Public Hearing
The most substantial facet of the public participation procedure is the option of the EMA under
Section 28(3) of the EM Act 2000, to hold a public hearing where there is sufficient public
interest, a power which EMA has only intermittently utilized. In the bpTT case there was failure
to hold a public hearing, which constituted one of the grounds for judicial review. This was not
addressed due to the dismissal of the application on the grounds of undue delay and extensive
prejudice to third parties.
The issue of the public hearing has also been questioned in the case of Fishermen and Friends
of the Sea (FFOS) v. The Environmental Management Authority and Atlantic LNG Company
of Trinidad and Tobago (The ALNG case).65 It involved an appeal over the decision of the
EMA to permit a CEC to ALNG for the construction and operation of a Fourth Train for the
liquefaction of natural gas,66 the EMA held a public hearing pursuant to Section 28(3) of the EM
Act 2000 to receive verbal comments.
However, the EMA took the position that this section only required them to host a single meeting
and hear the views of the public and that there was no obligation to have any further meetings to
discuss with the public how their views were addressed by the EMA. Justice Stollmeyer in the
ALNG Matter agreed with the views of the EMA. However, environmental democracy based on
public participation and effective public consultation cannot be fulfilled with a single meeting by
an authority without engaging the public in a meaningful debate to demonstrate that their views
were considered and addressed in any final decision.
Factors Hindering Public Participation in Environmental Decision Making:
The Role of the Multinational Corporations
Trinidad and Tobago has attracted the economic ventures of many multinational corporations
(MNCs) largely based on prospects in the energy industry. Their headquarters are often located
in the developed world, which consistently purports well-established environmental policies,
high standards of ethics and environmental behaviour. However, although these policies may be
65
H.C.A. Cv. 2148 of 2003.
Fishermen and Friends of the Sea v. The Environmental Management Authority and Altantic LNG Company of
Trinidad and Tobago, H.C.A. Cv. 2148 of 2003.
66
47