The Appeal Court has allowed an appeal by the Environmental Management Authority in its case involving WildGoose Limited and a Carnival event held back in 2019.

The event at the Queen’s Park Savannah was allegedly shut down after repeated warnings about noise levels exceeding those outlined in a Noise Variation granted by the EMA.

In June 2021, High Court Judge Margaret Mohammed ruled that the EMA and the police do not have the power to shutdown authorised events due to noise levels.

Today however, the Appeal Court set aside the orders of the trial judge, stating that “As part of a police officer’s duty, and in the exercise of his discretion in all the circumstances of the case, we are of the view that the decision may rightly be made to take all reasonable steps to immediately abate a public nuisance.”

It added that, “The need for such latitude is even more apparent when contemplating the specialist function of Environmental Police Unit officers, one of their chief responsibilities being the protection of the environment, including from noise pollution.”

Commenting on the ruling, the EMA said “the public should be advised that there are laws especially the Environmental Management Act, section 70 of the Summary Offences Act and the provisions of the Motor Vehicle and Road Traffic Act that enable the police to provide immediate relief when there is a threat or actual contravention of the law.”