In a landmark environmental ruling, High Court Justice Robin Mohammed has nullified the Environmental Management Authority’s 2017 approval of a substantial housing development project planned for the historically significant St Augustine Nurseries in Curepe. The December 1st decision culminates a seven-year legal battle initiated by environmental advocate Dr. Wayne Kublalsingh and Trinidad Unified Farmers Association president Shiraz Khan.
The contested project involved the Housing Development Corporation’s proposal to construct twelve eight-story residential buildings totaling 504 units across seven hectares of fertile agricultural terrain near Farm Road and Southern Main Road in Valsayn. The court determined that the EMA had acted unreasonably by granting a Certificate of Environmental Clearance without mandating a comprehensive Environmental Impact Assessment despite the project’s scale and proximity to critical agricultural infrastructure.
Justice Mohammed’s ruling emphasized that the EMA failed to conduct sufficient due diligence, particularly regarding consultations with the Ministry of Agriculture as owner and operator of the nurseries. The court noted that the nurseries serve as vital propagation centers for plant materials essential to the nation’s agricultural sector and represent part of the historic St. Joseph Farm established in the 1930s for tropical plant conservation.
The judicial review revealed concerning gaps in the approval process, including alleged reliance on inaccurate information regarding hydrological features and the site’s relationship to the Valsayn aquifer. The court imposed a 42-day stay to allow the EMA to consider its options while ordering the authority to cover the claimants’ legal costs. The ruling mandates that any future consideration of the project must include a complete Environmental Impact Assessment addressing all relevant ecological factors.