Revised Laws of Saint Lucia (2021)

20.   Breaches by abstraction licensee

Where an allegation of breach of the terms of an abstraction licence is made by an aggrieved person to the Agency or where the Agency reasonably suspects an abstraction licensee of being in breach of its abstraction licence, the Agency, shall conduct an investigation in accordance with section 4(2) and if it finds that—

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    (a)     the person's allegations or its suspicions are substantiated, it shall so notify the abstraction licensee of its findings and where appropriate issue directions to the abstraction licensee—

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      (i)     requesting the abstraction licensee to stop the breach and take remedial action and stipulating a time period within which such remedial action is to be completed, and

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      (ii)     requesting the abstraction licensee to compensate the Government or any person aggrieved for any foreseeable damages caused by the breach within a specific time period;

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    (b)     the person's claim is frivolous or vexatious or that its suspicions are incorrect, it shall stop its investigations and the person bringing the action shall be liable for the cost incurred.