[UPDATED] EMA: $1,000 fine for fireworks misuse

A firework retailer and an anti-noise activist group offered sharply different views on how much fireworks need to be regulated and their effects.

Newsday sought their views after a warning by the Environmental Management Authority (EMA) in a paid press ad on August 30, ahead of Independence Day celebrations on August 31.

Individuals setting off fireworks without police permission face a $1,000 fine, the EMA said.

Citing harm to human and animal health from noisy fireworks, the EMA urged a switch to noise-reducing fireworks.

Citing Independence Day and Republic Day (September 24), the ad said the use of fireworks was governed by three laws – the Explosives Act, the Summary Offences Act and Fireworks Permit Regulations.

“Kindly note that any person who wishes to utilise fireworks is required to attain a permit from the Commissioner of Police (CoP) before igniting fireworks, as guided by regulation two of the Fireworks Permits Regulations made under the act (section 101).”

The regulations say the CoP or any police superintendent authorised by the CoP in writing may grant a written permit for the time, place and conditions for someone to use fireworks in a town.

The ad said igniting fireworks without a permit was a criminal offence under the Summary Offences Act (section 99), with the offender liable to a $1,000 fine.

The EMA said fireworks could harm human health by way of hearing loss, sleep disruption, stress and high blood pressure. Fireworks can also have a dangerous and sometimes fatal effect on animals, it added,

The EMA’s position paper on fireworks, it said, was to recommend a ban on noise-making fireworks and replace them with noise-reducing fireworks. This view is stated in a report dated 2020 posted on the EMA website, titled: Report on the results of a public survey on the use and impacts of fireworks in TT.

It said, “Based on the EMA’s continued work on the issue of fireworks, we recommend the ban of the importation of traditional fireworks, and the promotion of, and use of noise reducing (less than 100 decibel) fireworks, in TT.”

It recommended the release of fireworks should be restricted to specific occasions, such as New Year’s Eve, Independence Day, and national religious celebrations, and limited to certain times on these occasions.

The report also urged, “Designate areas for discharge of fireworks, such as open public spaces with adequate setbacks from sensitive receptors.”

It also recommended education and sensitisation of people on the benefits of instead using noise-reducing fireworks.

The report urged, “Increase fines and penalties for non-conformance of above recommendations.”

Fire One CEO Andre Abraham told Newsday his firm was organising firework displays on the night of August 31 at Queen’s Park Savannah, Port of Spain; San Fernando Hill; Arima Velodrome and Eddie Hart Grounds in Tacarigua. He viewed the displays as a celebration of all that was good in Trinidad and Tobago and said they would be accompanied by entertainment such as steelband and singing.

Asked about the EMA’s call for a shift to noise-reducing fireworks, he said, “We have included silent fireworks in our production. There are highs and lows. But it can’t be 20 minutes of silent fireworks, as people would get bored.

“It will be a very powerful event.”

He said people would be looking up at fireworks that represented “a bright future” for TT. Abraham said individuals could choose to buy noiseless fireworks at Fire One.

Asked about responsibility in the use of fireworks, he said it should involve tolerance and respect, which he said were two of the nation’s three watchwords assigned to the nation at Independence in 1962. (In fact the watchwords are: Disipline, tolerance and production.)

He said Fire One advocated for new legislation to specify dates and times for firework use, rather than long-drawn-out affairs.

“So the neighbour will know when to expect it.”

Abraham opined that even without new laws, people generally behaved very responsibly with fireworks.
“It is a much better situation than living next door to a noisy bar.”

Asked about the welfare of animals at the Emperor Valley Zoo, Port of Spain, during the firework display, he said he had written to the zoo management to advise of the time of the display, so they could take measures.

“We try to do the show as far away as possible, but if even we held the show out at sea the residual noise would travel.”

He said any ban on fireworks would backfire.

“If you ban fireworks or Carnival or alcohol, people will find a way to get them. Scratch bombs will return to the masses. Fire One has eliminated the use of high-power scratch bombs, giving consumers an alternative that is properly labelled and tested.”

Citizens Against Noise Pollution (CANP), in a statement to Newsday, strongly expressed its frustration at the continued use of fireworks for public displays.

“This comes on the heels of the joint select committee report laid in Parliament which recommended sweeping changes to the (setting-off)  of fireworks and (their) use.”

The JSC, for instance, called for identifiable public spaces where residents could gather to discharge fireworks under the supervision of a safety officer. Further, fireworks should not exceed a maximum prescribed decibel level.

“The EMA put a public notice on their website on the fireworks laws and regulations where a permit is needed from the Commissioner of Police to set these off. Where is the statement from the police service that they will enforce the legislation?”

CANP alleged a disconnect between the EMA and police over noise pollution, plus a lack of consultation with the general public,

“Why, before permits are granted, the public is not consulted? Year after year, there has been an outcry against the use of fireworks, yet we get a public notice of the legislation, and the police service cannot enforce the law.

“You can see the indiscriminate use of fireworks each year, but you hear of zero fines, and fireworks booths are free to sell these things everywhere.”

The group said NGOs like the Autism Society, TTPSCA, Animals Alive and CANPTT should be consulted, as representative of any citizens.

“Last year, they were drafting new fireworks legislation, and the Office of the Attorney General was consulting with the public. What happened?”

CANP said apart from clear safety risks, fireworks contribute to environmental harm.

“The noise pollution generated by fireworks disturbs people and animals, including pets and wildlife, leading to increased stress and behavioural issues. Something our country does not need more of.”

It added fireworks could negatively affect individuals with sensory sensitivities, increasing the effects of post-traumatic stress disorder (PTSD) and the effects of autism.

“The disruptive nature of fireworks can also affect sleep patterns and overall well-being, particularly in densely populated areas. In light of these concerns, exploring and promoting safer, more environmentally friendly alternatives for celebration and public displays is essential. By prioritising the safety and well-being of our communities and environment, we can find more sustainable ways to mark special occasions without the negative impacts of traditional fireworks.”

EMA chairman Nadra Nathai-Gyan told Newsday that under the Noise Pollution Rules, the EMA must measure the source of a noise complaint for 30 minutes. This meant the complaints addressed were more likely to be pervasive and continuous, such as noise from bars, rather than sporadic noise from fireworks.

Asked if noise complaints should be made to the police service or EMA, she replied, “You can call both. The EMA police can also act.”

Nathai-Gyan said in May, the Privy Council had ruled in the Wild Goose case that the authorities did have a legal right to mitigate noise sources. She said the EMA, with its current staffing levels, was building its links with the police to work together on specific complaints.

Nathai-Gyan said the EMA was advocating for silent fireworks. She felt fireworks use had now moved from indiscriminate to being more “controlled and event-based,” but said cases where fireworks were let off at 8 pm, 9 pm and 12 midnight would be quite irritating to neighbours.

This story has been adjusted to include additional details. See original post below.

INDIVIDUALS setting off fireworks without police permission face a $1,000 fine, the Environmental Management Authority (EMA) said in a paid press ad on August 30, the day ahead of Independence Day on August 31.

Citing harm to human and animal health from the noise made by fireworks, the EMA urged a switch to noise-reducing fireworks, which are quieter than traditional fireworks although not completely noiseless.

Citing Independence Day and Republic Day (September 24), the ad said the use of fireworks was governed by three laws – the Explosives Act, the Summary Offences Act and Fireworks Permit Regulations.

"Kindly note that any person who wishes to utilise fireworks is required to attain a permit from the Commissioner of Police (CoP) before igniting fireworks, as guided by regulation two of the Fireworks Permits Regulations made under the act (section 101)."

The regulations say the CoP or any police superintendent authorised by the COP in writing may grant a written permit for the time, place and conditions for someone to use fireworks in a town.

The ad said igniting fireworks without a permit was a criminal offence under the Summary Offences Act (section 99), with the offender liable to a $1,000 fine.

The EMA said fireworks could harm human health by way of hearing loss, sleep disruption, stress and high blood pressure. Fireworks can also have a dangerous and sometimes fatal effect on animals, it added,

The EMA's position paper on fireworks, it said, was to recommend a ban on noise-making fireworks and replace them with noise-reducing fireworks. This view is stated in a report dated 2020 posted on the EMA website, titled: Report on the results of a public survey on the use and impacts of fireworks in TT.

It said, "Based on the EMA’s continued work on the issue of fireworks, we recommend the ban of the importation of traditional fireworks, and the promotion of, and use of noise reducing (less than 100 decibel) fireworks, in Trinidad and Tobago."

It recommended the release of fireworks should be restricted to specific occasions, such as New Year's Eve, Independence Day, and national religious celebrations, and limited to certain times on these occasions.

The report also urged, "Designate areas for discharge of fireworks, such as open public spaces with adequate setbacks from sensitive receptors."

It also recommended education and sensitisation of people on the benefits of instead using noise-reducing fireworks.

The report urged, "Increase fines and penalties for non-conformance of above recommendations."