ATTORNEY Ramesh Lawrence Maharaj SC has argued that the Environmental Management Authority (EMA) decision to grant a Certificate of Environmental Clearance (CEC) to Alutrint for the aluminium smelter plant was ’nakedly’ ultra vires, or beyond the legal authority of the EMA, and was therefore ’null and void and of no effect’.

’This CEC is ultra vires and cannot be saved.’

Maharaj, representing Trinidad and Tobago Civil Rights Association and Chatham/Cap-de-ville Environmental Protection Co Ltd, began his submission in the Appeal Court on the sixth day of a civil appeal on the smelter. The EMA and Alutrint filed the appeal challenging a High Court Ruling on June 16 that quashed the CEC for the multi-million dollar project in La Brea.

He said according to Section 28 of the Environmental Management Act it was mandatory for an Environmental Impact Assessment (EIA) to be made available to the public as part of the administrative record. He said that the Authority can reject the EIA or request more information, and after granting provisional approval the public then comments.

Maharaj noted the EMA itself said the EIA from Alutrint was deficient and incomplete, its consultant Jacques Whitford found the supplemental EIA also incomplete, and therefore the public was not enabled to make a fair and informed decision.

The hearing continues today.