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The entrance to a quarry operated by Sammy Minerals Ltd off the Blanchisseuse Main Road, off Arima has been reported for trespass and unlawful removal of aggregate. – Darren Bahaw

A battle is set between one of this country’s oldest nature reserves – the Asa Wright Nature Centre – against one of the country’s biggest contractors – Junior Sammy – over access to a goldmine of limestone aggregate in an area known as Verdant Vale, in the Northern Range, just beyond the borough of Arima.

Naturalists see the fight as one between David and Goliath, and hope the quarry operator will concede or the High Court rule in its favour and benefit from millions of dollars in restitution, as well as have its lands restored.

The William Beebe Tropical Research Station, built in the early 1950s, stands on 31 acres right between two active quarries – one operated by National Quarries and the other by Sammy Minerals Ltd. The nature centre is on the St Patrick’s Estate, north of the Verdant Vale quarry, commonly referred to as the PTF 1 quarry.

Beebe, the renowned American explorer who founded the station, named it Simla because it bore a striking resemblance to the reserve of the same name that he visited in India.

The research station annually hosts international students from top universities as well as local students researching tropical wildlife. It accommodates 24 students at a time for three-month internships. The next intake is in October.

Simla was once home to 164 species of birds, 27 species of snakes, including the venomous mapepire balsain and mapepire zanana, and 16 species of amphibians.

But maintenance manager of the station Rupert Radix said the quarries have significantly reduced the number of birds, snakes, butterflies, agoutis and hunting ants once in abundance on the estate, and also destroyed a natural water source, leaving Simla dependent on a truck-borne supply.

A view from the William Beebe Tropical Research Station off Blanchisseuse Main Road, Arima. – Darren Bahaw

During a visit on August 24, the roar of heavy quarry machinery drowned out the sound of pouring rain and birdsong at the station.

According to court documents seen by Sunday Newsday, three trustees of the nature centre – senior counsel Fyard Hosein; Akilah Jaramogi, managing director of the Fondes Amandes Community Reforestation Project in St Ann’s; and Ruben McSween, former Unit Trust director – sued PTF Mining Ltd and Baksh Construction Services Ltd on February 8, 2019. They were seeking an injunction to cease mining operations on lands belonging to the nature reserve and compensation for over 125,000 cubic metres of aggregate, an estimated value of $14 million, which they claim was removed. A claim rejected by the quarry operator.

They also wanted compensation for damage to the “natural and delicate ecosystem,” the degradation of the tropical rainforests, soil erosion and damage to the natural hydrology and watersheds. The quarry operator said its activities did not cause any such damage.

The trustees are also seeking compensation for the destabilisation of the slopes, which caused land slippage, and costs to restore the area.

In court documents, Baksh Construction Services Ltd contends that there was no trespass or unauthorised removal of any material from lands belonging to the nature reserve and intends to rely on survey plans to challenge the lawsuit.

Maintenance manager of the Willaim Beebe Tropical Research Station fears that quarrying will chase more birds, butterflies and other wildlife on site on August 24. – Darren Bahaw

The company claims that in February 2015, its operators observed a fault line on a steep portion of what it assumed to be part of the quarry and took steps to bench the area to prevent further landslip and possible threat to workers and machinery below. On March 27, 2015, the company said it was accused of trespass and removing material from lands owned by the nature centre. After a survey of showed the stabilisation work was not on the nature centre’s land on June 11, 2015, the company said it was surprised that it was being accused of being on the nature centre’s land.

The company said any trespass on the nature centre’s lands is justified by the necessity to bench a fault line in order to preserve life and property.

An abandoned fresh water fish pond at the William Beebe Tropical Research Station. – Darren Bahaw

But even while this action drags on before High Court judge Nadia Kangaloo, with several case management hearings as the parties seek to settle, a new operator has taken over the quarry and has triggered a fresh wave of complaints to Energy Minister Stuart Young and other officials. The matter next comes up for hearing in October, when the court term reopens.

On January 4, chairman of the Asa Wright Nature Centre Prof Judith Gobin wrote to Young expressing alarm that in December 2021, the National Quarries had invited tenders for quarrying services at its limestone division, Verdant Vale, Arima. Gobin said in a meeting with the chief operating officer of National Quarries in November 2021, it was revealed that the state-owned company did not have a licence to mine at the Scott’s Quarry on the north ridge, which can been seen from the balcony of the nature centre.

“This blatant breach by the State of its own laws and policies (is) particularly abhorrent when it deals with environmental loss. The escalation of quarrying operations at Scott’s Quarry will compound the already severe negative impacts on the flora and fauna that inhabit the Spring Hill Estate and environs and the surrounding communities,” Gobin said.

She referred to a May 2021 Newsday article quoting the minister which said: “The illegal quarrying is not only destroying our environment, but it is also gangsterism. It is a brutal attack on what we the citizens of TT are entitled to in terms of the illegal extraction of aggregate from our lands as the people of TT.”

Young said the population could rest assured that as Minister of Energy, he would focus on this as a priority “in tackling that scourge.”

Gobin said in light of Young’s position she was hopeful that the ministry would take the necessary steps to ensure that lands are not illegally mined.

The entrance to a quarry operated by Sammy Minerals Ltd off the Blanchisseuse Main Road, off Arima has been reported for trespass and unlawful removal of aggregate. – Darren Bahaw

In a July 8 response to a complaint of trespass and unlawful mining on lands belonging to the nature centre, Monty Beharry, director of minerals at the Ministry of Energy, said Sammy Minerals Ltd took over operations of the quarry in October 2020 from Baksh Construction, and that the operator did not have a licence to mine and process aggregate.

He referred to Section 45 (1) of the Minerals Act, which lists a penalty of $500,000 and imprisonment of five years on summary conviction and a fine of $700,000 and imprisonment of up to seven years for a second offence.

Beharry said after receiving complaints from the chairman of the nature reserve in March and July, he directed Sammy Minerals to “re-establish all boundary demarcations by the placement of boundary irons, surrounding the 32-acre parcel for which Sammy Minerals has applied for a mining licence, clearly marked and maintained so as to be accessible at all times.”

Asked what steps the ministry had taken to ensure that Sammy Minerals is operating within its boundaries until a quarry licence is granted, the director of minerals said its officers make regular site visits to ensure that the quarry operations do not exceed their boundaries and where deviations are found, the company is directed to rescind such operations.

Beharry said Sammy Minerals was directed to establish a ten-foot buffer zone on the perimeter of the quarry where no work ought to take place. Sammy Minerals, he said, was directed by letter on January 27 to “immediately terminate all excavation activity on the land owned by the nature reserve “which are being damaged by your activities.”

A bird feeder hangs outside the William Beebe Tropical Research Station on August 24. – Darren Bahaw

The company was also told to “take the necessary steps to rehabilitate the affected” area “to the satisfaction of the director of minerals.”

Sammy Minerals has a certificate of environmental clearance from the Environmental Management Authority, which was transferred from Baksh Construction on October 14, 2020, and a blasting permit issued by the Commissioner of Police to Shivonne Sammy, which expired on April 20.

In answer to a freedom of information request on May 26 last year filed by the nature centre, the Ministry of Energy said no applications or approvals had been granted to any quarry operator between 2010 and 2021 for the area in question, and there was no record of any royalties paid by the operators between 2015 and 2021, “as the parcels were not licensed.”

Beharry in a WhatsApp reply Saturday said a meeting was scheduled for September 7 with Asa Wright Nature Centre and Sammy Minerals to discuss the matter, for a resolution of their dispute, “subject to the availability of both parties.”

Calls and a text message seeking comment from Junior Sammy, founder of the Sammy Group of Companies, were not answered.

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In this December 2021 file photo, anti-fireworks lobby groups hanged signs on trees at the Queen’s Park Savannah in protest of the use of fireworks. – Ayanna Kinsale

Stakeholders are calling on government to remove fireworks from the hands of the public and place them in the hands of licensed professionals who could provide entertainment on special occasions only in controlled environments.

These were the main recommendations at the third public consultation for the Summary Offences (Amendment) Bill 2022, aka The Fireworks Bill, on Thursday.

Minister in the Ministry of Legal Affairs Renuka Sagramsingh-Sooklal said the bill had been drawn from recommendations made during a 2017 Joint Select Committee and a 2020 position paper by the Environmental Management Authority. She was joined on a panel by three members of the Law Reform Commission (LRC) : Gerard Ramroop, Samraj Harripaul, SC, and Chantelle Latchmansingh.

The main legislative amendments in the draft bill are: regulating the use of fireworks through a permit system; making breaches of the law a ticketable offence via a fixed penalty system; general provisions for permits to be granted to use fireworks; requirements to notify certain entities about the intended use of fireworks; the use of fireworks on specified days such as New Year’s Eve without a permit; only people over the age of 18 being allowed to use fireworks; restrictions on the use of fireworks within half a mile of designated areas and for the relevant minister to make regulations.

Sagramsingh-Sooklal said the draft bill seeks to strike a balance between responsible use of fireworks and the peaceful enjoyment of property, public safety and the interests of the fireworks industry.

She said the purpose of the consultation was to gather the views of the public to the proposed legislation and incorporate them into the final draft legislation to be presented to Cabinet.

Fireworks Action Coalition representative Roger Marshall the proposed legislation contradicts previous recommendations.

“You are increasing the use of fireworks from what it is now. There is nothing in any previous recommendations that supports a free-for-all with fireworks. We recommend that fireworks should be taken out of the hands of the general public, since once you give them access, you can’t control or enforce them. There should be commercial service suppliers for fireworks, with shows on approved occasions like independence, so we’re not putting them out of business, they could be service providers for entertainment. People should be able to enjoy the beauty of the fireworks without the turmoil of the noise.”

He noted that noiseless fireworks were not strictly noiseless as they could produce sounds up to 70 decibels, so the noise levels would have to be regulated. He said fireworks shows should be held only at specific locations, preferably offshore, as anywhere there were fireworks, there would be death and harm. He invited members of the panel to accompany members of his organisation on their trips to collect carcasses of animals who would die after the fireworks which would take place for Independence celebrations.

Latchmansingh said the draft bill which had been presented was designed to make people aware of what was being proposed in order to obtain feedback, as well as addressing short-term solutions to the problem.

Harripaul said the LRC was collating all comments made during all of the public consultations and would use these to formulate the final amended bill. He said this was why no changes had been made to the draft bill since the first consultation in January.

Animal activist Danielle Francois asked what criteria would be used to determine what constituted a nuisance and how the ticketing system would work. Harripaul said a nuisance was defined under the Evidence Act. He said the fireworks bill sets a regulatory framework which allows officers to know when a ticket should be issued.

“A person is committing a breach of the law if they don’t have a permit for their fireworks, are under 18, and are setting off the fireworks outside of the specific times and places listed on their permit.”

TT Society for the Prevention of Cruelty of Animals chairman Sita Kuruvilla said the shelter is the only animal shelter in north Trinidad, and there are no government services to deal with stray and abandoned animals.

“We are suffering from overcrowding and a shortage of funds. The country doesn’t have the services to take up the fallout from fireworks, including the enforcement side of things. The Dog Control Act, the Animals (Diseases and Importation) Act, which has a welfare component, and we have these proposals under the Fireworks Bill, all of them depend on enforcement capability. The Dog Control Act was never enforced, we’re still working with the Animals Diseases and Importation Act, and there’s no implementation plan or capacity for implementation at this time. We think enforcement agencies are trying to deal with so many other priorities in the country now that this is not a top priority.”

She said in 2018 when then commissioner of police Gary Griffith appealed to people to abide by the existing law on fireworks, there was a massive free-for-all. She also advocated for fireworks to be removed from the hands of the public.

Kuruvilla asked what was the size of the fireworks industry and those who worked with it versus those who were being affected negatively.

Emperor Valley Zoo welfare officer Kimberley Howai said half a mile distance for fireworks was not far enough to use fireworks. She said dogs could hear fireworks from over a mile away, and the animals at the zoo were even more sensitive.

“A half mile from the zoo puts fireworks in the savannah, and the last time that happened in 2019, a kangaroo died, and all the animals were disturbed. There were also wild birds found dead in the area. Also, if we’re saying that fireworks are family entertainment, so is the zoo, and I don’t think one form should inconvenience the other.”

Ricardo Meade of the El Socorro Centre for Wildlife Conservation echoed the sentiment that fireworks should not be in the hands of ordinary citizens. He said police were already bogged down by crime and would not be able to enforce the fireworks bill.

“If people really need this form of entertainment, let it be less advanced types of fireworks, or in the hands of professionals. The AG recently suspended the sale of scrap iron at the stroke of a pen, where is the political will to ban fireworks?”

Animals Alive’s Kathyrn Cleghorn said her shelter takes care of 500 dogs, 75 cats, and two horses, and every year they are terrorised by fireworks and the bursting of bamboo. She invited the panel to spend a night at the shelter when fireworks are being set off to understand what it takes to protect the animals. She said government should make the best decisions for everyone, not just those who made a seasonal living from fireworks.

Former Chaguanas East MP Stephen Cadiz, who represented Fireworks Use Sufferers (FUS) said government should move immediately to control the useless noise generated by fireworks, as they had done with the scrap iron industry.

He said it was impractical to expect police to patrol retail sales of fireworks. He asked why noiseless fireworks were not part of the legislation.

Nalini Dial, also from FUS and Animals are Human Too, said it was obvious that governments did not care about animals. She said from her work as a pharmacist, she had seen patients come in with anxiety, insomnia, and high blood pressure from Divali onwards for the last 35 years. She said the police do not respond to complaints about fireworks.

She noted permits were already required to set off fireworks in cities and no-one adhered to this regulation.

Bijili Lalla secretary of the Law Association said the use of fireworks by individual citizens only began 15 years ago, and prior to that sparklers were the only types accessible.

“People say fireworks and noise are our culture but they only became so when people began importing fireworks for sale. Something needs to be done now to address this problem. Enforcement is critical. I live in an area where every home has someone between 70-90 years of age, and calling the police makes no difference.”

Sagramsingh-Sooklal said following the consultations, the LRC would work with the Criminal Justice Unit of the ministry to put all the concerns in the mix to tweak the proposed legislation.

Members of the public can send recommendations to communication@ag.gov.tt and events@ag.gov.tt, with the title The Fireworks Bill. The document can be viewed at https://agla.gov.tt/home/public-consultations/

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Suzanne Mills. –

The funeral of former Newsday editor-in-chief, Suzanne Mills will take place on Tuesday.

The Mills family said there would be a separate, private cremation but the funeral would take place at the Church of The Nativity, Crystal Stream, Diego Martin and it would be steamed on YouTube.

“The Mills family will like to thank everyone for their kind thoughts and wishes during this difficult time.”

Mills, 59, was the daughter of Newsday founding editor-in-chief and chairman, Therese Mills. Her body was found at her Aquamarine Drive, Diamond Vale home on August 14 after neighbours called the police when they noticed a smell coming from her house.

Her autopsy was done on Thursday but was found to be inconclusive because of the advanced stage of decomposition of the body.

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Toekomstige verkeersbrigadiertjes en hun ouders of verzorgers bezochten zaterdag een informatiedag van de afdeling Verkeer van de politie. In het

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