Conrad Enill, Trinidad and Tobago's minister of energy. - File

Work continues on the site for the 125,000-tonne aluminium smelter in Trinidad and Tobago despite a ruling last week by a high court judge that the environmental permit for its construction was flawed.

In response to a request by environmental activists and opponents, high court judge Mira Dean-Armorer quashed the environmental permit issued by the Environmental Management Authority (EMA) for the construction of the country's first aluminium smelter complex in the southern-eastern region of La Brea.

Dean-Armourer said while the court has no jurisdiction over the construction of the smelter plant, it was concerned about the threat and irreversible damage to the environment.

State-agency, the National Energy Corporation (NEC), the manager of Union Industrial Estate and La Brea Industrial Estate where the project is situated said the work that is continuing is not in breach of the court ruling.

"NEC wishes to clarify for the benefit of the general public that work underway at Union Industrial Estate, specifically the construction of the TGU Power Plant, the Temporary Work Camp (TWC) for Alutrint's EPC contractor, the China National Machinery and Equipment, Import and Export Corporation, (CMEC), the new port at Brighton, La Brea, as well as overall estate preparation works, are each governed by approved Certificates of Environmental Clearance or CECs," the agency said.

"As such, these works will continue under the ambit of the approved CECs."

Alutrint retracted an earlier statement that it had directed the construction companies carrying out pre-construction work for the start of construction by the third quarter, to temporarily cease all work.

Justice Dean-Armorer said the EMA which had issued a Certificate of Environmental Clearance (CEC) to Alutrint in 2007 had failed to take into consideration the cumulative impact of three major industrial projects, including the smelter.

Sustainable development

Beside the planned smelter, a power plant is being built there and a port facility is also planned, and the judge said all of this could affect human health and safety.

In response to the ruling, the EMA said most aspects of the ruling went in its favour.

It added that the 156-page judgment concedes the EMA has performed well in its attempts to achieve balance between the economic and environmental factors in achieving the goal of sustainable development.

"We feel that in this case the Certificate of Environmental Clearance (CEC) process was a viable mechanism that provided a sufficient level of detail for the EMA and the public to understand the potential environmental impact of the development. In this context we believe that there are elements that may provide grounds for us to exercise the right of an appeal," it said in a statement.

The Trinidad and Tobago's government has already said it would appeal the judge's ruling over the permit for the smelter, whose building is estimated to cost up to US$600 million.

Asked if the project would be stopped, Prime Minister Patrick Manning said: "The answer to that is no, it will not stop."

Energy Minister Conrad Enill echoing similar sentiments, suggesting that the developments would not delay the project.

"As far as I am concerned, the CEC process is one the EMA has authority over. I would like to understand what are the issues. When we took the decision on the basis of health and safety issues, there were no challenges. If there is an issue now, if we have to, we would look at and if we have to re-apply, so do," Enill said.

"It was our view to bring the smelter forward and the process is still very much the one we have to take."

A critic of the project, activist Wayne Kublalsingh, described the Alutrint aluminum smelter as the worst economic fit for the country.

"It is an economic bust. It is destructive to human health. It is an ecological nightmare," Kublalsingh said.

"It prevents the evolution of a suitable and lucrative economic fit for the republic."

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