The following sections demonstrate how the environmental legal regime that emerged from the
EM Act 2000 has captured the intent of public participation.
Written Public Comment Period
There are two issues associated with the written public comment period, which are the duration
of the period and the documents that are made available for public comment. With respect to the
duration of the written public comment period, the EM Act 2000 establishes a minimum period
of 30 days but sets no outer limit for such a period. Given the fact that many of the projects in
Trinidad and Tobago are energy based, it is difficult to have large and complex environmental
impact assessments (EIAs) reviewed within 30 days.
The issue of the duration of the written public comment period was well represented in the case
of Fishermen and Friends of the Sea v. The Environment Management Authority and BP
Trinidad and Tobago LLC.
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(The bpTT case) This case involved a decision by British
Petroleum Trinidad and Tobago (bpTT) to expand its deliverability and transportation share in
the ALNG liquefied natural gas project. Due to the perceived adverse environmental impacts on
the lives of many residents of Trinidad and Tobago, the application for a CEC by bpTT was
opposed by Fishermen and Friends of the Sea (FFOS), a local NGO.
It was argued on behalf of FFOS that due to the complex nature of the proposed activities and the
voluminous documents, which the public was required to peruse in order to comment properly
on the EIAs, the EMA owed a duty to the public to provide a longer period for public comment
than the statutory minimum period of 30 days. FFOS was not successful in their judicial review
application, as the matter was filed outside the date for submitting such an application as stated
by Lord Walker of Gestingthorpe.64 The second issue of the written public comment period is the
availability of all relevant information to allow for meaningful public participation. It is now
accepted to be a clear duty on the part of a decision maker to provide sufficient information to
allow for meaningful public participation.
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Fishermen and Friends of the Sea v. The Environmental Management Authority and BP Trinidad and Tobago
LLC, Privy Council Appeal No. 30 of 2004 .
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Privy Council Appeal No. 30 of 2004 .
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