Ceres challenges head of EPA

Dear Editor,

THE response of Indarjit Ramdass of the Environmental Protection Agency (EPA) fails to address the EPA contravention of the Environmental Protection Act 1996. His attempt to place the responsibility for the prevailing situation at the door steps of the Environmental Assessment Board (EAB) betrays his lack of knowledge of the EP Act 1996.These, when coupled with several falsehoods in his response, in addition to calling his motives further into question, attest to the reality that he is ill-suited to serve as the Executive Director of the EPA.

The EP Act 1996 states: “In the exercise of its functions, the Agency shall (a) compile and amend from time to time, with the assistance of internationally recognised environmental groups, a list of approved persons who have the qualifications and experience to carry out environmental impact assessment”. The act clearly establishes that the list must be compiled only after assistance is provided by an internationally recognised environmental group(s).

There is no stipulation in the EP Act, as claimed by Ramdass, to the effect that the EPA may approach internationally recognised environmental group(s). Ramdass must identify the internationally recognized environmental group(s) which provided assistance to compile the list, if his intent is to demonstrate the legality of the EPA action.

He cannot respond appropriately to this issue, since this was never done.
Ramdass’s ignorance in relation to the EP Act 1996 is further compounded by his attempt to link the Environmental Assessment Board (EAB) to his illegal act. The Third Schedule of the EP Act, 1996 clearly stipulates the role of the EAB. It does not grant the EAB the authority claimed by Ramdass.

If he chooses to dispute this, Ramdass must clearly identify the clause in the Third Schedule of the EP Act 1996 which grants authority to the EAB to circumvent the law.

Ramdass further attempts to justify his contravention of the act by claiming that I served on the EAB when his illegal procedure was developed.
This is false. The Third Schedule of the EP Act, 1996 grants no such authority to the EAB, and I was never a party to what Ramdass refers to as “operational of these stipulations”.

He can counter my assertion by simply placing in the public domain the minutes of all meetings of the EAB to which I was a party.

Ramdass’s lack of understanding of the intent of the EPA Act 1996 is clearly evident in his statement “It is important to note that the EPA does not deny anyone opportunity to register. Consultants register of their own free will and (their?) determination that they are qualified in their area of expertise and are competent to undertake the necessary environmental studies”.

His attempt to substitute “their own free will and (their) determination that they are qualified…studies” fails to adhere to the legally mandated requirement that internationally recognized environmental groups evaluate and approve of persons placed on that list. His statement is further evidence to the fact that no evaluation is conducted to determine the capacity of persons (firms) on the list maintained by the EPA. He has simply substituted payment of US$15. and “their own free will and (their) determination that they are qualified… studies” as the basis for compilation of his list. This is evidently fraught with possibilities of corruption, since inclusion on the list is not dictated by qualifications and experience, as was intended by the EPA Act 1996. The fact that the EPA procedure has long been established is no more legal than was the long established withholding of funds from the Contingency Fund. The Government has seen it fit to correct the latter; the EPA must correct the former, to ensure adherence to the law.

Alternatively, Ramdass must provide legal justification for EPA breach of the intent of the EP Act 1996.
Regards,
CHARLES P. CERES

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