Revised Laws of Saint Lucia (2021)

Schedule 3

(Section 3)

PART 1
SAINT LUCIA SOLID WASTE MANAGEMENT AUTHORITY

1.     In this Schedule —

“Authority” means the Saint Lucia Solid Waste Management Authority established under section 3;

“Board” means the Board of the Authority established under paragraph 6;

“Castries Corporation” means the Castries Corporation established by the Castries Corporation Act;

“Financial year” means such period of 12 months as the Authority with the approval of the Minister of Finance, determines to be its financial year; but the first financial year of the Authority shall commence after this Act comes into force and shall end on such day as shall be determined by the Authority;

“General Manager” means General Manager of the Authority appointed under paragraph12, and includes any person for the time being performing the functions of the General Manager;

“member” means a member of the Board and “members” shall be construed accordingly;

“Minister” unless otherwise stated, means the Minister responsible for Physical Development, Environment and Housing.

2.     The Authority established under section 3 of the Act shall be a body corporate to which, subject to this Act, section 19 of the Interpretation Act applies.

3.

1.  

   (1)     The Authority shall for the purposes of the Act, provide coordinated and integrated systems for the collection, treatment, recycling and disposal of solid waste, including hazardous waste, and establish and manage sanitary landfills throughout Saint Lucia, as appropriate.

1.  

   (2)     Without prejudice to the generality of subparagraph (1), the Authority shall —

   1.  

      (a)     manage, regulate, control and treat waste either alone or in conjunction with private companies or organizations;

   1.  

      (b)     establish, maintain, improve and regulate the use of sanitary landfills and facilities, in accordance with established scientific principles and practices;

   1.  

      (c)     establish and manage facilities for the collection and treatment of waste including hazardous waste;

   1.  

      (d)     establish and maintain transfer stations;

   1.  

      (e)     establish and promote a resource recovery system;

   1.  

      (f)     oversee scheduling, safety and maintenance issues associated with solid waste management;

   1.  

      (g)     promote and oversee public education related to solid waste management in collaboration with the relevant Ministries;

   1.  

      (h)     develop a network to receive, monitor and respond to public complaints.

1.  

   (3)     Subject to subparagraphs (1) and (2) the Authority shall perform such other duties as the Minister may direct from time to time or as contained in any other enactment.

4.

1.  

   (1)     The Minister may, after consultation with the Board, give to the Authority directions of a general character as to the policy to be followed in the performance of its duties in relation to matters appearing to the Minister to concern the public interest.

1.  

   (2)     The Authority shall furnish the Minister with such returns, accounts and other information as he or she may require with respect to the property and activities of the Authority, and shall afford him or her facilities for verifying such information in such manner and at such times as he or she may require.

5.

1.  

   (1)     The Authority shall be administered by a Board which shall be constituted as follows —

   1.  

      (a)     the Permanent Secretary, Ministry of Physical Development, Environment and Housing who shall be the Chairperson;

   1.  

      (b)     the Permanent Secretary of the Ministry of Health shall be the Deputy Chairperson;

   1.  

      (c)     the Permanent Secretary of the Ministry of Finance or his or her nominee; (Substituted by Act 10 of 2007)

   1.  

      (d)     the Permanent Secretary of the Ministry of Social Transformation or his or her nominee; (Substituted by Act 10 of 2007)

   1.  

      (e)     the Attorney General or his or her nominee;

   1.  

      (f)     a representative of the Saint Lucia Chamber of Commerce;

   1.  

      (g)     a representative of the Association of Professional Engineers;

   1.  

      (h)     a representative of the Saint Lucia Hotel and Tourism Association; and

   1.  

      (i)     three persons appointed by the Minister who in his or her opinion represent any interests connected with or related to, the collection, disposal or recycling of waste.

1.  

   (2)     The persons appointed by the Minister shall hold office for a period not exceeding 3 years and shall be eligible for re-appointment.

1.  

   (3)     A member of the Board who cannot attend a meeting of the Board on account of illness or other illness or other temporary cause or who will be temporarily absent from the state shall inform the Chairperson.

1.  

   (4)     A member appointed by the Minister who absents himself without the leave of the Chairperson from 3 consecutive meetings of the Board shall cease to be a member.

1.  

   (5)     Where a member is absent on account of illness or other temporary cause or who is temporarily absent from the State, the Minister may appoint another person to be a temporary member for the period such illness or absence continues.

1.  

   (6)     The Board may regulate its own procedure.

6.

1.  

   (1)     The Chairperson or in his or her absence, the Deputy Chairperson shall preside at meetings of the Board.

1.  

   (2)     The Board shall meet at such times as may be necessary or expedient for the transaction of business, and such meetings shall be held at such place and times as the Board determines.

1.  

   (3)     At any meeting of the Board, 6 members shall form a quorum, but where any member is disqualified from taking part in any deliberation or decision of the Board with respect to any matter, he or she shall be disregarded for the purpose of constituting a quorum for deliberation on or deciding that matter.

1.  

   (4)     Subject to subparagraph (5), the Chairperson may at any time call a special meeting of the Board and shall however call a special meeting of the Board within 7 days of a requisition for that purpose addressed to him or her by any 3 members to consider the matters pertaining to such requisition.

1.  

   (5)     The Chairperson shall call a special meeting of the Board if directed to do so by the Minister.

1.  

   (6)     A decision of the Board with regard to any question shall be determined by a majority vote of all the members present at the meeting of the Board, and in any case where the votes of the members present in regard to any question are equally divided, the Chairperson presiding at the meeting shall have a casting vote in addition to his or her own vote.

1.  

   (7)     The Board may co-opt any one or more persons to attend any particular meeting of the Board for the purpose of assisting or advising the Board, but no such co-opted person shall have any right to vote.

1.  

   (8)     Minutes of the proceedings of each meeting of the Board shall be kept in such manner as the Board determines and must be confirmed by the Chairperson as soon as practicable thereafter at a subsequent meeting.

7.

1.  

   (1)     The Chairperson shall designate an employee of the Board to be the Secretary to the Board.

1.  

   (2)     The Secretary shall perform such duties, in relation to meetings of the Board, as the Chairperson determines.

8.

1.  

   (1)     The Board may appoint committees of the Board to examine and report to it on any matter arising out of or connected with any of its duties under this Act.

1.  

   (2)     Any such committee shall consist of at least one member of the Board together with such other persons, whether members of the Board or not, whose assistance or service the Board requires.

1.  

   (3)     The Board may, by resolution, reject or adopt a report of a committee —

   1.  

      (a)     either in whole or in part; or

   1.  

      (b)     with such modifications, additions or adaptations as the Board considers appropriate.

9.     No personal liability shall attach to any member of the Board with respect to anything done or caused to be done in good faith under this Act and any damages, compensation or costs, that are ordered to be paid by court of a competent jurisdiction by any such member shall be paid out of the funds of the Authority.

10.

1.  

   (1)     The Board shall, with the approval of the Minister, appoint a suitably qualified person to be the General Manager of the Authority on such terms and conditions as the Board determines.

1.  

   (2)     The General Manager shall exercise all such powers and duties that are vested in him or her by this Act and regulations made thereunder and shall be present at all meetings of the Board unless he or she is instructed by the Chairperson to withdraw from any meeting or he she has obtained leave of absence from the Chairperson or is incapacitated by illness or other cause from attending any meeting.

1.  

   (3)     Where the General Manager is absent from office due to illness or otherwise, the Board may, with the approval of the Minister, appoint a suitably qualified person to act as General Manager on such terms and conditions as the Board determines.

11.

1.  

   (1)     The Authority shall have such officers and staff as are appointed by the Board on such terms and condition as it determines and as it deems necessary for the proper carrying out of the functions of the Authority.

1.  

   (2)     The persons appointed under subparagraph (1) shall perform such duties as may be assigned to them by the General Manager.

12.

1.  

   (1)     Subject to the National Insurance Corporation Act or any enactment replacing it, the Authority may with the approval of, and subject to general policy directions by the Minister provide for the establishment and maintenance of a pension scheme for the benefit of its officers and staff.

1.  

   (2)     Without prejudice to the generality of subparagraph (1), the pension scheme may empower the Authority to —

   1.  

      (a)     grant gratuities, pensions or superannuation allowances to the widows, families or dependents or its officers and staff;

   1.  

      (b)     establish contributory and superannuation funds for the benefit of its officers and staff; and

   1.  

      (c)     enter into and carry into effect agreements with any general insurance company or other institution for the purpose of effecting the pension scheme.

13.

1.  

   (1)     The funds of the Authority shall consist of —

   1.  

      (a)     sums vested in or granted to, the Authority by the Government or international body or governmental agency;

   1.  

      (b)     sums collected by the Authority in respect of the levy and fees imposed by this Act;

   1.  

      (c)     sums borrowed by the Authority;

   1.  

      (d)     sums, becoming payable to or vested in the authority in respect of any matter that is incidental to its powers under this Act; and

   1.  

      (e)     sums received by the Authority from any short-term investment of the funds of the Authority.

1.  

   (2)     The funds of the Authority, in any financial year, shall be applied with respect to the payment of the following —

   1.  

      (a)     interest, principal and other charges in connection with the repayment of any loan obtained by the Authority;

   1.  

      (b)     remuneration, fees and allowances payable under this Act;

   1.  

      (c)     compensation, damages and fees ordered by a court of competent jurisdiction to be paid by any employee of the Authority; and

   1.  

      (d)     salaries, remuneration, allowances, pensions, gratuities, provident fund and other superannuation benefits, of the officers and staff, employed in or in connection with the activities carried on by the Authority.

(Amended by Act 10 of 2007)

14.

1.  

   (1)     The Authority may from time to time secure short term investment of its funds that are not required for the purposes of meeting its obligations or discharging its functions, under this Act.

1.  

   (2)     The income derived from any investment under subparagraph (1) shall be paid to the credit of the Authority.

1.  

   (3)     Any investment under this paragraph shall be subject to the approval of the Minister.

15.

1.  

   (1)     The Authority may from time to time borrow money —

   1.  

      (a)     from the Government; or

   1.  

      (b)     with the approval of the Minister, from any other source.

1.  

   (2)     The power to borrow money under this paragraph may be exercised —

   1.  

      (a)     by the creation of debentures or other security over the assets of the Authority;

   1.  

      (b)     by the creation and issue of debentures;

   1.  

      (c)     by way of re-financing;

   1.  

      (d)     by conversion, whether by arrangement with the holders of the existing debentures or debenture stock or other security out of moneys raised by the sale of the debentures or debenture stock or other security or partly in one way or partly in another; or

   1.  

      (e)     by the way of a guarantee provided by the Government.

1.  

   (3)     The power to borrow under this paragraph shall not be exercised unless a written proposal is first submitted to and approved by the Minister showing —

   1.  

      (a)     the amount and particulars of the proposed loan;

   1.  

      (b)     the rate of interest payable on the loan;

   1.  

      (c)     the source from which the loan is to be obtained;

   1.  

      (d)     the purposes to which the loan is to be applied; and

   1.  

      (e)     the manner in which the loan is to be repaid.

16.

1.  

   (1)     The Minister, may, with the approval of Parliament, guarantee in such manner and on such conditions as he or she considers appropriate, the repayment of the principal, interest and other charges with respect to any authorized borrowing by the Authority.

1.  

   (2)     Where the Minister is satisfied that there has been default in the repayment of any such principal, interest or other charges guaranteed under this paragraph, he or she shall give written directions that such payments be made out of the Consolidated Fund of the amount in respect of which there is a default.

1.  

   (3)     Subject to subparagraph (4), the Authority shall make payments to the Accountant General, at such times and in such manner as the Minister may direct, of such amounts as may be so directed in or towards the repayment of any sums paid in fulfillment of any guarantee given under this paragraph, and payment of interest on what is outstanding for the time being in respect of any sums so issued at such rate as the Minister directs.

1.  

   (4)     The Minister may for the purposes of subparagraph (3), direct that different rates of interest shall be payable with respect to different sums and for different periods.

17.

1.  

   (1)     The Authority shall establish and maintain a Reserve Fund which shall be dealt with and applied as the Authority determines.

1.  

   (2)     The Reserve Fund shall be derived from the surplus of the Authority and shall be such percentage as the Minister directs in writing.

18.     Any balance remaining at the end of the financial year which results from the exercise of the powers and duties of the Authority shall, after the deduction of an amount for the purposes of paragraph 17, be paid into the Consolidated Fund.

19.

1.  

   (1)     The Authority shall cause a budget to be prepared with respect to the ensuing financial year.

1.  

   (2)     The budget so prepared shall be submitted to the Board for approval.

1.  

   (3)     A copy of the budget approved by the Board shall be submitted to the Minister by the Board within 7 days after such approval.

20.

1.  

   (1)     The Authority shall keep proper books of account in which shall be recorded all its transactions to the satisfaction of the Board and shall prepare and retain financial statements in respect of each financial year.

1.  

   (2)     The financial statement shall represent the true and fair financial position of the Authority and of the results of the operations of the Authority.

21.

1.  

   (1)     The Accounts of the Authority shall be audited in each financial year by an independent, qualified and experienced accountant or firm of accountants appointed by the Board.

1.  

   (2)     The Board, and the officers and staff of the Authority shall make available to the Accountant all books, ledgers, deeds, contracts, accounts, vouchers and other documents which are required for the purposes of subparagraph (1), and the accountant may require any person holding or accountable for any such document to appear before him or her and give a signed statement or information in relation to any such document.

22.     The accountant shall as soon as practicable, but not later than 3 months after the end of each financial year, send copies of the audited financial statement and report to the Authority.

23.

1.  

   (1)     The Authority shall as soon as practicable but not later than one month after the receipt of the audited financial statement and report under paragraph 22, submit a separate report to the Minister containing —

   1.  

      (a)     the audited financial statement and the report received from the accountant; and

   1.  

      (b)     a review of the activities of the Authorities during the preceding financial year in such form as the Minister directs or approves.

1.  

   (2)     The Minister shall cause a copy of the audited financial statement and report thereon together with the review to be laid in both Houses of Parliament within one month of the receipt.

1.  

   (3)     In this paragraph Minister means the Minister of Finance.

1.  

   (4)     (1)     An environmental levy is hereby imposed on all visitors at such rate as the Minister by order prescribes, with respect to each visit to Saint Lucia.

1.  

        (2)     The environmental levy shall be collected by the Saint Lucia Air and Seaports Authority or by such agent of the Authority and paid over to the Authority at such time and in such manner as the Minister directs.

1.  

        (3)     For the purpose of this section “visitor” means a person who arrives in Saint Lucia, whether by air or by sea, for the purpose of business or vacation and is so admitted to remain in Saint Lucia whether for a day, or part, or longer.

1.  

        (4)     The Minister shall cause a notice of the appointment of any person or entity, as an agent of the Authority, to be notified in the Gazette.

1.  

   (5)     (1)     Where the proceeds of the levy in respect of any month are collected under subparagraph (2), they shall be paid over by the Saint Lucia Air and Seaports Authority to the Authority on or before the twenty-first day of the month following which such proceeds were collected.

1.  

        (2)     The Saint Lucia Air and Seaports Authority shall at the time of such paying over under subpargraph (1) submit to the Authority such records or other documentation concerning the collection of the levy for the period to which the proceeds of the levy relates.

1.  

   (6)     (1)     There shall be a fee to be known as a “haulage fee” which shall be paid by a person who requests the Authority to haul or transport solid waste to a sanitary landfill or elsewhere.

1.  

        (2)     The haulage fee shall be charged on the basis of the weight of the solid waste at such rate as the Minister prescribes by Order.

1.  

        (3)     The haulage fee payable under this section shall be paid to the Authority on or before the twenty-first day of the month following which the service was rendered; and any unpaid haulage fee that remains so unpaid for a period of 30 days from the due date becomes an unpaid debt to which section 31 applies.

1.  

   (7)     (1)     There shall be a fee to be known as a “tipping fee” which shall be paid by a person who requests that Authority to unload any container containing solid waste by mechanical means.

1.  

        (2)     The tipping fee shall be charged on the basis of the weight of the contents of the container that contains the solid waste and shall be at such rate as the Minister prescribes by Order.

1.  

        (3)     The tipping fee payable under this section shall be paid to the Authority on or before the twenty-first day of the month following which the service was rendered by the Authority; and any tipping fee that remains unpaid for a period of 30 days from the due date becomes as unpaid debt to which section 31 applies.

24.

1.  

   (1)     Service of any notice, order, or other document required or authorized under this Act or any regulation to be served on any person by the Authority may be effected by —

   1.  

      (a)     delivering it to that person;

   1.  

      (b)     leaving it at the usual or last known place of abode of that person; or

   1.  

      (c)     sending it by registered post addressed to the person at his or her usual or last known address.

1.  

   (2)     Service of any notice, order, writ or other document required or authorized under this Act or any regulation to be served on the Authority may be effected by —

   1.  

      (a)     delivering it to the General Manager;

   1.  

      (b)     sending it by registered post addressed to the General Manager at the office of the Authority.

25.

1.  

   (1)     Where for a period of 30 days any debt, by way of levy, fees or otherwise, is owed to the Authority, such a debt may be certified in relation to that person by the General Manager or other officer of the Authority in a certificate, called an unpaid debt certificate in the form prescribed in the Schedule 3 Part II.

1.  

   (2)     An unpaid debt certificate for the purposes of this paragraph shall be of no effect unless it is sworn to before the Registrar of the Supreme Court and bears the stamp or seal of that office duly affixed.

1.  

   (3)     An unpaid debt certificate shall be filed in triplicate, in the Land Registry or in the Registry of Deeds and Mortgages by the Authority and when so filed shall be deemed to be a judgement and shall take effect upon such registration in favour of the Authority against the person named in the certificate for the amount specified plus —

   1.  

      (a)     interest on such amount at the rate of 5% per annum or such other rate as may be prescribed for such purpose, whichever is the lesser; and

   1.  

      (b)     reasonable costs and disbursements attendant upon the registration of the certificate.

1.  

   (4)     Where an unpaid debt certificate is filed in accordance with this section, the person filing such certificate shall immediately deliver a copy of the certificate, bearing the stamp of the Land Registry or the Registry of Deeds and Mortgages, as the case may be, in which it is filed, to the person named in the certificate; but if a copy of the certificate is not delivered within 14 days of such filing, then subparagraph (2) shall cease to have effect with respect to the unpaid debt certificate.

1.  

   (5)     Where an unpaid certificate has been satisfied, the General Manager or other officer of the Authority shall cause a certificate of payment in the form prescribed in Schedule 3 Part III, to be registered in the Land Registry or the Registry of Deeds and Mortgages; but such a certificate shall be of no effect unless it is sworn before the Registrar of the Supreme Court and bears the stamp or seal of that office.

1.  

   (6)     A certificate of payment registered in accordance with subparagraph (4) shall have the effect of discharging a judgement under this section.

26.     Notwithstanding anything contained in any enactment to the contrary, where a judgement exists under paragraph 5(1), against any person in respect of any levy or fees, the Authority may proceed to execute and enforce that judgement in accordance with the relevant rules of court.

27.

1.  

   (1)     The Cabinet may by order vest any parcel of Crown Lands in the Authority in order to enable the Authority to give effect to its duties under this Act.

1.  

   (2)     Any land vested in the Authority shall be free from incumbrances.

1.  

   (3)     An order under this paragraph shall be subject to an affirmative resolution of Parliament.

PART II
UNPAID PREMIUM CERTIFICATE

Waste Management Act

PART III
CERTIFICATE OF PAYMENT

Waste Management Act