A Certificate of Environmental Clearance (CEC) is a permit from the Environmental Management Authority (EMA), giving permission for certain types of projects and activities. The EMA is the body which has responsibility to co-ordinate, facilitate and oversee execution of an effective environmental regulatory programme, and to promote public awareness of the environment and the impact of certain activities on its sustainability. The Environmental Management Act, Chap 35:05, outlines a "designated list of activities" which require a CEC. These activities are considered to have the potential for significant adverse effects, or risks to the environment, whether in the phase of establishment, expansion, operation, decommissioning or abandonment. Activities for which CECs are required are wide-ranging. They may be categorised broadly as being related to:
Agriculture: eg fruit or vegetable farm; animal farms; heavy and light manufacturing industry; civil works; natural resource/mineral extraction and processing, eg oil and gas; construction works over a certain level, inclusive of clearing, excavating and grading of land; transport operations and construction of associated infrastructure; other service-oriented industries, eg. automotive repair garage, autobody shops or laundries.
Although a CEC is only one of the many approvals required before a project activity can commence, it is of some significance, since no construction for which a CEC is required can begin without the required approval having been obtained. Only minor works that are required to investigate the site will be allowed. The implication is that where project contractors begin developing a project site without adhering to these requirements and without obtaining the necessary environmental clearance, they are operating outside the law, and may be penalised. In making an application for a CEC, the applicant must disclose certain information to the EMA.
This information includes the purpose and objective of the activity; a description of the site and the areas likely to be affected by the proposed activity; the size and scale of the activity, including capacity, throughput, land space and covered areas; a description of the activity; the expected life of the activity; the proposed schedule of actions from preparatory work to start-up and operation; such maps, plans, diagrams, photographs, charts and other illustrative or graphic material as may facilitate understanding of the information presented and the nature of the site.
However, where any of the information required is a trade secret or confidential business information, the applicant may request that such information be omitted from the Register. This is necessary, as the Register is a public document, open to inspection by members of the public. In making a determination of the merits of the application for a CEC, the EMA will give consideration to the following factors:
-The effect of noise
-Dust and fumes
-Water above and below ground level
-Waste
-Flooding
-Landslides
-Beach destruction
-Damage to homes
-Whether the negative effects of the project can be reduced to acceptable levels
-The effect on animals and plants
-The effect on services such as drinking water, roads and traffic and electricity supply
Issues that affect the community such as health, wealth, education, custom and traditions that can be made better or worse by the project and can affect the environment. Although the EMA considers a very wide scope of factors in making a determination of whether to grant the CEC, there are certain other factors that the EMA does not have the power to consider. These include the health and safety of persons when working on a project during construction or operation, whether the project is zoned for agricultural, commercial, residential or industrial use, and whether the project is the most beneficial use of the country's energy resources.
The EMA may require the applicant to conduct an Environmental Impact Assessment (EIA) before a final determination is made as to whether the CEC should be awarded. An EIA is a study that is used to identify the environmental, social and economic consequences of any development project. The EIA ensures that any potential problems are foreseen and dealt with at an early stage in the project's planning and design.
The public can participate in the EIA process through direct contact with the EMA or developer's staff, submitting written comments or attending and voicing their concerns at public or community meetings.
Giselle Alisa Landeau and Westmin James
This article sets out general guidelines. All legal rules have exceptions and variations. How the law applies to you depends on the facts of your case.