Revised Laws of Saint Lucia (2021)

3I.   Forfeiture of goods imported contrary to section 3A

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   (1)   Where an ozone depleting substance is imported into Saint Lucia contrary to section 3A—

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      (a)     the Comptroller shall seize the ozone depleting substance; and

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      (b)     the ozone depleting substance shall be liable to be forfeited to the Crown;

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   in accordance with the procedures for prohibited goods provided for under the Customs (Control and Management) Act.

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   (2)   Notwithstanding subsection (1), where an importer imports a quantity of ozone depleting substances that is within the quota allocated to that importer but is in excess of the amount stated on the licence for that consignment, the Comptroller of Customs shall detain the excess of the ozone depleting substances pending submission of a valid ozone depleting substance licence by the importer for the extra amount.

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   (3)   Notwithstanding subsection (1), where an importer imports a quantity of ozone depleting substances that exceeds the allotted quota, the Comptroller of Customs may seize the excess amount of the ozone depleting substance but shall release the amount that is within the quota allocated and for which the importer holds a valid ozone depleting substance licence.

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   (4)   Where an ozone depleting substance is seized and forfeited under subsection (1) the Comptroller shall inform the Minister responsible for Commerce and the National Ozone Unit.

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   (5)   The ozone depleting substance seized under subsection (1), shall, subject to subsection (6), be held in bond by the Comptroller and the Comptroller may, in accordance with the Customs (Control and Management) Act, sell the ozone depleting substance to licensed registered importers in the same or subsequent years in quantities consistent with the upper limit of the import quotas as determined under section 3D.

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   (6)   Where an ozone depleting substance which has been seized and forfeited under subsection (1) has expired or has remained in bond for more than 2 years the ozone depleting substance shall be disposed of in accordance with the directions of the Minister on the advice of the National Ozone Unit.

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   (Inserted by Act 10 of 2011)