Revised Laws of Saint Lucia (2021)

24.   Waste haulage licence

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   (1)   Subject to subsection (2) and to section 28, no person shall transport waste for reward unless that person is a holder of a Waste Haulage Licence issued by the Authority.

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   (2)   The provisions in subsection (1) do not apply to the transportation of —

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      (a)     household waste, including bulky items such as white goods, by the owner or tenant of the said property where the waste was generated;

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      (b)     waste generated by activity in the vehicle in which the waste is being transported;

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      (c)     waste under such other exempted circumstances as may be prescribed by Regulations.

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   (3)   An application for a Waste Haulage License shall be made to the Authority in the prescribed form and accompanied by the prescribed fee.

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   (4)   The Authority shall consider and may issue a Waste Haulage Licence within 60 days of the date on which the application is received, unless the Authority is satisfied that denying the application is necessary for the purpose of preventing —

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      (a)     pollution of the environment;

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      (b)     harm to human health or safety; or

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      (c)     any danger or hazard to public highways or traffic.

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   (5)   The Authority shall, before issuing a Waste Haulage Licence —

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      (a)     immediately refer the application to the Scheduled agencies for written comments and the Scheduled agencies shall respond within 30 days; and

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      (b)     consider any submission or representation made by the Schedule agencies in relation to the application.

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   (6)   A Waste Haulage Licence shall be issued subject to such conditions as appear to the Authority to be appropriate for the purposes of conformity with the National Waste Management Strategy under this Act including —

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      (a)     requirements relating to the maintenance of vehicles and all equipment utilized in waste haulage in a suitable and satisfactory operating condition;

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      (b)     requirements for the management of wastes during transportation to ensure the coverage of waste in the vehicle at all times sufficient to ensure that waste cannot blow out, fall or otherwise leave the vehicle except when deliberately deposited at a waste management facility permitted to accept the waste;

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      (c)     requirements concerning the maintenance of appropriate vehicle insurance;

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      (d)     requirements concerning the maintenance of insurance sufficient to provide for the cleaning up of spills or other polluting accidents that might occur;

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      (e)     minimum requirements for driver qualification;

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      (f)     minimum requirements for training of drivers in the management of accidents and disasters.

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   (7)   In addition to the provisions of subsection (6), a Waste Haulage Licence shall specify as a condition of the licence, the waste management facility or facilities to which the transportation of waste is permitted.

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   (8)   A Waste Haulage Licence shall expire on such date, not being later than one year after the date of issue, as the Authority shall specify and is renewable and, an application for renewal shall be made in accordance with this section.

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   (9)   Nothing in this Act exempts the owner or operator of any vehicle from the requirements of any other enactment.

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   (10)   Any holder of a Waste Haulage License who fails to comply with the conditions of the Waste Haulage License commits an offence and is liable on summary conviction to a fine of not more than $50,000 or imprisonment for not more than 6 months.

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   (11)   The Authority shall annually publish or cause to be published in the Gazette the names of the holders of Waste Haulage Licence.