By Prior Beharry
THE Environmental Management Authority (EMA) is continuing a training regime for police officers in the use of noise meters for noise monitoring and the calibration of these meters.
This was stated in a joint release between the EMA and the Trinidad and Tobago Police Service (TTPS) on Wednesday.
The release stated, “The EMA committed to continue to support the TTPS via an ongoing training regime for officers of the TTPS in the use of noise meters for noise monitoring and the calibration of these meters.
“Discussions are also ongoing regarding increasing the number of Police Officers in the EMA’s Environmental Police Unit (EPU), given that it forms an integral part of the EMA’s structure in its response to noise pollution.”
It stated that the TTPS and the EMA met on November 3 to to clarify and discuss the way forward given the 23 October 23, 2023 judgement of the Court of Appeal in the EMA’s Appeal against Wild Goose Limited.
The release stated, “This meeting was deemed critical considering that Trinidad and Tobago is approaching periods of heightened event activity.”
In that case the Court of Appeal upheld the EMA’s appeal against a judicial review ruling by Justice Margaret Mohammed in favour of fete promoter Wild Goose Ltd.
Wild Goose brought the claim after the EMA shut down its Tailgate Carnival event two hours early for breaches to noise levels at the Queen’s Park Savannah on February 26, 2019.
Justices of Appeal Allan Mendonca, Prakash Moosai and Gillian Lucky did not award the promoter any damages, deeming the noise generated by the fete as a “public nuisance.”
The release stated that coming out of the meeting, the TTPS TTPS recommitted to treating with noise pollution under section 70 of the Summary Offences Act.
It noted that the Appeal Court held, “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. 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.”
The release again cited the judgement, stating, “Although the instant appeal dealt with the limited issue of the propriety of the actions of the EMA and the police at an event, there were peripheral matters that had to be considered in order to determine the appeal.
“One of those matters was the role and function of the police in the enforcement of laws that deal with the control of noise pollution. Judicia lnotice was taken of the concern of the wider citizenry as to its rights with respect to
noisy neighbours, events and activities which result in loud and excessive noise.”
It stated, “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.”
In the meeting, the TTPS team was led by DCP Curt Simon and included ACP Kelvin Thompson, ACP Collis Hazel, ASP Ferguson, ACP Subero and ACP Winston Maharaj. The EMA team was led by its Managing Director, Hayden Romano and included other senior officers from the Authority’s Technical and Legal Departments.”
The release stated:
- Citizens should contact the nearest Police Station for issues related to residential noise. Residential noise is addressed via the TTPS under The Summary Offences Act Chap. 11:02;
- For issues related to noise pollution from events, commercial and industrial sources, please utilise the EMA’s Hotline at 367-8824 or complaints@ema.co.tt or 226-4EMA (4362) Ext #2.
