Preliminary

Short title.

Natural Resources Conservation Authority Establishment and Functions

Establishment of Authority.

Functions of Authority.

Delegation.

Ministerial directions.

Authority to be consulted.

Permit required.

Power of Authority to request environmental impact assessment, etc.

Revocation of permit.

Licences for the discharge of effluents, etc.

Cessation order.

National Water Commission excused in specific circumstances.

Notice to abstain from agricultural practices.

Operations by Authority regarding pollution of water.

Information on pollution control facility.

Enforcement of controls.

Supplementary provisions as to enforcement.

Financial Provisions, Accounts and Report

Funds of Authority

 Expenses of Authority.

Borrowing powers.

Minister of Finance may guarantee loans.

Power to invest moneys.

Accounts and audit.

Annual report and estimates.  

Staff

Appointment of staff.

General     

Requirement for planning permission unaffected.          

Ministerial orders to protect environment.

Environmental protection area.      

Tribunal. 

Appeal to Minister.

Persons entitled to take proceedings.

Prosecutions to be commenced within twelve months.

Regulations.

Act applies to Crown.

Modification of laws.

Vesting of property.

Construction of references.

SCHEDULES  
THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT
[5th July, 1991.]

"appointed day" means the 5th day of July, 1991.

"Authority" means the Natural Resources Conservation Authority established under section 3;

"chairman" means the chairman of the Authority;

"functions" includes powers and duties;

"licence" means a licence required under section 12,

"marine park" means an area designated as such pursuant to section 5 (1) (c);

"member" means member of the Authority;

"national park" means an area designated as such pursuant to section 5 (1) (a);

"permit" means a permit required under section 9;

"person responsible" in relation to an enterprise, construction or development, includes any person at whose order or on whose behalf the enterprise, construction or development will be or, as the case may be, is being undertaken,

"protected area" means an area designated as such pursuant to section 5 (1) (b);

"sewage effluent" includes any effluent from sewage disposal or sewage works;

"trade effluent" includes any liquid, other than domestic sewage, (either with or without particles of matter in suspension in it) which is discharged from premises used for carrying on any trade or industry; and for the purposes of this definition any premises wholly or mainly used (whether for profit or not) for agricultural purposes or for scientific research or experiment shall be deemed to be premises used for carrying on a trade;

"Tribunal" means the Tribunal established under section 34.

Part I.  Natural Resources Conservation Authority
Establishment of Authority

(b) to promote public awareness of the ecological systems of Jamaica and their importance to the social and economic life of the Island;

(c) to manage such national parks, marine parks, protected areas and public recreational facilities as may be prescribed,

(d) to advise the Minister on matters of general policy relating to the management, development, conservation and care of the environment; and

(e) to perform such other functions pertaining to the natural resources of Jamaica as may be assigned to it by the Minister or by or under this Act or any other enactment.

(a)  develop, implement and monitor plans and programmes relating to the management of the environment and the conservation and protection of natural resources;

(b) construct and maintain buildings and other facilities for public recreational purposes

(c)  in relation to prescribed national parks, marine parks, protected areas and public recreational facilities-

(i) carry out or cause to be carried out such improvements as it thinks fit; and
(ii) provide for the zoning thereof for specified purposes and for the licensing of persons carrying on any trade or business therein;

(d) formulate standards and codes of practice to be observed for the improvement and maintenance of the quality of the environment generally, including the release of substances into the environment in connection with any works, activity or undertaking;

(e) investigate the effect on the environment of any activity that causes or might cause pollution or that involves or might involve waste management or disposal, and take such action as it thinks appropriate;

(f) undertake studies in relation to the environment and encourage and promote research into the use of techniques for the management of pollution and the conservation of natural resources;

(g) conduct seminars and training programmes and gather and disseminate information relating to environmental matters;

(1) The Minister may, on the recommendation of the Authority after consultation with the Jamaica National Heritage Trust, by order published in the Gazette designate-

(c) any area of land lying under tidal water and adjacent to such land or any area of water as a marine park.

(1) The Authority may delegate any of its functions under this Act (other than the power to make regulations) to any member, officer or agent of the Authority.

(2) Every delegation under subsection (1) is revocable by the Authority and the delegation of a function shall not preclude the performance of that function by the Authority.

(2) The Authority shall furnish to the Minister such information as he may require with respect to the activities of the Authority and shall afford to him facilities for verifying such information in such manner, and at such times as he may reasonably

(2) Subject to the provisions of this section and section 31, no person shall undertake in a prescribed area any enterprise, construction or development of a prescribed description or category except under and in accordance with a permit issued by the Authority.

(4) Where a permit is required under subsection (2) and any activity connected with the enterprise, construction or development will or is likely to result in the discharge of effluents, then, application for such permit shall be accompanied by an application for a licence to discharge effluents as required under section 12.
(5) In considering an application made under subsection (3) the Authority-

(a) shall consult with any agency or department of Government exercising functions in connection with the environment; and

(b) shall have regard to all material considerations including the nature of the enterprise, construction or development and the effect which it will or is likely to have on the environment generally, and in particular on any natural resources in the area concerned,
and the Authority shall not grant a permit if it is satisfied that any activity connected with the enterprise, construction or development to which the application relates is or is likely to be injurious to public health or to any natural resources.

(a) grant a permit subject to such terms and conditions as it thinks fit; or

 (b) refuse to grant a permit, and where the Authority refuses to grant a licence it shall state in writing the reasons for its decision and inform the applicant of his right under section 35 to appeal against the decision.

(a) where a person defaults in the payment of a fine imposed under this subsection, he shall be liable to imprisonment for a term not exceeding one year; and

(b) where the offence is a continuing offence, he shall be liable to a further fine not exceeding three thousand dollars for each day on which the offence continues after conviction.

(a) to furnish to the Authority such documents or information as the Authority thinks fit, or

(b) where it is of the opinion that the activities of such enterprise, construction or development are having or are likely to have an adverse effect on the environment, to submit to the Authority in respect of the enterprise, construction or development, an environmental impact assessment containing such information as may be prescribed,
and the applicant or, as the case may be, the person responsible shall comply with the requirement.

(3) Where the Authority issues a notice under subsection (1), it shall inform any agency or department of Government having responsibility for the issue of any licence, permit, approval or consent in connection with any matter affecting the environment that a notice has been issued, and such agency or department shall not grant such licence, permit, approval or consent as aforesaid unless it has been notified by the Authority that the notice has been complied with and that the Authority has issued or intends to issue a permit.

(4) Any person who, not being an applicant for a permit, refuses or fails to submit an environmental impact assessment as required by the Authority shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding thirty thousand dollars.

(2) Except as provided in subsection (3), the Authority shall, before revoking a permit, serve on the person to whom it was granted a notice in writing-

(a) specifying the breach or default on which the Authority relies and requiring him to remedy it within such time as may be specified in the notice, and

(b) informing him that he may apply to the Authority to be heard on the matter within such time as may be specified in the notice.

(1) Subject to the provisions of this section, no person shall-

(a) discharge on or cause or permit the entry into waters, on the ground or into the ground, of any sewage or trade effluent or any poisonous, noxious or polluting matter; or

(b) construct, reconstruct or alter any works for the discharge of any sewage or trade effluent or any poisonous, noxious or polluting matter,
except under and in accordance with a licence for the purpose granted by the Authority under this Act.

(a) results only from a use of water made in pursuance of a licence to abstract and use water granted under any enactment; or

(b) is in accordance with good agricultural practice, as determined by the Authority after consultation with the Minister responsible for agriculture; or

(c) is caused or permitted in an emergency in order to avoid a greater danger to the public and, as soon as practicable thereafter, particulars of the discharge or entry are furnished to the Authority; or

(d) results from the domestic waste effected by means of absorption or soakaway pits or other prescribed waste disposal system and is in accordance with such provisions as may be prescribed by or under this enactment or any other law in force pertaining to such disposal.

(a) where a person defaults in the payment of a fine imposed under this subsection, he shall be liable to imprisonment for a term not exceeding one year, and

(b) where the offence is a continuing offence, he shall be liable to a further fine not exceeding three thousand dollars for each day on which the offence continues after conviction.

(1) Without prejudice to the provisions of section 9 (7), 10 (4),11 and 12 (3)-  

(a) where a person fails to comply with the provisions of section 9 (2); or

(b) where the person responsible fails to submit an environmental impact assessment within the time specified by the Authority; or

(c) where a person fails to comply with the provisions of section 12 (1),the Authority may issue an order in writing to such person directing him to cease, by such date as shall be specified in the order, the activity in respect of which the permit, licence or environmental impact assessment, as the case may be, is required.

(2) Where the person to whom an order is issued under subsection (1), fails to comply with the order, the Minister may take such steps as he considers appropriate to ensure the cessation of the activity to which the order relates.   

(3) Where authorized by the Minister acting pursuant to subsection (2), a member of the Jamaica Constabulary Force may use such force as may be necessary for the purpose of ensuring compliance with an order referred to in that subsection; and any person who hinders or obstructs any such member acting as aforesaid shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year

(1) The National Water Commission shall not be held to have violated the provisions of section 12 (1) by reason only of the fact that a discharge from a sewer or works vested in the Commission contravenes the conditions of a licence relating to the discharge if-

(a) the contravention is attributable to a discharge into the sewer or works caused or permitted by another person, and

(b) the Commission was not bound to receive the discharge into the sewer or works, or was bound to receive it there subject to conditions which were not observed; and

(c) the Commission could not reasonably have been expected to prevent the discharge into the sewer or works.

(1) Where it appears to the Authority that any waters have been or are likely to be polluted in consequence of an act or omission which, for the purposes of paragraph (b) of section 12 (2) is consistent with good agricultural practice, the Authority may, in consultation with the Minister responsible for agriculture, serve on the occupier of the land where the act or omission took place, a notice requesting him to stop or prevent acts or omissions of that kind.  

(2) Any person who refuses or fails to comply with a notice served under this section shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment, and-

(a) where a person defaults in the payment of a fine imposed under this subsection, he shall be liable to imprisonment for a term not exceeding one year; and

(b) where the offence is a continuing offence, he shall be liable to a further fine not exceeding three thousand dollars for each day on which the offence continues after conviction.

(1) Without prejudice to the provisions of section 18, where it appears to the Authority that any poisonous, noxious or polluting matter is likely to enter, or is or was present in any waters, the Authority may, after consultation with any agency or department of Government having functions in relation to water or water resources, carry out such operations as it considers appropriate-     

(a) where such matter appears likely to enter such waters, for the purpose of preventing it from doing so; and

(b) where such matter appears to be or to have been present in such waters, for the purpose of removing or disposing of the matter, or of remedying or mitigating any pollution caused by its presence in the waters, or of restoring the waters, so far as it is reasonably practicable to do so, to the state in which they were immediately before the matter became present in the waters.

(2) Any amounts reasonably incurred by the Authority in carrying out operations in pursuance of subsection (1) are, subject to subsection (3), recoverable by the Authority as a debt incurred by the person or persons who caused or permitted the poisonous, noxious or polluting matter, as the case may be, to be present at the place from which it was likely in the opinion of the Authority to enter waters or, as the case may be, to be present in such waters; and accordingly, without prejudice to any penalty imposable on such person or persons, such sums may be recovered summarily in a Resident Magistrate's Court, without limit of amount, as a civil debt.

(3) A person shall not be liable to pay any sums expended by the Authority pursuant to this section if he satisfies the Court that such sums were incurred unnecessarily.

(4) Any person who wilfully obstructs the Authority or any person authorized in that behalf in the exercise of its powers under this section shall be guilty of an offence under this Act and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year.

(1) The Authority may by notice in writing require the owner or operator of any sewage treatment plant, industrial waste treatment facility or any facility for the disposal of solid waste or for the abatement of air pollution or any other facility for controlling pollution, to submit to the Authority at such intervals as the Authority may specify in the notice, information relating to all or any of the following-

(a) the performance of the facility;

(b) the quantity and condition of effluent discharged;

(c)  the area affected by the discharge of effluents,
and such owner or operator as. aforesaid shall comply with the requirements. of the notice.

(2) Any person who refuses or fails to comply with the requirements of a notice under subsection (1) shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment, and-

(a) where a person defaults in the payment of a fine imposed under this subsection, he shall be liable to imprisonment for a term not exceeding one year; and

(b) where the offence is a continuing offence, he shall be liable to a further fine not exceeding three thousand dollars for each day on which the offence continues after conviction.

(1) Subject to the provisions of this section, where it appears to the Authority that the activities of an undertaking in any area are such as to pose a serious threat to the natural resources or to public health, the Authority may serve on the person who appears to have carried out or to be carrying out the activity, a notice (hereinafter referred to as an "enforcement notice") specifying the offending activity and requiring such steps as may be specified in the notice to be taken within such period as may be so specified to ameliorate the effect of the activity and, where appropriate, to restore the natural resources to their condition before the activity took place.

(2) The Authority may in the enforcement notice order the immediate cessation of the offending activity if it is of the opinion that the circumstances giving rise to the notice are such as to warrant an order to that effect, and shall specify in the notice the period within which an appeal against its decision may be made pursuant to section 34; and the person on whom the notice is served shall comply with the notice.

(3) Where an appeal is made against an enforcement notice in which the cessation of an offending activity is ordered, the notice shall remain in effect pending the final determination or withdrawal of the appeal.

(4) Where the person referred to in subsection (1) continues or authorizes the continuation of the offending activity while an enforcement notice is in effect or after the dismissal of an appeal under section 34 relating to that notice, he shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment, and-

 (a) where he defaults in the payment of a fine imposed under this subsection, he shall be liable to imprisonment for a term not exceeding one year; and

 (b) where the offence is a continuing offence, he shall be liable to a further fine not exceeding three thousand dollars for each day on which the offence continues after conviction.

(5) Where the person to whom a notice is issued under subsection (1) fails to comply with the enforcement notice, then, without prejudice to the provisions of subsection (4) the Minister may take such steps as he considers appropriate to ensure the cessation of the activity to which the notice relates.

(6) Where authorized by the Minister acting pursuant to subsection (5), a member of the Jamaica Constabulary Force may use such force as may be necessary for the purpose of ensuring compliance with a notice referred to in that subsection; and any person who hinders or obstructs any such member acting as aforesaid shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year.

 (1) Where an enforcement notice takes effect and, within the time specified therein or such extended period as the Authority may allow, any steps required by the notice to be taken have not been taken, the Authority may enter on the land on which the offending activity took place and take such steps.

(2) Any amount reasonably incurred by the Authority pursuant to subsection (1) may be recovered from the person who carried on the activity, without limit of amount, as a civil debt in the Resident Magistrate's Court in the parish in which such steps as aforesaid were taken, so, however, that a person shall not be liable to pay any sums expended by the Authority under this section if he satisfies the Court that such sums were incurred unnecessarily.

(3) A person who, having been entitled to appeal to the Tribunal under section 34 fails to do so, shall not be entitled in proceedings under subsection (2) to dispute the validity of the action taken by the Authority on any ground that could have been raised in such appeal.

(1) Any person duly authorized in that behalf by the Minister or by the Authority may at all reasonable times enter any premises for the purposes of ensuring compliance with this or any other law pertaining to the protection of the environment and shall, if required to do so by the person in charge of the premises, produce his authority for so entering to such person.

(2) Any person who assaults or obstructs a duly authorized person acting in the execution of his duty under subsection (1) commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding twelve months.