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Notice of Violation and Administrative Orders

The Environmental Management Act, Chapter 35:05 of 2000 (“the Act”) repealed and re-enacted the Environmental Management Act, 1995, and validated all acts and things done thereunder.  The Act was passed in the Senate on the 14th day of December 1999, and in the House of Representatives on the 21st day of January 2000.  The Act is now part of the laws of Trinidad and Tobago.

The Act authorises the Environmental Management Authority (“the Authority”) pursuant to Section 63 (1) to issue a written Notice of Violation where the Authority reasonably believes that a person is in violation of an environmental requirement.

Section 63 (2) of the Act provides that where a matter specified in a Notice of Violation may be satisfactorily explained or otherwise resolved between the person and the Authority:

  1. The Authority may cancel the Notice or dismiss the matters specified in the Notice; or
  2. An Agreed resolution may be reduced in writing into a Consent Agreement.

Section 64 of the Act provides that the Authority may issue an Administrative Order where the person:

  1. Fails to make representations to the Authority within the time specified in the Notice; or
  2. Is unable to resolve with the Authority all the matters specified in the Notice.

 

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