Legal Framework for the Protection of the Biological Diversity of Trinidad and Tobago
The management of biodiversity in Trinidad and Tobago is effected primarily through the Forests Act Ch. 66:01, the Conservation of Wildlife Act Ch. 67:01, Fisheries Act, Ch. 67:51 and the Environmental Management Act of 2000.
There is also a wide range of provisions within a number of other laws, that provide for the protection of the rich biological resources of Trinidad and Tobago. These legislation may protect the environment generally, determine authority for enforcement, delimit boundaries of national sovereignty, prohibit the import and export of biological materials. These include the Town and Country Planning Act, Ch. 35:01, Tobago House of Assembly Act, No. 40 of 1996, Customs Act Ch. 78:01, Archipelagic Waters and Exclusive Economic Zone Act No 24 of 1986, Plant Protection Act of 1975, the Marine Areas (Preservation and Enhancement) Act Ch. 37:02, Agricultural Fires Act Ch. 63:02, Sawmills Act Ch. 66:02, the Summary Offences Act Ch. 11:02, State Lands Act Ch. 57:01 and the Municipal Corporations Act 1990.
Primary Legislation
Forests Act
The Forests Act enables the designation of Forest Reserves and Prohibited Areas, and provides for the regulation of the exploitation of timber and non-wood forest products from state lands. It controls logging and sale of forest produce through the issuance of a Conservator’s licence and a removal permit.
Conservation of Wildlife Act
The Conservation of Wildlife Act replaces earlier legislation for the protection of “wild bird” and “ground game”. This Act enables the protection and conservation of fauna (mammals, birds and reptiles) through the regulation of hunting by a system of permits, closed seasons and game sanctuaries. The Act prescribes a closed hunting season which outlaws the taking, sale, purchase and possession of wild meat during this season.
Fisheries Act
The Fisheries Act is the primary legislation governing fisheries in Trinidad and Tobago prescribing jurisdiction over all rivers and the territorial sea. Its regulations specify the size and dimensions of nets or similar implements, determine the size of various catch, prohibits the sale of undersized catch, and prohibits fishing in certain areas.
Environmental Management Act
The Environmental Management Act provides for a co-ordinated approach to environmental management through a national environmental policy, environmental programmes, public awareness and development of subsidiary legislation for environmentally sensitive species and areas; pollution and hazardous substances; air and noise pollution; wastes; hazardous substances and spills; and assessment of environmental impacts through a certificate of environmental clearance. The Act also provides for the establishment of the Environmental Management Authority, Environmental Trust Fund and Environmental Commission.
The Act also provides for the designation of a defined portion of the environment within Trinidad and Tobago as an Environmentally Sensitive Area and certain species as Environmentally Sensitive Species for the purposes of conservation and protection.
Other Legislation
The Chaguaramas Development Act
The Chaguaramas Development Act provides for the establishment and operation of the Chaguaramas Development Authority. The principal function of the Authority is to undertake development of the North-West Peninsula of Trinidad in accordance with a development plan. Section 16(1) of the Act requires such a development plan to come into force before the President can make a Vesting Order transferring to and vesting in the Authority all or any part of the land to which such development plan relates. Accordingly, on October 9, 1974 the Governor General of Trinidad and Tobago vested essentially the entire North-West Peninsula of Trinidad to the Chaguaramas Development Authority. The Authority is therefore not only responsible for the management of the biological resources contained in the forests and marine areas of the lands vested to it, but also the development of build-up areas which includes,
inter alia:
- laying out, construction and maintenance of roads, construction and maintenance of buildings, and carrying out such other building and engineering operations as may be necessary or desirable
- provision and maintenance of car parks, piers, public parks or gardens and other public amenities
The Tobago House of Assembly Act
This Act allows the Tobago House of Assembly to formulate and implement policy in respect of matters relating to the conservation of the resources of biodiversity. These are land and marine parks, agriculture, fisheries, forestry and the environment.
The Marine Areas (Preservation and Enhancement) Act
The Marine Areas (Preservation and Enhancement) Act provides for the designation of restricted areas for biodiversity protection, recreation or research for both marine flora and fauna. It has been used for the protection of only one area to date – the Buccoo Reef in Tobago
The Town and Country Planning Act
The Town and Country Planning Act gives the power to make decisions regarding land development to the Minister of Planning and Development. It empowers the Minister, in the interests of amenity, to make provision for the preservation of any tree, trees, or woodlands through a tree preservation order, although no such orders have yet been made. The Town and Country Planning Act also provides for Statutory Development Plan for broad land use planning, and protected or prohibited areas or wildlife sanctuaries established under the Forests Act, the Wildlife Act, or the Marine Areas (Preservation and Enhancement) Act
Agricultural Fires Act
This Act provides comprehensive regulations regarding agricultural fires between June, 30th to December, 1st . It concerns fires which may cause danger to life, property or any crop of forest. Section 20 (1) states that a person who plants or caused to be planted any annual crop on any land upon which an illegal fire has been set is guilty of an offence.
Animals Act
The provisions of this Act ensure that the importation of any alien species (birds, reptile or insect) would not occur without the prior approval of the Chief Technical Officer of the Ministry of Agriculture, Land and Marine Resources. The Act therefore attempts to protect the country from the introduction of alien invasive species that could have a devastating effect on the country biological resources.
Importation of Live Fish Act
This Act imposes the same safeguards at the Animals Act to protect local fish stocks.
Plant Protection Act
Like the legislation that protects fauna, this Act attempts to ensure that no person imports any type of animal, plant or insect that would adversely impact local plant species.
Archipelagic Waters and Exclusive Zone Act
This Act provides that any ship passing within the EEZ of Trinidad and Tobago must not engage in any act of willful and serious pollution or in any fishing activities without the consent of the Minister. Section 21 of the Act entrusts the Minister with the responsibility of ensuring that proper conservation and management are practices, that over exploitation within the EEZ is not allowed and that specific guidelines are made regarding the amount of catch harvested by citizens of Trinidad and Tobago. Section 22 prohibits without consent, the exploration and exploitation, conservation and management of living and non-living natural resources.
Municipal Corporations Act
Section 232(1) of the Act provides the Municipal Corporations with responsibility for the maintenance, control and enhancement of the physical environment including monitoring water courses, beaches and water front areas, swamps, forests, game sanctuaries, savannas, parks and other open spaces.
Section 232(f) provides the Municipal Corporation with responsibility for the maintenance of parks, beaches, water fronts, swamps, forests, game sanctuaries.
Other laws with provisions which contribute to the conservation of the country biological resources:
- Customs Act
- Mongoose Act (-Section 2(1) - importation of mongoose)
- Beekeeping and Bee Products Act (Section 9(b) - importation and exportation of bees)
- The Cocoa and Coffee Industry Act (Section 3 - importation and exportation of cocoa)
- Exportation of Fruit Act (Section 8 exportation of fruits)
- Summary Offences Act (Section 16 and 19 - wounding of animals and damage to plants)
- Malicious Damage Act (Section 17 - setting fire to plants. Section 19 - Malicious damage to plants)
- Continental Shelf Act (Section 3(1) -rights over natural resources in the sea)
- Queen's Park Act (Control over the Queen's Park Savannah)
- San Fernando Recreation Ground Act (Control over the San Fernando Recreation Ground)
- Botanic Gardens Act (Establishment of the Botanic Gardens)
- Recreation Grounds and Pastures Act (Section 2(1) - authorization for the making of regulations to govern the use of any public recreation ground or pasture)
