ElA needs as much time as the

feasibility study of which the EIA is a part: an average duration of 12 months. They

suggest that ElA costs one per cent ofthe project's cost, with mitigating measures casting

4 to 7 percent, without the implementation ofcost-effective strategies. This is the present

status for timing and cost ofElAinTrinidad and Tobago..

( "

. \ 101 ElA is rarely appüed as an ongoing tool, although this is changing as the monitoring phases are being increasingly recognised by some environmental agencies and developers in Trinidad and Tobago. The IMA conducts a four month predictive phase and a longer two year monitoring phase, during construction, in the 1980s, before the 1988 UNEP guidelines stated the same. The preliminary assessment of the UNEP takes between 2 and 10 weeks while the full ElA lasts between 3 months and 2 years

(UNEP, 1988).

The UNEP strategy is the recommended cost efficient and lime effective path for

Trinidad and Tobago. At times, the duration ofthe ElA is too costly for the budget of

MOst developers, 50 a shorter predictive phase (compared with the IMA) that doesn't inhibit construction is the more attractive option. However, the subsequent and necessary lengthy monitoring and mitigation process does increase the cost ofthe ElA in the long nm. This last point is reason for the slow acceptance in Trinidad and Tobago, but given these features and that most ElA are applied to ongoing activity and finished developments, the monitoring phase is necessary. For efficient timing in environmental management in Trinidad and Tobago, the already IeCOgnised benefits of chapter tive

(with environmental agencies) must he coupled with the duration specifications of the

IMA.

A subsidiary issue oftiming is the lengthy delays involved in the Environmental

Management Authority's task scheduling. DeadIines are always extended by the

Authority. This is the cause ofpublic criticism as the Authority bas failed to achieve satisfactory results since its inception. The Authority bad decided that it is far better to he thorough and slow than to negate the intentions ofthe Act by omitting necessary steps. 102 This is understandable given the enormous task it bas undertaken, but it is no excuse for deadline extensions. Foresight in time scheduling produces appropriate time periods~ smailer steps that mark the agencies~ progression and that appease the public audience.

These discussions are streams of the ideal for this criterion from chapter five. Time scheduling aIso avoids speculation that this continual~ oPen progression of Authority operation is not the result of a lack for deadlines and stringent schedules from the sometimes overpowering or overwhelming US SIl million World Bank loan description

(ECLAC, 1997).

The Environmental Management Authority involves the public twice in the development of standards and once during the drafting of legislation (EMA, 1996a), inviting contributions to the process and considering their input in the draft ofstandards.

This is then subjeet to review over thirty days~ as required by Section 28 of the Act

(EMA, 1997a). The draft NEP and draft NEAP were subject to a single series of hearings, without the initial public input that is a consideration in the formulation of standards. The timing procedure for standards is recommended for Trinidad and Tobago and must he applied to public involvement in ElA. It is a balance that involves designing a time schedule for the hearing's duration while having the hearing at the end of cach step, unless the input is necessary (as in socio-economic surveys). This will prevent

lengthy periods of involvement where the public would lose interest in a topic (the process ofNEP consultation lasted from July l8th 1996 to September 8th 1997).

3) The ConceDtual Framework

Appendix 1 of the Environmental Management OrcIer of the Environmental

Management Act specifically states alI the activities subject to ElA. Included are new or 103 modified construction (in aIl sectors of industry and environmental areas), any developments generating or potentially generating pollutants (of all sorts), and any submission to Cabinet for approvals or proposais involving the development ofTrinidad and Tobago which bas significant environmental implications (GOIT, 1995). These categories adequately cover the recommended conceptual concems. This Order is more specific than previous TCPD guidelines and its scope is more appropriate than the World

Bank and UNEP guidelines (Mendez-Charles, 1990).

There are signs ofa conceptuallegaI shift in Trinidad and Tobago. Over seventy pieces oflegislation relating to the environment are being rationalised and modemised by the Environmental Management Authority in the compilation ofan Environmental Code,

(E~ 1997d). John Agard, the Authority's chairman, recognises the factors of economy, bealth, culture, nature and ecology in environmental planning, and bas an interest in the effects ofpopulation growth and poverty (in Rostant, 1997b).

These conceptual shifts are bolstered by ideas in the ideal criterion (chapter five), with aspects that are particularly relevant to Trinidad and Tobago, but are absent in the objectives of its environmental poliey. An example of this is the need for the overall impact consideration ofrelated impacts through a hoIistic vicw (McShine, 1993). There are areas ofdense, heavy industry in Trinidad and Tobago (the Point Lisas, Couva, and

Diego Martin industriaI estates) because the cast ofproviding infrastructure lessens with clustering. This leads to an intensification ofthe impacts for a project and the creation of environmentally sensitive areas. It is imperative that ElA is carried out for eaeh project ofthe eluster as weIl as a collective analysis ofthe impacts for the region as a whole. 104 4) Public Involvement

The EMA, World Banl4 UNEP, and other local consultancy firms recognise the importance ofpublic participation in the objectives oftheir guidelines. However, specifie principles are not encompassed in any one policy. The EMA and NEP legislation are the

MOst suitable but due to their generic desi~ with the necessary detail is missing, ambiguity and leeway arise (NEP) and reSPQnsiveness is restricted (EMA).

Some of the major responsibilities of the Authority include working with stakeholders and reaching out to the public. The Environmental Management Authority stresses awareness, education (at allieveis of society) and open communication (this is included in NEP goals as weIl). AIl draft ElA is to he made available to the public, with appropriate time periods, and revised with the comments. Principles of alternative dispute resolution are to be invoked through a Mediator ifwarranted. The NEP promotes a top-down approach ta participation, through a govemmental leaming process, and people empowerment.

The trend for public comment is becoming more accepted. Increasingly, bath individuals and groups realise they can eontribute a definite input. The number of comments received on the EMA and NEP legislation was greater than expected by the

Authority. The comments played a successful part in producing a clearer, more useful piece of legislatio~ however difficult it was to write legislation for which there was no elear poliey, and however difficult il proved to put the ribs ofan umbrella organisation in place.

Other examples of involvement in Trinidad and Tobago are: community-based tire prevention programmes (Sband, 1996b); establishment of eommitlees and he&iÏDgs lOS by the IMA that register public comment and elicit support for environmental bills and

other issues (Kaca!, 1997a); and the detailed inclusion of public concem in EIS

perfonned by REAL (REAL, 1997).

A 1997 Environmental Management Authority survey reported that more progress

is needed in building environmental consciousness. Environmental education procedures

and public relation work have not been as effective as expected and the public is still

ignorant to basic environmental issues and concems. The Authority bas responded well

and continues to he proactive in its environmental outreach and appraisal programmes. It

is important that the Authority realises that this is just one issue and it should be

reasonably funded and developed, along with other issues ofenvironmental management.

The actual steps and purpose of roundtable public hearings in Trinidad and

Tobago are to briefthe stakeholders on the project, capture their interest, and soHeit their

co-operation. The hearing scopes priority issues and identifies individuals whose willing

attachment to the consultants' team would be beneficial to the projeet (he it drafting the

NEP, NEAP, or on developments). These hearings frequently take place on a quasi-

judicial atmosphere, with the real objective of the hearing being to meet legislative

requirements and to therefore avoid litigation. The hearings are characterized as futile

and as a "sham" (Kumarsingh, personal interview, January 3, 1998; Kenny, 1997d). This

is the reality that results from ambiguity and leeway in the current policy. These are not

characteristics of open communicatio~ equable disco~ and responsive procedures

with the noble objectives ofa govemmental-leaming process towards holistic sustainable

development ofthe project (cbapter five).

,.- ! .~ 106 The recommendations for public involvement in Trinidad and Tobago are to explieitly include the ideas from the ideal criterion in present or subsequent poliey, using innovative strategies that enhance the above mentioned eharacteristics and minirnize the negative issues. The creation ofNCSO is one strategy that facilitates a more structured and comprehensive involvement of the environmental civil society. NCSO not only encourages a greater involvement, but aIso provides a mechanism for resource sharing, equable communication and idea excbange and collaboration (Schorse, 1998). A reguIarized and widespread process that builds on the satisfactory objectives ofEMA and

NEP, along the pathways of cbapter five, using locally adapted mechanisms, such as

NCSO, shall soon realise the efficient involvement of the public in environmental management in Trinidad and Tobago.

S) The Legislative and InstitutiODai Framework

Trinidad and Tobago's past approach to the regulation ofdevelopment activities for environmental protection tan he described as piecemeal.. Moreover, legislation bas not kept pace with development. Functions and jurisdietions of the Ministries and

Agencies are not always clearly demarcated and as a resu1t problems arise from overlapping jurisdietion, duplication of efforts, usurpation of function, and no action created by uncertainty as ta who should aet (MeShine, persona! interview, January 5,

1988).

The govemment of Trinidad and Tobago has recognised that legislative rather than administrative measures must he taken ta introduce effective environmental systems and to implement guidelines and procedures. It bas proceeded along this path by estabIishing an appropriate authority, the EMA. The Act itself is unique in concept, as it 107 exercises the power ofall three arms ofState - the Executive, the Legislative and the

Judiciary. The Act and other related Legislation (NEP, EMA Order) specify areas and types ofprojects or actions that require ElA, as weIl as the powers and responsibilities of the authority and the general public. It makes judicial involvement in the review of decisions and actions mandatory, with plans for an independent Environmental

Commission. This is the first legal document that applies to ail sectors of the environment and the society of Trinidad and Tobago, becoming, Like the Authority a central, coordinating, legal ftamework - promoting consensus. The NEIS will overcome the persona! barriers to interagency cooperation, facilitating the Authority's responsibility ofbridgîng the Many agencies with reSPQnsibility for the environment.

The Authority bas a pool of locally qualified experts and employs Little foreign input in its present evolution and mitigation measures, although the original Authority contained a host of Canadian consultants. Much of the work of the Authority is done through advisory and other committees, the composition ofwhich is drawn from various sectors as weil as from NGOs and community-based groups. The Authority bas been thanked and congratulated by one NGO for helping these organisations become more articulate and aggressive and for creating a fluid network of cooperation with an interdependence, through skillful use of resources, people and institutions (Ais, 1997).

The EMA bas urged 28 state agencies ta sign a Memorandum of understanding over a two-year period (EMA, 1997a).

Although these are all excellent examples ofan institutional and legal framework, there are still problems that need to he addressed. The use ofthe 1988 UNEP guidelines, or working with World Bank schemes, includes foreign consultants who seldom transfer 108 information (McShine, personal interview, January 5, 1998; Gopaul, persona! interview, Ianuary 10, 1998). The formulation and use of guidelines that use local knowledge avoids this problem. MeShine (1988) points to the potential for under- qualified local personnel in ElA operation and paliey formation. During these interviews, the MOst rewarding responses came from people with more experience -

Hazel MeShine and Marva Salvador Arthur. Experience and position in society benefits the creation of appropriate standards for EIA in Trinidad and Tobago. McShine, with many years ofexperience in environmental management in Trinidad and Tobago, would overcome barriers of client confidentially through recall of persona! work experience.

An outsider with little local knowledge or experience would find it additionally difficult ta set ElA guide~es, as there is little access to projeets done over the past 20 years.

Not ooly are there conceptual problems with the Environmental Management

Authority and its parent TCPD, there are legislative administrative coneems. Eden Shand

(1996a) discusses a confusion arising from the TCPD using ministerial loopholes in the

1960 Town and Country Planning Act, with general provisions for demanding E~ and the modem EMA specifie legislation empowering the Authority to ask for ElA. He assumes the negative reputation of the TCPD and their potential for backlash at "their new rival entity", the EMA. Legislative ambiguities must he ironed out as there is potential for retardation ofeffective interagency cooperation.

Finally, there is the concem that the World Bank is running the Authority, and that once the loan expires next year, proactive environmental management will cease.

The evolution ofthe Authority bas proved otherwise. It bas responded weil to critieism 109 and bas shawn positive reaction. The EMA is now more independent of the loan mandate and continues on its bumpy but progressive, proactive path.

6) The Trigger ofEnviroDmental MaDagement and Assessment

In Trinidad and Tobago EIAs are carried out on an ad hoc basis in the present absence offormal planning requirements. One ofthe reasons for carrying out ElA is for the state ta obtain financial aid from international funding agencies. The World Bank,

IDB and COB require such assessments to he done because they demand that their funds only he used for environmentally fiiendly projects. Also, private developers trying to attain bank laBOS sometimes·need ta conduct ElA.

Ahmad Khan (personal interview, December 26, 1997) suggests that industry is leading the way in environmental management in Trinidad and Tobago. They implement eco-labeling strategies for improved international trade. Developers are the main clients ofElA and initiate the process by hiring an agency ta perform an ElA, sometimes to the specifications and goals ofthe developer. Industry bas also recently reacted positively ta management strategies ofthe EMA in Iight ofSection 71 ofthe Act tbat make the top level staff accountable for the industries' pollution. Environmental management of industry is triggered by demand side measuœs, issues not specifically mentioned in the

Act but that are curtailing industrial habits towards environmental degradation (Del

Carrington, 1997).

The issue of the environment transeends political boundaries in Trinidad. and

Tobago. The Minister ofPlanning and Development bas the power ta invoke an ElA, choose the agency to perform the ElA and dietate the procedure ta he foUowed. The

Minister makes the final decisioDS regarding the Enviromnental Management Authorlty, 110 and a1so decides the composition ofthe Authority. ElA screening and specification is needed to avoid this political and philosophical reliance and to unify the many triggers forEIA.

Shand (1996a) suggests that the TCPD he the authority to determine whether an

ElA is required, through specific screening process (as mentioned in chapter five). The

UNEP bas such a procedure designed for developing countries, using a cost-benefit analysis (UNEP, 1988). The process ofElA is triggered by submission ofa development proposai, followed by a preliminary assessment and screening process. REAL already incorporates this initial, objective appraisal and trlggering procedure (REAL, 1992). In the case of completed developments, a prelirnjnary screening pracess would determine what developments trigger or require an ElA process. The Authority bas decided on a list of environmentally sensitive areas to form part of this preliminary screening process.

This list is not complete as yet. Ideas from the ideal criterion (chapter five) are suitable for Trinidad and Tobago and will he wholly realised with ideas from the UNEP and EMA

(screening procedures and sensitive areas).

7) The SeopiDg Procas

The scoping prineiples ofthe UNEP guideline recognisè all the participants ofan

ElA process and realise that only appropriate persans and groups should he involved

(chapter tive). The World Bank uses a specifie scoping procedure to identify the issues ta be cov~ using an exhaustive list ofimpacts. These two guidelines are incorporated by the TCPD in their scoping procedures, and are examples of the main issues of the ideal criterion (chapter five). The scoping methodology of REAL uses an interactive

technique with consultees to continually identify key issues in order ta sharpen the study 111 COCUS. This is another example ofone of the issues ofideal criterion (chapter five), issues that need to he amalgamated with the EMA legislation, along with solutions to the following problems.

The issues that the EMA and ElA examine are criticised as insufficient. The

EMA and NEP are largely focussed on pollution control and nature conservation

(Toppin-Allahar, 1996; Kenny, 1997c), with a mandate to primarily address the impacts of development on the environment. Furthermore, regulation of PQllutants does not present a problem and does not need re-invention as there are a range of sources which need no more than adoption (Kenny, 1997c). The socio-economic component of ElA is seldom included in the final report, as it tends ta bring negative attention, through the public and press, to the developer. Once again, a standard for ElA is needed ta discem and to enforce aIl the necessary issues of ElA. This bas benefits for long-term sustainable development as weil as the misguided developer.

The !MA conducted a socio-economic component in an ElA of a beach front expansion at Maracas Bayon the North Coast. The client, NIPDEC requested the !MA take it out ofthe final report. NIPDEC then presented the lOB with the ElA and the IDB refused ta grant approval, as it was incomplete: there was no socio-economic component.

NIPDEC approached the IMA to include the component and were refused as conditions had changed since the original study was undertaken. Funding was lost because there was no enforceable standard for the scopc ofEIA in Trinidad and Tobago. 112 8) Monitoring

Monitoring is perhaps the MOst neglected and significant issue of environmental management in Trinidad and Tobago, and is aIso the least criticised issue of the new legjslation ofthe EMA. The draft NEP states that:

Although Trinidad and Tobago bas much of the required legal structure for environmental protectio~ natura! resoorces management and development planning in place, the record in terms ofimplementation and enforcement is mixed. In some instances subsidiary legislation and regulations are lacking; in others, the responsible authority for inspection and enforcement is not easily identifiable (DNEP, 1997, section 6.2).

McShine (personal interview, January S, 1998) states that voluntary and self- compliance are the basis that the IMA and the EMA rely on at the moment, with reference ta the !MA's monitoring programmes and the EMA's air quality control and other pollution standardization programmes. Kenny (1997c) insists that based on the history of environmental management in Trinidad and Tobago, voluntary compliance does not work.

The NEP requires the establishment ofsystems and structures ta bandIe violation and appea1s "expeditiously and effectively" as they are essential to the policy's objectives. "The establishment and operation ofthe Environmental Commission and the use ofstrategies to avoid and expeditiously resolve disputes are therefore critical" (EMA,

1997e). This Act and planned NEAP and NEMP are excellent examples of the monitoring ideal (see chapter five) and once fully implemented, there will he few conceIDS.

The Authority bas specifie enforcement actions as descnDed in the Act. Civil procedures include a "Notice ofViolation" and an "Administrative Order" (pRIT, 1995). 113 An Environmental Commission is the superior court of record which an

Administrative Order can he appealed. There is a classed system of monetary fines for

violation of environmental requirements or for damages to the environment, with a

maximum fine of$10 000 TI foreach first lime violation (pRIT, 1995).

The Act provides for inspectars who will monitor the oPerations of industry and

other developments for compliance, requiring provision of necessary information and

samples during inspection. Nineteen Environmental Officers were appointed in 1997,

one from each Ministry or Agency dealing with major environmental matters, and

training bas begun (Kacal, 1997c). There are penalties for criminal violation that are

more stringent than the civil penalties (in accord with chapter five). "The Act alIows the

Authority ta seek a restraining order or other injunctive or equitable relief; an order for

the closure of a facility or a prohibition against continued oPeration; and any other

remedy which May he provided by law" (EMA, 1997b, p. 3). Additionally, it provides

for a director, manager or supervisor ta be held responsible for violations of

environmental requirements which, on conviction or indictment, can lead to a fine of

$100 000 TI and imprisonment for two years (EMA, 1997). The enaetment of the

Environmental Code (the administrative civil and criminal approach to enforcement)

gives teeth ta environmental management in Trinidad and Tobago.

The NEAP and NEMP are national mitigation plans that provide details on the

final NEP with proposed programmes and schedules that ensure that environmental

actions are in phase with development and operational aetivities (simiIar to the World

Bank guideIines). The EMA recognises ISO 1400 environmental standards as suitable

( . targets for business and industry (ITBS, 1996), and is working in tandem with the 114 Ministry ofFinance to provide tax subsidies to firms that reduce their environmentally unfriendly effiuent (Mclntosh, personal interview, June 6, 1997). This is one of a few economic incentives that are used to detine the actions ofeconomic entities (along with the disincentives ofregulatory measures).

Concems have been raised with these evolving measures. The Act does not recognise the societal and economic hierarchies of Trinidad and Tobago. McShine

(personal interview, January 5, 1998) attributes an affordability problem with enforcement procedures in Trinidad and Tobago. A $40 TI ticket for visible gas emissions from vehicles is given. An engine "rehaul" costs $4 000 TI (the operation needed ta prevent these emissions). Most people who own a sub-standard engine cannot afford ta fix their engines. They will not effectively react to the monetary fines and the long-term goal ofimproved air quality will not he wholly realised.

No provision is made within the Act for incremental standards (Brown and

Jacobs, 1996). There is a conflict with incremental developmental activities such as squatter settlements and the explicit standards of the Act that must he met before development proceeds. This may become an inluDition for developments that cannot meet conventional standards. Goals of the ideal criterion are applicable here (chapter five).

9) The Role ofElA in Decision-Making

This is stage eight of the UNEP's ElA process that the !MA roughly follows.

SimiIarly, the World Bank requires ElA reports to he concise and limited ta significant impacts, keeping the target audience in mind and shaping the publication ta meet their specifie needs (World Bank, 1992). REAL and EPAS avoid the documentation ofdata 115 that may be superf1uous ta decision-makers (REAL, 1992; Khan, persona! interview,

December 26, 1997). The Environmental Management Authority agrees that the information needed by decision-makers in govemment and in private sector must he timely and reliable in arder to make decisions consistent with sustainable development.

This is "information on the current state of the environmen~ on the implications of the choices available to the~ on long term trends, on indicators to help them measure progress" (E~ 1996b).

This appears to he in accordance with the ideal criterion (chapter live), however, it is not clear that this indicates a commitment to provide quantitative data or merely to provide qualitative interpretations of data that have already been analysed. Qualitative issues are importan~ but ''these seldom outweigh fact and figures" in evaluation and dispute resolution procedures (Brown and Jacobs, 1996).

The NEP requires integration of environmental decisions into the planning process and that environmental concems influence plans, policies and project design at national and regionallevels. The extended monitoring phase ofthe IMA encourages the integration of the environmental decision-making throughout construction. REAL and other smaller agencies take the approach of actually helping design the project on an ongoïng basis (REAL, 1992). Principal three ofthe UNEP guidelines concems the early integration of ElA recommendations in the project design, progressing through severa! steps (UNEP, 1988). A combination of these statements meets the issues of the ideal criterion (chapter tive). ElA is an advisory process that is not separate from the actual project design. The Act should include a provision that encompasses this combination, incorporating the ideal for this criterion (chapter five). 116 There is some evidence that the advisory process does in fact produce the results expected. Mining ofthe Pt Gourde area in Chaguaramas was balted foUowing the recommendation of an ElA conducted by REAL (REAL, 1992). The development ofa marina in a swamp in Tobago by Angostura Ltd. was greatly modified and scaled down foUowing the ElA report ofthe !MA (McShine, personal interview, January 10, 1998).

These are rare occasions. ElA recommendations are often ignore~ overruled by financial and political interests. The TCPD bas never cancelled a project based on the

E~ opting for revision upon revision (McShine, personal interview, January 10, 1998).

Many EIAs come ta the conclusion that the cüent prefers, guarding the consultant's future with the client for other EIAs (McShine, persona! interview, January 10, 1998).

Ahmad Khan (persona! interview, December 26, 1997) adds ta this by saying the ElA are not powerful enough to stop a development and that often it takes other factors such as financial concerns. Subsequently, there are some cal1s for ElA to become a mandatory approval process in Trinidad and Tobago. However these problems will ooly be exaggerated with a process that relies on single and abmpt decisions, with more chance for negative political influence. The effectiveness and results ofthe ElA process will he better achieved with total reform of the process, implementing and strengthening all aspects ofthe Act, in similar vein ta this briefappraisai.

A summary of the criteria for EIA evaluation, the case study and the recommended management scheme (chapters five, seven and eight) provides a holistic reference that illustrates linkages ofcriteria within each category (overleaf). 1

T.ble 3: SUID••ry ofRelul" .nd A•••• Crlteri. 1 o.".." AtI4ltIoItlll, BMA, NEp, World TlaeDIA S..ggatioufor ProtIcIhw EM" ElA Biulk, VNEp, DIA, G..ltlell.afor t"e PraMtPoIIda SM• BL4 Il«:DIIuIumdtlllofts REAL l1li4 oI1t.­ Clttlg..tllYUlllU ClUe _dthe QueStII. RectHlUlladtllloft. for Trbtldlul " EM.EL4 SlMdy (1) ($J To"-o (SJ GllltklûJa (IJ (7) One. Proactive, holiltic, 1 Positive, achievable Accordant and Adapted trom Detail requirements flexible, ecological and ! goals. National data generïcBMA UNEP, ofS(NBP economic integration,! bank. Data priociples. Broad incorporating adequlte). BL4 cultural bialCl. Cleu, i synthesis. NEP. UNEPIIMA MARPOL, Principles ofBMAt ComposItioIt consistent, explicit, 1 Sensitivity and flexible, specifie. responsive to ElA eharaeteristics transparent ElA 1 confidentiality Varying lovels of situations as arise. ofS.NEIS requirements. Recognise & 1 demarcations assessment, no Own information: completion by reduce info. baniers. Toois ! siogleEIA Unie baniers, EMA. Data ofdecision analvsis ! requirement. NEIS. Umited &ceess synthesis of5. 7Wo. Barly, oosoinS impact 1 SIDS timeline World Bank time 4-month predictive, Duration identification and ElA and 1 extensions. Year schedules, ElA in 2-year monitoring specification of P.P integration for entire 1 minimum lensth. feasibility. UNEP planneel. P.P in !MA, case study, ""', project cycle. Duration il ! P.P. at end ofElA, short prediction, predictive phase. Time scheduling of .. cost, project dependent. i cleac predictions, long monitoring. ElA commenced 5 and World Bank. Project-specifio time i short attention span, BMA work slow, 2 after development, PtP. ofS and BMA. schedules i len cost P.P., at end project design Dree. Activities: projeots, Orpnic, seetoral Specifie ranse of Collective impacts, The aetivities of policios, proposais, 108i1latioo. activities, projectl, permeable BMAandS. DIe deciaions, lesialation. Recognise societal policie., proposais, boundaries. Legal, Legislation ConcqlMtII Social, cultural and ollsses, individuel lesialation in EMA. physical, socio.. charaeteristics ofS. FrIunewort economic, cumulative senses. Hierarchiee. Economy, health, economic, cultural, Cultural preferences effecta. Ecological and effectl Permeable culture, nature, ecol08ical etfects ofS. Ambit of5. scientifie basis in boundaries. EMA ecology etTeets. included Scope oflMA and legillation. and TCPD contlict 5...... -- Criteria o.""" AddltlOlllJl, EMA, NBp, Worid TIIe IMA S"uation./or P1'tJtIcIhw BM.tEIA BIIIIk, UNBp, DIA, GIII.'lIIafor 'lee Praa'Pollda BM.tBIA RI!COIIIIII.dtltlOII' REAL IUId otIIer CIe"g"lIIYUIItu ClUe IIIId "'~ eue SIM+ R«OIfIIIIMtliIIIoII. for TrIIIIdtuI .­ SM.t BU SINdy (B) (JJ Tobll.o(J) G"IüIbta (B) (1) FOIIr. Effieiency, equity, : Optimum timing, Broad EMA & NEP Soeio-economie Explieit Integration involvement. Open, format country P.P. prineiples: study used a ofprineiples (5). honest, comprehensive, dependent. NCSD education, selected public, Realisation ofthe Pllblic public informinS and Intesrated coutUne awareness, scientifie nature of issues of5, EMA I"WJIt.wm.., consultation. Citizen level man. Education, empowerment, IMA limits P.P to and NEP issues. action. Issues inelude the awareness, open, leamins Civil information Formulation and use ElA, policies and decisions empowennent action, hearings still dissemination. Little ofthe NCSD futile. superfieial P.P in final ElA institution Fiw!. 3"' party judieial review, ! Barly devclopment. Barly dey. ofnew Overlap of Full realisation of links to ail jurilldietional ! Close cooperation, legislation applics govemins bodies legislative, levels. Central independent 1 coordination. Data links to ail sectors. (CDA, TIDCO). institutional, 71e authority, administrational,: baok. Funetional Central funetioning Use own re50urces judlaial interagency cooperation. i center. ageney. Judieial 50 t1uid network of characteristies of ''''*''tltMlII..d Linkases ofenvironmental! Responsibilitics review. NEIS. Pool cooperation, EMA. EMAI TCPD 14II11111H legislation. Multi- 1 decentralized. EMA ofexperts. Network coordination, canDieta solved. FnuItewoIt stakcholder, open, flexible, l and TCPD separate. ofcoordination, experts. Adapts Jurisdietional, aetion-oriented networle i Local experts. cooperation. UNEP legialation, legislativc potholes ! Intemationallinks Legislation potholes awaiting EMA. examined SIx. Responae to complaints. Objective Ad hoc: Loan Public outery in Screening process Willingness, ability, beUef detennination- mandates. Minister newspapers, in ofS, UNEP, REAL, Bern... in assessment. Supervisory specifie lepl ofP & D. Industry parUament, using campleted list ForBIA decisiol1l, listl ofsensitive sereening procesa- (trade, legal). EMA govemment ofEMA, condueted areu and projectl. Barly pcrformed by sensitive list. UNEP instructed IMA to byTCPD. screening. TCPD. cost-benefit anaIysis proceed, to slow

-00 /-... '1 ---",'

Criteria o.".." Ad4IIIoItal, .DIA, NEp' Worid Tlae/MA S."t!StIoIufor PTotu:Ih1e BM&EIA BIIII" UNBp, /MA, G"ldellllt!Sfor ,"e ~1I'Pollda REAL IIIId BM&BIA ReCOllflllMMtlDIts _et' CllII'.tll'tlllllU ClUe iIIId'''e OueSIM+ ReCOllflllMtliltlOIJ' 'rrIllltIIul& BM&EIA S"'tl.Y (1) (J) 'orToNgo(J) G.ldelllla (1) (1) 8evM. At ElA commencement. Function ofcost and UNEP recognises IMA selectcd the World Bank, Ail aft"ected parties, time. Etrectiveness ail appropriate appropriate REAL, UNBP interested perlOns, ail balanced, not participants. World stakeholders within issues added to n.e issues, eUmin.tina hindered by coat Bank bas specifie scope (time and EMA. Standard for St:t1püI, insisniticant ones. and time. Extension procedures. TCPD COlt) ofltudy. Full ElA: inclusion of Ptoœu 1lesponsibilities, timing ofscreening incorporates bath. ElA will include ail. necessary issues. schedule determined. proceas. Existins REAL continually Selective, subjective Issue oriented Continuai clarification of aetivities to be sharpcns issues. procedure for principles ofS. main issues. Specifie examined. EMAissuelare chooling issues. Cost, time assessment techniques, Bxplicitly realise insufticient. Seldom Includes socio­ considerations, not issue oriented speçitics ofTobago. socio-economic BIA economic iSlues constraints of5 BI,,,,, Mandatory requirement, Performance BMA et al. entails 2 year duration. Awaittùll effectiveness (coat 1110) standards, specifie liability incrementai implementation of and compliance incentivos, procedures, (monthly) EMAetai. MOliItoriII, monitorins. Flexible, ! sanctions. Consider mechanisms: mï1estones of requirements. responsivo mileltones, i orsenic. Sanctions sanctions, progresl. Voluntary Orsenic buis (5) continuai asaessment, ! heUer than fines. incentives, fines. and self­ incrementai, incremental standards ! Caribbean standards ISO standards compliance. Caribbean standards Nille. AdvilOry process. Not a Simple, relevant, Briefnon-technical Advi80ry: detailed, Report: EMA et "no/go" taol. Bxtensive tansible reports. summary, tarset tangible information aI.(with caution, BeRoIe '" Integration in planniJll, Shapes decisions audience (ail). NEP dissemination (of quantitative) Decl6IoII- . decision-makins process. best with legal requires integration studies). Results: Advisory, integrated MdiII' PoUtical caution with use rcquirements for ils in decision-making. blame halted, ElA process (EMA): add as approval process Integration. Advi80ry process curtailed remainder S

-'D 120 8.2) A Summary

Small island developing states (SmS) are particularly environmentally sensitive.

Kravatsky (1996) puts it best in saying that SIDS are more strongiy and more likely ta he affeeted by disturbances in the natura! system, to global economic forces and they have a characteristic institutional arrangement (also Lawrence, 1997). Many SIDS in the

Carib~ especially Trinidad and Tobago, have a very young history ofenvironmental protection and management, with long records of ecologically unsound, unsustainable developments. These records have been documented in the press, along with the public dismay associated with these events. With enactment ofthe Environmental Management

Act coming at the same time as this environmental anxiety, the newspapers continue ta appraise the relatively new environmental management policies. The calI is for a review ofthe policies, which are blamed as the cause ofcontinued environmental mishap.

At first, policies were quicldy drafted, approved and implemented through parliament, with extemal expertise sought to catalyze this process. These initiatives followed much public attention to marine concems, especially along the Chaguaramas peninsula, northwest Trinidad. Subsequendy, policies were criticised as being not entirely suited for the sms and Trinidad and Tobago context. It is suggested that they are simply political, improving the govemment's "green" image.

Now, policies are being produced at a lesser rate, with new legislation (EMA) following the meticulous and slow route. As a result, the criticism is that the Authority that oversees this legislation is not fulfilling its mandate. Again it is suggested that the

Authority is composed of political appointees that aet as buffers for environmental degradation. Are these correct assomptions? 121 8.3) The Need Cor Further Researc:h

There is a need for future study in the area of this thesis. There is an ongoing maturation of environmental management in Trinidad and Tobago. Old policies are being revise~ replaced or further ignored. In the next five years the EMA will evolve into a fully functioning unit. Another academic appraisal will determine the progress of the Authority and the results of an improved environmental poliey, given the commendable tasks that it pursues. [t is hoped that these tasks, and others added in this recommended strategy, are fulfilled and that the comprehensive goals ofthe mandate are realised. Only then will one see the benefits of reducing the eonflict inherent in the sustainable development ofTrinidad and Tobago.

Physical planning in Trinidad and Tobago is an exereise that often becomes an end in itse~ ~culmjnating in the publication ofnicely illustrated drawings, research data and project ideas" (Allahar, 1990). The thesis now presents the challenge of changing these reports from being ends, ta being influential means for improving environmental protection in Trinidad and Tobago and moving the country towards a sustainable development path. 122 RefereDces

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