RECENTLY, via letter to the editor, a concerned citizen expressed deep frustration on noise pollution in Trinidad and Tobago. The view was proffered that the ‘EMA continues to fail citizens of T&T’.
As the EMA seeks to provide clarity on noise-related issues in Trinidad and Tobago, the Authority acknowledges that noise is a painful and frustrating topic for many citizens.
Currently, there are 11 pieces of legislation governing noise pollution and the EMA has the authority to act under one, as listed below: (Legislation-responsible entity)
• Police Service Act-TTPS
• Summary Offences Act-TTPS
• Noise Pollution Control Rules, 2001 (as amended)-EMA
• Fireworks Permit RegulationsTTPS
• Liquor Licence-TTPS/Licensing Committee
• Theatres and Dancehall Act and Regulations-TTPS/Licensing Committee
• Shops (Hours of Opening and Employment) Act-TTPS/Magistrates’ Courts
• Registration of Clubs ActLicensing Committee
• Motor Vehicles and Road Traffic Regulations-TTPS/Licensing Authority
• Maxi Taxi Act/Maxi Taxi (Radio) Order-TTPS/Licensing Authority
• OSHA-OSHA
The EMA has the legislative authority to act under the Noise Pollution Control Rules, 2001 (as amended) (NPCR), and its specific role relates to noise pollution from events, commercial and industrial sources.
Under the NPCR, any action the EMA can take regarding noise pollution is done through a statutory process that involves monitoring of the sound pressure level for sound emanating from an activity or through monitoring of an issued permit.
Based on the evidence gathered from the investigation or monitoring of the activity, the EMA can then initiate enforcement action if there is a breach of the prescribed standards of the NPCR or the sound pressure levels in the permit.
However, under the Summary Offences Act, where there is a complaint of noise disturbance or nuisance, the Trinidad and Tobago Police Service (TTPS) can act immediately to suppress the nuisance and ensure peace is restored. Section 70 of the Summary Offences Act states that any person who causes a nuisance to the public is liable to a fine of $1,500 or imprisonment for six months.
The EMA has and continues to respond to noise pollution complaints. However, a stronger collaborative effort is needed between all parties involved. It is noted that some Caribbean neighbours have taken steps to address this scourge of noise pollution.
In 2021, Dominica reported that 14 individuals were arrested for noise pollution disturbances and equipment was seized. (https://dominicantoday.com/dr/ local/2021/12/19/police-arrest-14for-noise-pollution-disturbancesand- seize-146-speakers/)
Initiatives taken by the EMA in the fight against noise pollution: 1. Prepared a detailed fireworks position paper, inclusive of a fireworks survey, to obtain data regarding the current practices, impacts and opinions, and proposed actions regarding fireworks. The EMA compiled and submitted its report with key recommendations on the way forward; 2. In 2022, the EMA successfully amended Rule 2 of the NPCR, which reduces the timeframe required to monitor noise levels from three hours to 30 minutes; 3. The EMA continues to host noise pollution sensitisation sessions with stakeholder groups, such as the Trinidad and Tobago Promoters Association; 4. Ongoing discussions are also hosted with the TTPS. The EMA has also conducted training with the TTPS on the use of noise meters; 5. The EMA has commenced incorporating noise pollution awareness in national public education campaigns, and launched the ‘love the music, lose the noise, listen responsibly’ campaign on social media and national television; 6. Introduced the EMA Complaints Hotline Service, which provides the platform for the EMA to address noise violations; 7. The EMA is producing a position paper on noise pollution, similar to its fireworks position paper. It is anticipated that this paper will contribute to meaningful dialogue and, ultimately, decisions on noise pollution and will incorporate global research on strategies implemented in other countries to facilitate Trinidad and Tobago’s capturing of best practices and legislative reform.
Mention must also be made that at the Wednesday, April 5, 2023, Joint Select Committee (JSC) on Local Authorities, Service Commissions and Statutory Authorities-An enquiry into the operations of the Environmental Management Authority (EMA) (with specific focus on noise pollution), several recommendations were suggested, including the use of noise wardens and making noise pollution a ticketable offence.
Environmental Management Authority Port of Spain
Responses