Revised Laws of Saint Lucia (2021)

4.   Functions and powers of the Agency

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    (1)   The functions and powers of the Agency include the following—

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      (a)     receiving and considering applications for abstraction licences, and permits for use of water in water control areas and permits for discharge of waste in waste control areas and making recommendation to the Minister for the approval of such applications;

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      (b)     establishing and maintaining a database of information necessary and relating to water resource management;

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      (c)     promoting the sustainability of water resources and water harvesting; (Amended by Act 3 of 2016)

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      (d)     promoting the conservation and use of water resources; (Amended by Act 3 of 2016)

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      (e)     promoting public awareness concerning the use and management of water resources;

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      (f)     undertaking water resources assessment and planning, including surveying, monitoring, research and development;

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      (g)     developing watershed management plans and facilitating regulation accordingly;

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      (h)     undertaking the preparation of water master plans and allocation schemes;

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      (i)     advising the Government on the administration of enactments that relate to or in any way affect the conservation or use of water resources;

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      (j)     providing technical advice to the Commission in support of the Commission's regulatory functions;

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      (k)     advising the Minister in relation to abstraction licences under Division 4;

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      (l)     advising the Minister in relation to water control areas and waste control areas under Division 5;

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      (m)     advising the Minister in relation to water related emergencies under Division 3;

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      (n)     advising the Minister in relation to gathering grounds under Division 2.

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    (2)   Where the Agency reasonably suspects that an abstraction licensee or a permit holder is in breach of this Act, the Regulations or an abstraction licence or a permit held by an abstraction licensee or a permit holder or where an allegation of breach is made to the Agency against an abstraction licensee or a permit holder, the Agency may conduct any investigation it considers necessary in relation to the abstraction licensee or permit holder and may perform any of the following in the course of such investigation—

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      (a)     compel the production of documents and records in the custody or control of the abstraction licensee or permit holder;

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      (b)     compel the appearance of an employee or officer of an abstraction licensee or permit holder or any other person for the purpose of ascertaining compliance with this Act, the Regulations or the abstraction licence or permit;

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      (c)     inspect, examine or make copies of any document or record in the possession of the abstraction licensee or permit holder relevant to the abstraction licence or permit held by the abstraction licensee or permit holder;

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      (d)     require the verification of income and all other matters pertinent to an abstraction licence or a permit;

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      (e)     inspect any premises for the purpose of ascertaining compliance with this Act, the Regulations or the permit; or

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      (f)     seize, remove or impound any document or records relating to an abstraction licence or a permit for the purposes of examination and inspection.

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    (3)   In carrying out the provisions of subsection (2), the Agency may consult any department of Government or statutory body likely to be affected, and shall send to the department of Government or statutory body likely to be affected, a copy of any report prepared by the Agency in consequence of any investigation made under subsection (2).

(Amended by Act 13 of 2008)