growth. By seeking approval through State agencies such as the EMA, the State may pursue
economically favourable activities that face social opposition. Therefore it becomes a
contentious issue in the public sphere and the perceived transparency of the governing body is
compromised. An example of this can be found in the decision of the Trinidad and Tobago
Government to construct and operate an aluminium smelter, Alutrint Limited. This was being
done by a joint venture between the State-owned National Energy Corporation (NEC) and Sural,
a Venezuelan aluminium entity. The terms and conditions of the Certificate of Environmental
Clearance (CEC) arose in the matter of People United Respecting the Environment (‘Pure’) v.
The Environmental Management Authority, Alutrint Limited and the Attorney General.68 The
Government of the Republic of Trinidad and Tobago approved the establishment of an
aluminium complex capable of producing 125,000 metric tonnes per annum; it is to be sited on
approximately 100 hectares of land at Main Site North, Union Industrial Estate in La Brea.69 The
establishment of the proposed aluminium complex requires the applicant to apply for a CEC and
this was received on April 02, 2007. Judge Mira Deen-Armorer stated this Court is obligated to
implement the caveat of Lord Walker in FFOS v. EMA70 that the Court should approach the
doctrine of substantial compliance with caution, when public consultations are affected.
The State as Facilitator of Economic Activities
The Government usually lays out its economic and social proposal and identifies the projects on
which it is basing its developmental prospects. Since it is a direct economic player, it is difficult
to be prevented by a State agency in its goal to promote economic activities. Presently in
Trinidad and Tobago heavy industrialisation is being promoted in light of the perceived
abundance of natural gas as a source of energy, which encourages high levels of international
trade. An example has been the promotion by the Government to construct a USD$1.2 billion
steel plant by the Mumbai-based Essar group, in the face of strong opposition by
environmentalists and communities neighbouring its proposed location between California and
Claxton Bay.
68
HC Deb 2 April 2007
Obtained from the Judgement of Justice Mira Deen-Armorer J.
70
Fishermen and Friends of the Sea v. The Environmental Management Authority and BP Trinidad and Tobago
LLC, Privy Council Appeal No. 30 of 2004 .
69
49