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Secondary Legislation


Agricultural Fires Act
This Act provides comprehensive regulations regarding agricultural fires between June, 30th to December, 1st . It concerns fires which may cause danger to life, property or any crop of forest. Section 20 (1) states that a person who plants or caused to be planted any annual crop on any land upon which an illegal fire has been set is guilty of an offence.

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Animals Act
The provisions of this Act ensure that the importation of any alien species (birds, reptile or insect) would not occur without the prior approval of the Chief Technical Officer of the Ministry of Agriculture, Land and Marine Resources. The Act therefore attempts to protect the country from the introduction of alien invasive species that could have a devastating effect on the country biological resources.

 

Archipelagic Waters and Exclusive Zone Act
This Act provides that any ship passing within the EEZ of Trinidad and Tobago must not engage in any act of willful and serious pollution or in any fishing activities without the consent of the Minister. Section 21 of the Act entrusts the Minister with the responsibility of ensuring that proper conservation and management are practices, that over exploitation within the EEZ is not allowed and that specific guidelines are made regarding the amount of catch harvested by citizens of Trinidad and Tobago. Section 22 prohibits without consent, the exploration and exploitation, conservation and management of living and non-living natural resources.

 

Chaguaramas Development Act
The Chaguaramas Development Act provides for the establishment and operation of the Chaguaramas Development Authority. The principal function of the Authority is to undertake development of the North-West Peninsula of Trinidad in accordance with a development plan. Section 16(1) of the Act requires such a development plan to come into force before the President can make a Vesting Order transferring to and vesting in the Authority all or any part of the land to which such development plan relates. Accordingly, on October 9, 1974 the Governor General of Trinidad and Tobago vested essentially the entire North-West Peninsula of Trinidad to the Chaguaramas Development Authority. The Authority is therefore not only responsible for the management of the biological resources contained in the forests and marine areas of the lands vested to it, but also the development of build-up areas which includes, inter alia:

  1. laying out, construction and maintenance of roads, construction and maintenance of buildings, and carrying out such other building and engineering operations as may be necessary or desirable
  2. provision and maintenance of car parks, piers, public parks or gardens and other public amenities

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Importation of Live Fish Act
This Act imposes the same safeguards at the Animals Act to protect local fish stocks.

 

Marine Areas (Preservation and Enhancement) Act
The Marine Areas (Preservation and Enhancement) Act provides for the designation of restricted areas for biodiversity protection, recreation or research for both marine flora and fauna. It has been used for the protection of only one area to date – the Buccoo Reef in Tobago.

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Municipal Corporations Act
Section 232(1) of the Act provides the Municipal Corporations with responsibility for the maintenance, control and enhancement of the physical environment including monitoring water courses, beaches and water front areas, swamps, forests, game sanctuaries, savannas, parks and other open spaces.

Section 232(f) provides the Municipal Corporation with responsibility for the maintenance of parks, beaches, water fronts, swamps, forests, game sanctuaries.

Other laws with provisions which contribute to the conservation of the country biological resources:

  1. Customs Act
  2. Mongoose Act (-Section 2(1) - importation of mongoose)
  3. Beekeeping and Bee Products Act (Section 9(b) - importation and exportation of bees)
  4. The Cocoa and Coffee Industry Act (Section 3 - importation and exportation of cocoa)
  5. Exportation of Fruit Act (Section 8 exportation of fruits)
  6. Summary Offences Act (Section 16 and 19 - wounding of animals and damage to plants)
  7. Malicious Damage Act (Section 17 - setting fire to plants. Section 19 - Malicious damage to plants)
  8. Continental Shelf Act (Section 3(1) -rights over natural resources in the sea)
  9. Queen's Park Act (Control over the Queen's Park Savannah)
  10. San Fernando Recreation Ground Act (Control over the San Fernando Recreation Ground)
  11. Botanic Gardens Act (Establishment of the Botanic Gardens)
  12. Recreation Grounds and Pastures Act (Section 2(1) - authorization for the making of regulations to govern the use of any public recreation ground or pasture)

 

Plant Protection Act
Like the legislation that protects fauna, this Act attempts to ensure that no person imports any type of animal, plant or insect that would adversely impact local plant species.


Tobago House of Assembly Act

This Act allows the Tobago House of Assembly to formulate and implement policy in respect of matters relating to the conservation of the resources of biodiversity. These are land and marine parks, agriculture, fisheries, forestry and the environment.

 

Town and Country Planning Act
The Town and Country Planning Act gives the power to make decisions regarding land development to the Minister of Planning and Development. It empowers the Minister, in the interests of amenity, to make provision for the preservation of any tree, trees, or woodlands through a tree preservation order, although no such orders have yet been made. The Town and Country Planning Act also provides for Statutory Development Plan for broad land use planning, and protected or prohibited areas or wildlife sanctuaries established under the Forests Act, the Wildlife Act, or the Marine Areas (Preservation and Enhancement) Act.

 

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Primary Legislation


Conservation of Wildlife Act
The Conservation of Wildlife Act replaces earlier legislation for the protection of “wild bird” and “ground game”. This Act enables the protection and conservation of fauna (mammals, birds and reptiles) through the regulation of hunting by a system of permits, closed seasons and game sanctuaries. The Act prescribes a closed hunting season which outlaws the taking, sale, purchase and possession of wild meat during this season.

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Environmental Management Act
The Environmental Management Act provides for a co-ordinated approach to environmental management through a national environmental policy, environmental programmes, public awareness and development of subsidiary legislation for environmentally sensitive species and areas; pollution and hazardous substances; air and noise pollution; wastes; hazardous substances and spills; and assessment of environmental impacts through a certificate of environmental clearance. The Act also provides for the establishment of the Environmental Management Authority, Environmental Trust Fund and Environmental Commission.

The Act also provides for the designation of a defined portion of the environment within Trinidad and Tobago as an Environmentally Sensitive Area and certain species as Environmentally Sensitive Species for the purposes of conservation and protection.

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Fisheries Act
The Fisheries Act is the primary legislation governing fisheries in Trinidad and Tobago prescribing jurisdiction over all rivers and the territorial sea. Its regulations specify the size and dimensions of nets or similar implements, determine the size of various catch, prohibits the sale of undersized catch, and prohibits fishing in certain areas.

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Forests Act
The Forests Act enables the designation of Forest Reserves and Prohibited Areas, and provides for the regulation of the exploitation of timber and non-wood forest products from state lands. It controls logging and sale of forest produce through the issuance of a Conservator’s licence and a removal permit.

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Policies

There are currently six (6) national policies related to protected areas and biodiversity management in Trinidad and Tobago:

1) National Environmental Policy (2006)

2) National Forest Policy (2011)

3) National Protected Areas Policy (2011)

4) National Policy and Programmes on Wetland Conservation for Trinidad and Tobago (2002)

5) National Tourism Policy of Trinidad and Tobago (2010)

6) National Wildlife Policy (2013)


There are also two (2) draft national plans and policies existing:

1) Draft National Water Resources Policy
2) Draft Wildlife Strategic Plan



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The National Wildlife Policy

The National Wildlife Policy was formally approved by Cabinet in December, 2013. A Draft Wildlife Policy was developed for Trinidad and Tobago by a Cabinet-appointed Technical Committee and was made available to the general public for comment and public consultations were held during the period January to March, 2013 throughout Trinidad and in Tobago. Additionally, The Ministry of the Environment and Water Resources facilitated special meetings for major stakeholders to elicit views and recommendations on the Draft Policy.

These comments were then reviewed and used to revise the Draft by the Technical Advisory Committee. Once final adjustments were made, the Draft Policy was sent to Cabinet for consideration and on December 19, 2013 Cabinet adopted the National Wildlife Policy for Trinidad and Tobago.

The Ministry of the Environment and Water Resources, the Forest Division and the Tobago House of Assembly express gratitude to all those who participated and contributed to the process of finalising the Policy and as such, enhancing the policy framework for the sustainable management of wildlife resources of the country.  Development of an appropriate legislation and administrative framework for the implementation of the Wildlife Policy is currently underway.


» PDF document: National Wildlife Policy

Summary of the National Wildlife Policy

The Wildlife Policy provides guidance on the sustainable management of undomesticated animals and plants, whether introduced, resident or migratory, their parts or derivatives, and their habitats. It addresses issues related to endangerment and provides guidance on the management of threatened species. It also addresses key policy issues on the management of game species, wildlife habitat and the engagement of civil society in the management of wildlife.

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Policy Context

Trinidad and Tobago has a rich diversity of wildlife species compared to other Caribbean islands due primarily to its location and geological relationship with the South American continent. The country’s wildlife resources are of great importance to all sectors of Trinidad and Tobago society playing a critical role at both national and local levels, mainly through agriculture, fishing, recreation, tourism and culture. Rural communities depend upon a variety of wild flora and fauna for their existence through hunting, fishing, craft, tour guiding and other nature-based activities. Activities such as nature tours to the Caroni Bird Sanctuaries, forest trails, marine turtles nesting sites and coral reefs in Tobago generate revenue for individuals and communities associated with these features. Trinidad’s five (5) terrestrial species of game animals also support a diminishing hunting industry. The country’s wildlife fauna and flora are also prized in the international pet (particularly tropical fish, reptiles and birds) and horticultural markets.

The management of the country’s wildlife resources is effected through the Conservation of Wildlife Act, Chapter 67:01 which was enacted in 1958. The Forestry Division has responsibility for the enforcement of the Act and the management of wildlife resources in Trinidad. In this regard, a Wildlife Section was established in 1981 as a sub-unit of the Forestry Division and is staffed by Game Wardens and Foresters supervised by a Wildlife Biologist. In Tobago, the Wildlife Unit of the Department of Natural Resources and the Environment (DNRE) of the Tobago House of Assembly (THA) has a similar role as the Wildlife Section in Trinidad, and in addition is responsible for Wetlands Management and Responding to Wildlife Stranding. The Head of the Wildlife Unit is a Wildlife Management Officer, and the Unit is presently staffed by six (6) Game Wardens and two (2) Foresters.

The current Conservation of Wildlife Act which replaced earlier legislation for the protection of “wild bird” and “ground game”, enables the protection and conservation of fauna (mammals, birds and reptiles) through the regulation of hunting by a system of permits, closed seasons and game sanctuaries. The Act prescribes a closed hunting season which outlaws the taking, sale, purchase and possession of wild meat during this season. Despite superficial amendments to the Act to address certain management issues since 1958, there continues to be a deterioration of the country’s wildlife resources. Growing population pressures, industrialization and unsustainable utilization of the country’s biological resources have resulted in the significant deterioration of the natural environment. The high biological diversity of the country within a very small geographic area implies that relatively small incremental loss in natural areas can have serious impacts on ecosystem integrity and resiliency. Given these factors it is imperative that a policy be developed to sustainably manage the country’s wildlife resources.

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National Tourism Policy (2010)

This policy was developed to guide tourism development in the country.  The objectives of this policy include, inter alia, to enhance, protect and preserve the natural and social environment. Under its section on Environmental Protection, the government is required to collaborate with the appropriate organisations to address improper industrial practices and ensure policing of coastal waters at reefs and beaches to prevent improper practices such as sand mining, reef walking, improper waste disposal, and the pollution of rivers and swamp habitats by unfriendly agricultural and manufacturing entities.

The policy further notes that in an effort to alleviate the stress on the environment, certain areas in the island of Tobago will be restricted and a valid permit needed to access others. The designated restricted areas include:

  1. Little Tobago (permit required)
  2. Waterfalls around the island
  3. Rainforests
  4. All dive sites surrounding Tobago

» Download Policy PDF

  1. National Policy and Programmes on Wetland Conservation for Trinidad and Tobago (2002)
  2. National Protected Areas Policy (2011)
  3. National Forest Policy (2011)
  4. National Environmental Policy (2006)

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