Schedule
Form 1
(Regulation 14(1))
Form of Order to Produce Documents
ORDER TO PRODUCE DOCUMENTS
Water and Sewerage Act – section 4(2)
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To: [Name & Address of (Licensee or) Permit Holder]
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The Water Resource Management Agency, in the exercise of the power conferred by section 4(2)(a) of the Water and Sewerage Act orders you to produce at the office of the Agency at [address] on the [date] at [time] the following documents and records in your custody or control:
NOTICE:
Failure to comply with this Order constitutes a breach of the Act and of the [licence or permit] granted to you under the Act, as a consequence of which the said [licence or permit] may be suspended or revoked under section [21 or 34] of the Act and you may be prosecuted under section [22 or 35] of the Act.
Form 2
(Regulation 14(2))
Form of Order to Appear
ORDER TO APPEAR
Water and Sewerage Act – section 4(2)
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To: [Name & Address of Licensee or Permit Holder]
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The Water Resource Management Agency, in the exercise of the power conferred by section 4(2)(b) of the Water and Sewerage Act orders you to appear at the office of the Agency at [address] on the [date] at [time] for the purpose of providing information with respect to compliance with the Act.
NOTICE:
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Failure to comply with this Order constitutes a breach of the Act and of the [licence or permit] granted to you under the Act, as a consequence of which the said [licence or permit] may be suspended or revoked under section [21 or 34] of the Act and you may be prosecuted under section [22 or 35] of the Act.
Form 3
(Regulation 14(3))
Form of Order to Appear & Produce Documents
ORDER TO APPEAR & PRODUCE DOCUMENTS
Water and Sewerage Act – section 4(2)
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To: [Name & Address of (Licensee or) Permit Holder]
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The Water Resource Management Agency, in the exercise of the powers conferred by section 4(2)(a) and (b) of the Water and Sewerage Act orders you to:
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1. Appear at the office of the Agency at [address] on the [date] at [time] for the purpose of providing information with respect to compliance with the Act; and
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2. Bring with you and produce at the aforementioned place and time the following documents and records in your custody or control:
[List the documents or records to be produced.]
NOTICE:
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Failure to comply with this Order constitutes a breach of the Act and of the [licence or permit] granted to you under the Act, as a consequence of which the said [licence or permit] may be suspended or revoked under section [21 or 34] of the Act and you may be prosecuted under section [22 or 35] of the Act.
Form 4
(Regulation 16)
Form of Application for a Water Abstraction Licence
APPLICATION FOR A LICENCE TO ABSTRACT WATER
Water and Sewerage Act – section 14(1)
| FOR OFFICIAL USE ONLY |
| Application No. | |
| Date Submitted | |
| Fee Paid | |
| Receipt No. | |
| Information Requested | |
| Information Submitted | |
| Recommendation Made | |
| Notice Issued | |
APPLICANT
1. Name of Applicant (in BLOCK LETTERS):
2. Address of applicant:
3. Name & Address of person other than the applicant (professional adviser or agent) (if any) to whom communications concerning this application are to be sent:
WATER SOURCE
4. Give the name of or sufficient description to identify, the source of the water from which you propose the licence should authorise abstraction:
ABSTRACTION POINT/S
5. Give the reference number of the Map Sheet and the map reference (coordinates) of the proposed intake/abstraction point/s indicated:
INTEREST IN THE LAND
6. State whether you are the owner or occupier of the land
7. If you are the owner/co-owner of the land [attach proof of title]
8. If you are the occupier of the land, [attach a copy of your tenancy agreement or other documentary proof of authorisation to occupy the land]
9. If you are not owner of the land, state whether the owner has been informed that this application is being made
10. If you are not the owner or occupier of the land, state if and when you expect to acquire an interest in or the right of access to the land
11. Give the names & addresses of any other persons known to you whose interests may be affected by this application
PURPOSE FOR WHICH WATER IS TO BE USED
12. State whether the water proposed to be abstracted is to be used for public water supply or other purposes
13. If the water to be abstracted is to be used for purposes other than public water supply, specify the use to which the water proposed to be abstracted is to be put, as follows:
| Class of Use | Details | Quantity |
| ○ Domestic | | |
| ○ Livestock | | |
| ○ Irrigation | | |
| ○ Fish Farming | | |
| ○ Tourism | | |
| ○ Industrial | | |
| ○ Mining | | |
| ○ Power generation | | |
| ○ Other (Specify) | | |
QUANTUM OF WATER TO BE ABSTRACTED
14. Specify the maximum quantity of water (in thousands of gallons per annum) that you propose the licence should authorise to be abstracted
15. If, because of the purposes for which the water is to be used, there will be significant seasonal variations in the quantity of water to be abstracted, specify in the following table the maximum quantity of water that you propose the licence should authorise to be abstracted from month to month:
QUANTITY OF WATER TO BE ABSTRACTED
(Thousands of Gallons per Month) |
| Month | Quantity | Month | Quantity |
| January | | July | |
| February | | August | |
| March | | September | |
| April | | October | |
| May | | November | |
| June | | December | |
PROSPOSED MEANS OF ABSTRACTION & MEASUREMENT
16. Specify the works (if any) and the type and capacity of the machinery or apparatus by means of which you propose the licence should authorise abstraction at the point/s shown
17. Specify the way in which you propose the licence should require the quantities of water abstracted to be measured or assessed
PARTICULARS OF POSSIBLE POLLUTION
18. If the purpose for which you propose to utilise water will result in the discharge of wastewater, state the estimated proportion of the quantity of water abstracted that is likely to be discharged after use
19. Specify whether the wastewater is to be discharged into a public sewer or returned into the environment
20. If the wastewater is to be returned into the environment, specify whether the wastewater will be subjected to any treatment (and the type of treatment) prior to discharge
21. If the (treated or untreated) wastewater to be returned to the environment will be discharged from any point source/outfall, show the point/s of discharge on the accompanying map and give the map reference (coordinates) for that/those discharge points
22. Give particulars of possible pollution and describe the measures to be taken to avoid pollution
OTHER MATTERS
23. Give particulars of any previous application/s made for an abstraction licence
24. If the water to be abstracted is to be used for purposes other than public water supply, state whether you have applied to a service licensee for a supply of water for those purposes
25. Specify the period for which you require the licence [years].
I hereby apply to the Minister [responsible for agriculture] for a licence under the Water and Sewerage Act and the Water Resource Management Regulations to abstract water in accordance with the proposals set out above and I declare that, to the best of my knowledge, the statements made above are true.
I enclose with this application form:
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(i) A copy of the required map, and
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(ii) Proof of payment of the prescribed application fee.
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Signature of Applicant:
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Date:
NOTES:
1. This application must be accompanied by a copy of an official [Ordnance Survey] topographic map of the area, showing the intake point/s at which you propose that the licence should authorise abstraction, and the point/s at which you propose that wastewater will be returned into the environment (if any).
2. This application must be submitted to the Water Resources Agency at [address of office] in [duplicate/triplicate].
Form 5
(Regulation 17 (1))
Form of Notice of Grant of Water Abstraction Licence
NOTICE OF GRANT OF ABSTRACTION LICENCE
Water and Sewerage Act – section 16(1)
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To: [Name & Address of Applicant]
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TAKE NOTICE that, in accordance with a recommendation made by the Water Resource Management Agency, the Minister [responsible for agriculture] has decided to grant the abstraction licence applied for on the [.....] day of [month & year] under Application No. [.....], for a period of [.....] years from the date of issue, subject to the provisions of the Water and Sewerage Act and the Water Resource Management Regulations, and to the following specific terms and conditions:
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1. [Etc.]
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2. [Etc.]
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AND that the abstraction licence will be issued on presentation of proof of payment of the prescribed abstraction licence fee.
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TAKE FURTHER NOTICE that, if you are aggrieved by the decision of the Minister, you have the right to appeal in writing to the Appeals Tribunal within 28 days of the date of this decision, under sections 16(2) and 96(4) of the Act.
| Date: | Signed: |
| For: Minister responsible for water resource management |
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(Amended by Act 3 of 2016)
Form 6
Regulation 17(2)
Form of Notice of Refusal of Water Abstraction Licence
NOTICE OF REFUSAL OF ABSTRACTION LICENCE
Water and Sewerage Act – section 16(1)
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To: [Name & Address of Applicant]
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TAKE NOTICE that, in accordance with a recommendation made by the Water Resource Management Agency, the Minister [responsible for agriculture] has decided to refuse the abstraction licence applied for on the [.........] day of [month & year] under Application No. [........], for the following reasons:
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1. [Etc.]
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2. [Etc.]
TAKE FURTHER NOTICE that, if you are aggrieved by the decision of the Minister, you have the right to appeal in writing to the Appeals Tribunal within 28 days of the date of this decision, under sections 16(2) and 96(4) of the Act.
| Date: | Signed: |
| For: Minister responsible for water resource management |
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(Amended by Act 3 of 2016)
Form 7
(Regulation 18)
Form of Water Abstraction Licence
LICENCE TO ABSTRACT WATER
Water and Sewerage Act – section 18
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Licence No.: .....................................
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Expiry Date: .......................
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WHEREAS, [Name] of [Address] (hereinafter referred to as “the licensee”) applied to the Minister. on the .................. day of ............................. under
Application No ........................., under the Water and Sewerage Act and the Water Resource Management Regulations, to abstract and use water, the right to which is vested in the Crown;
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AND whereas, in accordance with the provisions of the aforesaid Act and Regulations, the Water Resource Management Agency has made a recommendation to the Minister that the said application be granted and the Minister has decided in accordance with that recommendation to grant an abstraction licence;
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AND whereas the licensee has paid the licence fee prescribed by law;
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LICENCE IS HEREBY GRANTED to the licensee under section 18 of the Water and Sewerage Act to take and use water from [description of source] known as [name of source] for the purpose of [public water supply or other specified use], for a period of [years] from the date of issue, subject to the Water and Sewerage Act and the Water Resource Management Regulations, and any other laws that may from time to time be in force governing the works to be constructed and activities to be carried out, and such additional terms and conditions as are specified in this licence.
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ADDITIONAL TERMS & CONDITIONS
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[List specific conditions (if any)]
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THIS LICENCE does not have the effect of dispensing with the necessity of obtaining any other permission where such permission is required under any law in force in Saint Lucia.
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Issued this .................................................. day of ..................................
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[Signed]
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For: Minister responsible for water
resource management
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(Amended by Act 3 of 2016)
Form 8
(Regulation 19(1))
Form of Application for a Water Use Permit
APPLICATION FOR A PERMIT TO USE WATER IN A WATER CONTROL AREA
Water and Sewerage Act – section 27(1)(a)
| FOR OFFICIAL USE ONLY |
| Application No. | |
| Date Received | |
| Fee Paid | |
| Receipt Number | |
| Information Requested | |
| Information Submitted | |
| Recommendation Made | |
| Notice Issued | |
APPLICANT
1. Name of Applicant (in BLOCK LETTERS):
2. Address of applicant:
3. Name & Address of person other than the applicant (professional adviser or agent) (if any) to whom communications concerning this application are to be sent:
WATER SOURCE
4. Identify the Water Control Area to which this application pertains
5. State whether you propose to take the water that you desire a permit to use from a supply provided by a service licensee or another source
6. If you propose to take the water from a supply provided by a service licensee, is the water that you desire a permit to use raw water or potable water.?
7. If you propose to take the water that you desire a permit to use from a source other than a supply provided by a service licensee, give a description sufficient to identify the proposed source
USE/S OF WATER
8. Specify the use/s to which you propose to put the water that you desire a permit to use, as follows:
| Class of Use | Details | Quantity |
| ○ Domestic | | |
| ○ Livestock | | |
| ○ Irrigation | | |
| ○ Fish Farming | | |
| ○ Tourism | | |
| ○ Industrial | | |
| ○ Mining | | |
| ○ Power generation | | |
| ○ Other (Specify) | | |
EXISTING USE
9. State whether you are existing user of the said water: YES □ – NO □
10. State whether you are, or were previously, the holder of a permit to use the water: YES □ – NO □
11. If the answer to 7 is YES, give the reference number and date of expiry of the permit: Ref. No. ............. Expiry Date: .................................
12. If the answer to 7 is NO: State whether you had been using the water continuously for a period of more than 24 months prior to [the commencement date of the Act]: YES □ – NO □
ABSTRACTION LICENCE
13. If you propose to take the water that you desire a permit to use from a source other than a supply provided by a service licensee, state whether you have applied for an abstraction licence with respect to taking that water: YES □ – NO □
14. If you have an abstraction licence, give the reference number and date of expiry of the license: Licence No........... Expiry Date: .................................
15. If your application for an abstraction licence was refused, give the reference number of your application and the date of refusal: Application No. ............. Date of Refusal: ..........................
16. If you have applied for an abstraction licence and your application is still pending, give the reference number of your application: Application No. .............
OTHER MATTERS
17. Specify the period for which the permit is required .......................................
18. Give details of any other matters that you wish the Agency to take into account in considering your application (e.g. the facilities that you have available for storing water for use during periods of deficiency in supply, the extent to which the water used will be re-used or returned to the environment, etc)
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I hereby apply to the Minister [responsible for agriculture] for a permit under the Water and Sewerage Act and the Water Resource Management Regulations to use water in a Water Control Area and I declare that, to the best of my knowledge, the statements made above are true.
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I enclose with this application form proof of payment of the prescribed application fee.
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Signature of Applicant:
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Date:
NOTE:
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This application must be submitted to the Water Resource Agency at [address of office] in [duplicate/triplicate].
Form 9
(Regulation 19(2))
Form of Application for a Waste Discharge Permit
APPLICATION FOR A PERMIT TO DISCHARGE WASTE IN A WASTE CONTROL AHEA
Water and Sewerage Act – section 27(1)(b)
| FOR OFFICIAL USE ONLY |
| Application No. | |
| Date Received | |
| Fee Paid | |
| Receipt Number | |
| Information Requested | |
| Information Submitted | |
| Recommendation Made | |
| Notice Issued | |
APPLICANT
1. Name of Applicant (in BLOCK LETTERS):
2. Address of applicant:
3. Name & Address of person other than the applicant (professional adviser or agent) (if any) to whom communications concerning this application are to be sent:
DISCHARGE SITE
4. Identify the Waste Control Area to which this application pertains
5. Give a description sufficient to identify the land, sewer or drain, bore or water, into which you desire a permit to discharge waste
CLASS OF WASTE
6. State whether the waste discharge will consist of or include any of the following classes of waste:
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(i) Surface/Storm Water Runoff: YES □ – NO □
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(ii) Sewage Effluent: YES □ – NO □
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(iii) Trade Effluent: YES□ – NO □
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(iv) Other Discharge (Specify)
7. Will the discharge consist of or contain any oil or oily waste? YES □ – NO □
8. Will the waste discharge consist of or contain any toxic, noxious or persistent organic pollutants? YES □ – NO □
9. If the answer to 7 or 8 is YES, give particulars of the composition of the waste to be discharged
QUANTUM OF DISCHARGE
10. What is the estimated volume of the discharge? (gal. or m3/d)
11. What is the estimated maximum rate of discharge? (gal or m3/hr)
12. What is the estimated maximum temperature of the discharge? (C”)
13. Give particulars of method/s of measurement of volume, rate and temperature of discharge
TREATMENT OF DISCHARGE
14. Give particulars of proposals for treatment of waste prior to discharge (if any)
RECEIVING WATERS
15. What is the rate of flow in the sewer, drain or watercourse into which the waste is to be discharged? (gal. or m3/hr)
16. If waste is to be discharged into a watercourse or body of water, give particulars of the ambient quality of the receiving waters
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I hereby apply to the Minister [responsible for agriculture] for a permit under the Water and Sewerage Act and the Water Resource Management Regulations to discharge waste in a Waste Control Area and I declare that, to the best of my knowledge, the statements made above are true.
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I enclose with this application form proof of payment of the prescribed application fee.
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Signature of Applicant:
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Date:
NOTE:
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This application must be submitted to the Water Resources Agency at [address of office] in [duplicate/triplicate].
Form 10
(Regulation 20(1))
Form of Notice of Grant of Water Use or Waste Discharge Permit
NOTICE OF GRANT OF PERMIT
Water and sewerage Act – section 29(1)
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To: [Name & Address of Applicant]
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TAKE NOTICE that, in accordance with a recommendation made by the Water Resource Management Agency, the Minister [responsible for agriculture] has decided to grant the permit [to use water in a water control area/discharge waste in a waste control area (as the case may be)] applied for on the [ ] day of [month & year]
under Application No. [ ], for a period of [ ] years from the date of issue, subject to the provisions of the Water and Sewerage Act and the Water Resource Management Regulations and to the following specific conditions:
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1. [Etc.]
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2. [Etc.]
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AND THAT the permit will be issued on presentation of payment of the prescribed permit fee.
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TAKE FURTHER NOTICE that, if you are aggrieved by the decision of the Minister, you have the right to appeal in writing to the Appeals Tribunal within 28 days of the date of this decision, under sections 29(2) and 96(4) of the Act.
| Date: | Signed: |
| For: Minister responsible for water resource management |
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(Amended by Act 3 of 2016)
Form 11
(Regulation 19(2))
Form of Notice of Refusal of Water Use or Waste Discharge Permit
NOTICE OF REFUSAL OF PERMIT
Water and Sewerage Act – section 29(1)
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To: [Name & Address of Applicant]
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TAKE NOTICE that, in accordance with a recommendation made by the Water Resource Management Agency, the Minister [responsible for agriculture] has decided to refuse the permit [to use water in a water control area/discharge waste in a waste control area (as the case may be)] applied for on the [ ] day of [month & year] under Application No. [ ], for the following reasons:
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1. [Etc.]
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2. [Etc.]
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TAKE FURTHER NOTICE that, if you are aggrieved by the decision of the Minister, you have the right to appeal in writing to the Appeals Tribunal within 28 days of the date of this decision, under sections 29(2) and 96(4) of the Act.
| Date: | Signed: |
| For: Minister responsible for water resource management |
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(Amended by Act 3 of 2016)
Form 12
(Regulation 21(a))
Form of Water Use Permit
PERMIT TO USE WATER IN A WATER CONTROL AREA
Water and Sewerage Act – section 31
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Permit No.: ...................................
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Expiry Date: ..................................
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WHEREAS, [Name] of [Address] (hereinafter referred to as “the holder”) applied to the Minister, on the day of under Application No. , under the Water and Sewerage Act and the Water Resource Management Regulations, to use water in a Water Control Area;
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AND whereas, in accordance with the provisions of the aforesaid Act and Regulations, the Water Resource Management Agency has made a recommendation to the Minister that the said application be granted and the Minister has decided in accordance with that recommendation to grant a permit;
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AND whereas the holder has paid the permit fee prescribed by law;
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PERMISSION IS GRANTED to the holder under section 29 of the Water and Sewerage Act to [set out scope of permit]
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within a declared Water Control Area, for a period of [time in number of days, months or years] from the date of issue, subject to the Water and Sewerage Act and the Water Resource Management Regulations, and the following additional terms and conditions:
ADDITIONAL TERMS & CONDITIONS
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[List specific conditions (if any)]
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THIS PERMIT does not have the effect of dispensing with the necessity of obtaining an abstraction licence, where such a licence is required under the Water and Sewerage Act or with the necessity of obtaining any other permission, where such permission is required under any law in force in Saint Lucia.
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Issued on this day of
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[Signed]
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Minister responsible for water
resource management
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(Amended by Act 3 of 2016)
Form 13
(Regulation 21(b))
Form of Waste Discharge Permit
PERMIT TO DISCHARGE WASTE IN A WASTE CONTROL AREA
Water and Sewerage Act – section 31
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Permit No.: ...................................
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Expiry Date: ..................................
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WHEREAS, [Name] of [Address] (hereinafter referred to as “the holder”) applied to the Minister, on the day of under Application No. , under the Water and Sewerage Act and the Water Resource Management Regulations, to discharge waste in a Waste Control Area;
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AND whereas, in accordance with the provisions of the aforesaid Act and Regulations, the Water Resource Management Agency has made a recommendation to the Minister that the said application be granted and the Minister has decided in accordance with that recommendation to grant a permit;
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AND whereas the holder has paid the permit fee prescribed by law;
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PERMISSION IS GRANTED to the holder under section 29 of the Water and Sewerage Act to: [set out scope of permit]
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within a declared Waste Control) Area, for a period of [time in number of days. months or years] from the date of issue, subject to the Water and Sewerage Act and the Water Resource Management Regulations and the following additional terms and conditions:
ADDITIONAL TERMS & CONDITIONS
-
[List specific conditions (if any)]
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THIS PERMIT does not have the effect of dispensing with the necessity of obtaining any other permission where such permission is required under any law in force in Saint Lucia.
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Issued on the day of 20
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[Signed]
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Minister responsible for water
resource management
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(Amended by Act 3 of 2016)
Form 14
(Regulation 22(1))
Form of Application to the Agency for a Hearing under Section 17
APPLICATION TO THE AGENCY FOR A HEARING
Water and Sewerage Act – section 17
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To: The Water Resource Management Agency
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WHEREAS on [date of application] the Applicant submitted an application, Application No. [Ref. No.], for an abstraction licence, together with the prescribed application fee, to the Minister under section 14 of the Act; and
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[EITHER] NO RECOMMENDATION has been made by Agency to the Minister within the period of 28 days of [the application being made OR the additional information requested from the applicant being submitted (as the case may be)], specified in section 15(5) of the Act;
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[OR] NO NOTIFICATION has been given by the Minister to the Applicant within the period of 14 days of receipt of the recommendation made by the Agency, specified in section 16(1) of the Act;
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THE APPLICANT APPLIES FOR A HEARING to make a case before the Agency under section 17 of the Act.
Form 15
(Regulation 22(2))
Form of Application to the Agency for a Hearing under Section 30
APPLICATION TO THE AGENCY FOR A HEARING
Water and Sewerage Act – section 30
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To: The Water Resource Management Agency
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WHEREAS on [date of application] the Applicant submitted an application, Application No. [Ref. No.], for a permit [to use water in a Water Control Area OR discharge waste in a Waste Control Area (as the case may be)], together with the prescribed application fee, to the Minister under section 27 of the Act; and
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[EITHER] NO RECOMMENDATION has been made by Agency to the Minister within the period of 28 days of [the application being made OR the additional information requested from the applicant being submitted (as the case may be)], specified in section 28(5) of the Act;
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[OR] NO NOTIFICATION has been given by the Minister to the Applicant within the period of 14 days of receipt of the recommendation made by the Agency, specified in section 29(1) of the Act;
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THE APPLICANT APPLIES FOR A HEARING to make a case before the Agency under section 30 of the Act.