Revised Laws of Saint Lucia (2022)

38.   Derelict motor vehicles, white goods and other scrap metal

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   (1)   The owner of a derelict vehicle, white goods or any other type of scrap metal, shall take the derelict vehicle, white good or other type of scrap metal to an approved landfill site or other site approved for the management of derelict vehicles, white goods or any other type of scrap metal.

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   (2)   Where an authorized officer is reasonably of the view that —

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      (a)     the location of a derelict vehicle, white good or other type of scrap metal or white goods detracts from the quality of the amenities enjoyed by any other person not being the owner of the vehicle; or

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      (b)     the derelict vehicle, white goods or other type of scrap metal in its location constitutes a nuisance or is a hazard to human health or the environment,

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      the authorized officer shall, after due notice, order the owner of the derelict vehicle, white goods or any other scrap metal to remove it. (Amended by Act 10 of 2007)

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   (3)   For purposes of this section, notice shall be served on an owner of a derelict vehicle, white goods or any other type of scrap metal by affixing the notice of removal to the derelict vehicle, white goods or any other type of scrap metal in a conspicuous place.

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   (4)   The owner of a derelict vehicle, white goods or any other type of scrap metal shall remove the derelict vehicle, white goods or any other type of scrap metal within 7 days of the notice or, in the event of failure to so remove, the authorized officer shall cause the derelict vehicle, white goods or any other type of scrap metal to be removed and the owner liable for any costs, reasonably incurred in connection with the removal.

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   (5)   No liability shall attach to an authorized officer for the performance of his or her duties under this section.

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   (6)   The owner of the derelict vehicle, white goods and other type of scrap metal, who fails to comply with a notice under subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding $5,000. (Substituted by Act 10 of 2007)

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   (7)   An authorised officer may at any time without giving any notice remove the derelict vehicle, white goods or any other type of scrap metal left or caused to be left and may recover from the owner the expenses reasonably incurred in connection with such removal.

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   (8)   The expenses determined under subsections (4) and (7) shall be deemed a judgement debt in favour of the Accountant General and shall be payable to the Accountant General together with interest at 6% per annum computing from the date of the removal.

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   (9)   Where an authorized officer directs the removal of any derelict vehicle, white goods or other type of scrap metal from any private property or public place under provisions of this section, no action or other cause shall lie against him or her unless it is shown that such removal was in bad faith.

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   (10)   For purposes of this section, an authorised officer may conclude that a vehicle is a derelict vehicle from —

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      (a)     the fact that any part of the vehicle including the wheel, the engine or seats have been removed;

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      (b)     any other factor taken together with the fact that the vehicle is not currently licensed, or has not been licensed in the last 6 months prior to a notice under this Act.