Gov Jamaica (1993) Natural Resources Conservation Authority Act, Jamaica.pdf

NATURAL RESOURCES CONSERVATZON AUTHORITY

THE NATURAL RESOURCES CONSERVATION
AUTHOIUTY ACT

ARRANGEMENT OF SECTIONS

Preliminary

1. Short title.
2. Interpretation.

PART I. Natural Resources Co?uervation Authority
Establishment and Functiom

3. Establishment of Authority.
4. Functions of Authority.
5. Designation of national park, protected area. etc.
6. Delegation.
7. Miaisterial directions.
8. Authority to be consulted.
9. Permit required.

10. Power of Authority to request environmental impact assessmnt.
etc.

11. Revocation of pennit.
12. Licences for the discharge of ef6luents. etc.
13. Cessation order.
14. National Water CommiSSiOn excused in specific circumstances.
15. Notice to abstain from agricultural practices.
16. Operations by Authority regarding pollution of water.
17. Information on pollution control facility.
18. Enforcement of controls.
19. Supplementary provisions as to enforcement.
20. Right of entry.

PART II. Financial Provisions, ACCOWIS and Report
21. Funds of Authority.

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2 NATURAL RESOURCES CO"ERVATI0N AUTHORITY

22. Expenses of Authority.
23. Borrowing powers.
2-4. Minister of Finance m y guarantee loans.
25. Power to invest moneys.
26. Accounts and audit.
27. Annual report aad estimates.
28. Exemption from taxes and duties.

PART= StM

29. Appinment of staE.
30. Pension scheme. medica benefits, etc.

31.
32.
33.
34.
35.
36.
31.
38.
39.
40.
41.
42.
43.

PART IV. General

Requirement for planning pcrmirsion unaffected.
Ministerial orders to protect envirmmt
EnvirOnmental pmWtion area.
Tribunal.
Appeal to Minister.
Persons entitled to take proceodiags.
Prosecutions to be commend within twdve months.
Regulations.
Act applics to Crown.
Modhlcation of lam.
Vesting of property.
Construction of references.
Transitional.


NATURAL RESOURCES CONSERVATION AUTHORITY 3

Ad
9 of 1991.

THE NATURAL RESOURCES CONSERVATION
AUTHORITY ACT

[5th July, 1991.1

Preliminary

1. This Act may be cited as the Natural Resources Con- Shoa title.
servation Authority Act.

Inksrpreta-
lion.

2. In this Act -
“appointed day” means the 5th day of July, 1991.
“Authority” means the Natural Resources Conservation

“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 pur-

“member” means member of the Authority;
“national park” means an area designated as such pur-

“permit” means a permit required under section 9;
“person responsible” in relation to an enterprise, con-

struction or development, includes any person at
whose order or on whose behalf the enterprise, con-
struction or development will be or, as the case may
be, is being undertaken;

“protected area” means an area designated as such pur-
suant to section 5 (1) (b);

“sewage emuent” includes any emuent from sewage dis-
posal or sewage works;

Authority established under section 3;

suant to section 5 (I) (c);

suant to section 5 (1) (a);

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4 NATURAL RESOURCES CONSERVATION AUTHORITY

“trade etnuent” includes any liquid, other than domestic
sewage, (either with or without particles of matter
in suspension in it) which is discharged from pre-
mises 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 sec-
tion 34.

PART I. Natural Resources Conservation Authority
Establishment and Functiom

Establish-

Authority.

First

3.--(1) There is hereby established a body to be called
the Natural Resources Conservation Authority.

(2) The provisions of the First Schedule shall have
effect as to the constitution and operations of the Authority
and otherwise in relation thereto.

ment oi

Schedule.

Functions

Authority.

4 .41 ) The functions of the Authority shall be-
of

(a) to take such steps as are necessary for the effective
management of the physical environment of
Jamaica so as to ensure the conservation, protection
and proper use of its natural resources;

(6) to promote public awareness of the ecological sys-
tems of Jamaica and their importance to the social
and economic life of the Island;

(c) to manage such national parks, marine parks, pro-
tected areas and public recreational facilities as
may be prescribed;

(4 to advise the Minister on matters of general policy
relating to the management, development, conser-
vation and care of the environment; and

,

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NATURAL RESOURCES CONSERVATION AUTHORITY 5

(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.

(2) In performing the functions specified in subsection

(a) develop, implement and monitor plans and pro-
grammes 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
facil i t iw

(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

( 1 ) the Authority may-

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6 NATURAL RESOURCES CONSERVATION AUTHORITY

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;

(h) do anything or enter into any arrangement which,
in the opinion of the Authority, is necessary to
ensure the proper performance of its functions.

~ ~ ~ i g n a t i ~ , , 5.--(1) The Minister may, on the recommendation of the
Of Authority after consultation with the Jamaica National park,
protdcd Heritage Trust, by order published in the Gazette
arca. ttc.

designate-
(a) any area of land as a national park to be maintained

for the benefit of the public;
(b) any area of land or water as a protected area in

which may be preserved any object (whether ani-
mate or inanimate) or unusual combination of
elements of the natural environment that is of
aesthetic, educational, historical or scientific
interest; or

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

(2) The Authority shall cause any order made under
subsection (1) to be published once in a daily newspaper
circulating in Jamaica.

Ddwation 6.41) 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.

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NATURAL RESOURCES CONSERVATATION AUTHORITY 7

7.-(1) The Minister may, after consultation with the Ministerid
direction%

chairman, give to the Authority such directions of a general
character as to the policy to be followed by the Authority
in the performance of its functions as appear to the Minister
to be necessary in the public interest, and the Authority
shall give effect thereto.

(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 verify-
ing such information in such manner, and at such times
as he may reasonably require.

8. Any person, body or agency having authority over any et;fi"
matter in respect of which the Authority has functions to Eoosultcd.
perform pursuant to this Act shall not, whether provisionally
or finally, approve or determine such matter until the
Authority has been consulted thereon.

9.41) The Minister may, on the recommendation of the p e ~ i t
rcqumd Authority, by order published in the Gazette, prescribe the

areas in Jamaica, and the description or category of enter-
prise, construction or development to which the provisions
of this section shall appIy; and the Authority shall cause
any order so prescribed to be published once in a daily
newspaper circulating in Jamaica.

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

(3) Any person who proposes to undertake in a pre-
scribed area any enterprise, construction or development
of a prescribed description or category shall, before com-
mencing such enterprise, construction or development, apply
in the prescribed form and manner to the Authority for a

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8 NATURAL RESOURCES CONSERVATION AUTHORITY

permit, and such application shall be accompanied by the
prescribed fee and such information or documents as the
Authority may require.

(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 accom-
panied by an application for a licence to discharge effluents
as required under section 12.

(5) In considering an application made under subsec-
tion (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 enterpirse, 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.

(6) The Authority may-
(0) 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.

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NATURAL RESOURCES WNSERVATION AUTHORITY 9

(7) Any person who contravenes any provisions of
subsection (2) shall be guilty of an offence and shall be liable
on summary conviction before a Resident Magistrate to a
h e 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 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

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

lO.-(l) Subject to the provisions of this section, the T?gr;:
Authority may by notice in writing require an applicant 10 request
for a permit or the person responsible for undertaking in mental environ-
a prescribed area, any enterprise, construction OT develop- asraisment, impaa
ment of a prescribed description or category- etc

(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.

(2) A notice issued pursuant to subsection (1) shall
state the period within which the documents, information
or assessment, as the case may be, shall be submitted to
the Authority.

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10 NATURAL RESOURCES CONSERVATION AUTHORITY

(3) Where the Authority issues a notice under sub-
section (l), 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.

~ ~ ~ t i ~ ~
Df Prmit

11.-(1) Subject to subsection (2), the Authority may by
notice addressed to the person to whom a permit was issued
revoke or suspend the permit if it is satisfied that there has
been a breach of any term or condition subject to which
the permit was granted, or if such person fails or neglects
to submit to the Authority, in accordance with section 10,
any documents, information or assessment required there-
under.

(2) Except as provided in subsection (3), the Author-
ity 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.
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NATURAL RESOURCES CONSERVATION AUTHORITY

(3) The Authority shall not be obliged to serve a
notice pursuant to subsection (2 ) in relation to any breach
if a cessation order pursuant to section 13 or an enforce-
ment notice pursuant to section 18 is in effect in relation to
that breach.

11

IZ.--(l) Subject to the provisions of this section, no per- ec
(a) discharge on or cause or permit the entry into *c.

waters, on the ground or into the ground, of any
sewage or trade efEuent 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.

(2) A licence shall not be required if the discharge
or entry-

(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 aocordance 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

(4 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

son shall- discharge
of ctlluab,

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12 NATURAL RESOURCES CONSERYATION AUTHORITY

this enactment or any other law in force pertaining
to such disposal.

(3) Any person who contravenes the provisions of
subsection (1) 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 imprison-
ment 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

(6) 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.

(4) The provisions of regulations made Ender this
Act shall have effect in relation to the grant, suspension
and revocation of licences and otherwise in relation thereto.

W.-(l) Without prejudice to the provisions of section 9

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

(6) 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 (I),

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,

Cessation

(7), 10 (41, I1 and 12 (3)- order.

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NATURAL RESOURCES CONSERVATION AUTHORITY 13

(2) Where the person to whom an order is issued
under subsection (l), 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 piu-
suant to subsection (2), a member of the Jamaica Constabu-
lary 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 con-
viction before a Resident Magistrate to a fine not exceeding
ten thousand dollars or to imprisonment for a term not
exceeding one year.

14.41) The National Water Commission shall not be ~ ~ t i ~ ~ a l
held to have violated the provisions of section 12 (1) by
reason only of the fact that a discharge from a sewer or ;gad in
works vested in the Commission contravenes the conditions Bpccific
of a licence relating to the discharge if- C I I C U I I I . stances.

(U) 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.

(2) A person shall not be held to have violated the
provisions of section 12 11) in consequence of a discharge
which he caused or permitted to be made into a sewer or
works vested in the Commission if the Commission was

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14 NATURAL RESOURCES CONSERVATION AUTHORITY

bound to receive the discharge there either unconditionally
or subject to conditions which were observed.

lS.-(l) 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-

(U) 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

(6) 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.

pollution
of water.

16.-(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-

(U) where such matter appears likely to enter such
waters, for the purpose of preventing it from doing
so; and
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NATURAL RESOURCES CONSERVATION AUTHORITY

(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 m carrying out operations in pursuance of sub-
section (I) 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 liely 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 u r n s -
sarily .

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

1s

17.-(1) The Authority may by notice in writing require Information
on pollu- the owner or operator of any sewage treatment plant, ti,,n Fan-

industrial waste treatment facility or any facility for the Ehw.
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16 NATURAL RESOURCES CONSERVATION AUTHORITY

disposal of solid waste or for the abatement of air pollu-
tion 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 convic-
tion before a Resident Magistrate to a 6ne not exceeding
twenty thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine and imprison-
ment, 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 h e not exceeding three
thousand dollars for each day on which the offence
continues after conviction.

Enforce

oontrois.
1 8 4 1 ) Subject to the provisions of this section, where it

appears to the Authority that the activities of an under-
taking 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

mcnt d

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NATURAL RESOURCES CONSERVATION AUTHORITY 17

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 shaU 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 b e
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 line not exceeding three
thousand dollars for each day on which the offence
continues after conviction.
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1s NATURAL RESOURCES CONSERVATION AUTHORITY

(5) Where the person to whom a notice is issued
under subsection (1) fads to comply with the enforcement
notice, then, without prejudice to the provisions of subsec-
tion (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 pur-
suant to subsection (3, 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.

S U p P l b

provlswns

fonement,

19.-(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 Author-
ity 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

mentafy

as to cn-

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NATURAL RESOURCES CONSERVATION AUTHORITY

the validity of the action taken by the Authority on any
ground that could have been raised in such appeal.

19

20.-(1) Any person duly authorized in that behalf by the Right or
Minister or by the Authority may at all reasonable times enw.
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 enter-
ing 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 imprisokent for
a term not exceeding twelve months.

PART 11. Financial Provisions, Accounts and Report
21. The funds and resources of the Authority shall con- Funds of

(a) such sums as may be provided annually for the
purpose in the Estimates of Revenue and Expendi-
ture of the Island;

(b) all sums which the Authority is authorized to
collect by or under this or any other enactment; and

(c) all other sums or property which may in any man-
ner become payable to or vested in the Authority
in respect of any matter incidental to its functions.

Authority. sist of-

22. The expenses of the Authority, including the emsea d
AuEhority. remuneration of members and staff thereof, shall be paid

out of the funds and resources of the Authority.
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20 NATURAL RESOURCES CONSERVATION AUTHORITY

Barrowing 23.-(1) Subject to the provisions of subsection (2), the
Authority may borrow sums required by it for meeting any
of its obligations or discharging any of its functions.

(2) The power of the Authority to borrow shall be
exercisable only with approval of the Minister responsible
for finance as to the amount, the sources of borrowing and
the terms on which the borrowing may be effected, and an
approval given in any respect for the purposes of this sub-
section may be either general or limited to a particular
borrowing or otherwise, or may be either unconditional or
subject to conditions.

powers.

Minister Finance may Of
guarantee

24.41) With the approval of the House of Representa-
tives, the Minister responsible for finance may guarantee,
in such manner and on such conditions as he may think
fit, the repayment of the principal and the payment of
interest on any authorized borrowings of the Authority.

(2) Notwithstanding anything to the contrary, where
any loan is, pursuant to subsection (11, guaranteed by the
Minister responsible for finance, the repayment of the
principal moneys and interest represented by the loan so
guaranteed shall, during the continuance of such guarantee,
be a first charge upon such revenue and assets of the
Authority as shall be specified by that Minister.

(3) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of
any principal moneys or in the payment of interest guaran-
teed under the provisions of this section, he shall direct the
repayment or, as the case may be, the payment, out of the
Consolidated Fund and assets of Jamaica, of the amount
in respect of which there has been such default.

(4) The Authority shall make to the Accountant-
General, at such times and in such manner as the Minister
responsible for finance may direct, payments of such

loans.

me inclusion of this pige is authmized by L.N. 90119931


NATURAL RESOURCES CONSERVATION AUTHORITY

amounts as may be so directed in or towards repayment
of any sums issued in fulfilment of any guarantee under
this section, and payments of interest on what is outstanding
for the time being in respect of any sums so issued at such
rate as that Minister may direct, and different rates of
interest may be directed as respects different sums and as
respects interest for different periods.

25. All moneys of the Authority not immediately required ?'; to
to be expended for the purpose of meeting any obligations or moneys.
discharging any functions of the Authority, may be
invested in such securities as may be approved either
generally or specifidy by the Minister and the Authority
may, with the approval of the Minister, sell all or any of such
securities.

21

2 6 . 4 1 ) The Authority shall keep accounts and other A C C O U ~ ~ S
records in relation to i t s business and shall prepare annually and audits.
a statement of accounts in a form satisfactory to the
Minister, being a form which shall conform to the best
commercial standards.

(2) The accounts of the Authority shall be audited
annually by the Auditor-General or by an auditor appointed
in each year by the Authority with the approval of the
Minister.

27.41) As soon as practicable after the end of each
financial year, the Authority shall cause to be made and :%=$
shall transmit to the Minister-

(a) a statement of its accounts audited in accordance
with section 26 (2); and

(b) a report dealing generally with the proceedings and
policies of the Authority during that financial year.

(2) The Minister shall cause a copy of such report
together with the annual statement of accounts and the

IThe inclusion of this page is authorized by L.N. 9o/iw3]


22 NATURAL RESOURCES CONSERVATION AUTHORlTY

auditor’s report thereon to be tabled in the House of
Representatives and in the Senate.

(3) The Authority shall, as soon as may be prac-
ticable before the 31st day of December in each year, submit
to the Minister for approval, its estimates of revenue and
expenditure in respect of the period commencing on the 1st
day of April in the following year and ending on the thirty-
first day of March of the subsequent year, and shall, during
that year, submit to the Minister for approval any estimate
of further expenditure as may become necessary.

Exemption 2 8 . 4 ) The Authority shall be exempt from income tax

(2) All instruments executed by or on behalf of the
Authority shall be exempt from stamp duty.

(3) Any transfer by the Authority of any property
belonging to it or of any right or interest created in, over
or otherwise with respect to any such property, shall be
exempt from transfer tax.

(4) No customs duty or other similar impost shall
be payable upon any article imported into Jamaica, or taken
out of bond in Jamaica by the Authority and shown to
the satisfaction of the Commissioner of Cutsoms and Excise
to be required for the use of the Authority in the perform-
ance of its functions.

from tax=
and duties. and pro^^ tax-

PART In. &U#
Appoint- 29.41) The Authority may appoint and employ, at such

remuneration and subject to such terms and conditions as
it thinks fit, an Executive Director and such other oEcers,
employees and agents as it thinks necessary for the proper
performance of its functions, so, however, that-

(a) no salary in excess of the prescribed rate per anmm
shall be assigned to any post without the prior
approval of the Minister; and

meni of
Statf.

IThe ~nclusion of this page ir authorized by L.N. 90/19931


NATURAL RESOURCES f3NSERVATlON AUTItORlTY 23

(6) no appointment shall be made to any post to which
a salary in excess of the prescribed rate is assigned
without prior approval of the Minister.

(2) In subsection (1) the prescribed rate means a
rate of fifty thousand dollars per annum or such higher rate
as the Minister may, by order, prescribe.

(3) The Governor-General may, subject to such con-
ditions as he may impose, approve the appointment of
any oflicer employed in the service of the Government to
any office with the Authority and while so employed any
officer so appointed shall be treated, in relation to any
pension, gratuity, or other allowance and in relation to
other rights as a public officer, as continuing in the servicz
of the Government.

30. The Authority may with the approval of the Penrim
%heme,

Minister- medical
(U) enter into arrangements respecting schemes, h e . 6 t s , &.

whether by way of insurance policies or not; and

for medical benefits, pensions, gratuities and other retiring
benefits or disability or death benefits, in respect of the
employees of the Authority and such arrangements or
regulations may include provisions for the grant of benefits
to the dependants and the legal representatives of such
employees.

PART N. General

(6) make regulations,

31. The grant of a permit or a licence under this Act does h u i w -
m a t for not dispense with the necessity of obtaining planning per- plaanmp

mission when such permission is required under the Town
and Country Planning Act, and in such circumstances, an
application under that Act for planning permission in
respect of any development which, pursuant to an order
under section 9 ( I ) , is of a prescribed description or category

[Ihe indusioo of this page is authorized by L.N. 901 19931


24 NATURAL RESOURCES CONSERVATiON AUTHORITY

shall be made thereunder simultaneously with the making
of an appIication for a permit or licence under this Act.

Miniserid

Pro* cnviron-
ment

32 .41 ) Where the Authority reports to the Minister-
(a) the existence of any local condition in any part of

the Island tending to endanger the environment,
and there are no powers under any law other than
this section whereby such condition may be
removed or guarded against; or

(b) that a natural resource in any part of the Island
appears to be threatened with destruction or
degradation and that measures apart from, or in
addition to those specifically provided for in this
Act should be taken promptly,

the Minister may by order published in the Gazette, direct
the enforcement of any measures recommended by the
Authority or any measures that he thinks expedient for
removing or otherwise guarding against any such condition
and the probable consequences thereof, or for preventing
or mitigating as far as possible such destruction or degrada-
tion.

(2) An order made under subsection (1) may be made
to extend to the whole Island or to any part thereof and
may contain such ancillary and supplementary matters as
the Minister thinks fit.

(3) The Authority shall cause a copy of every order
made under this section to be published once in a daily news-
paper circulating in Jamaica.

(4) Any person who obstructs a person who is taking
any measures authorized by an order under subsection (1)
shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceed-
ing ten thousand dollars or to imprisonment for a term
not exceeding one year.

ordcrs to

m e inolusion of this page is authorinxi by L.N. 90/19931


NATURAL RESOURCES CONSERVATION AUTHORlTY

(5 ) Any person who contravenes the provisions of
an order made 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 fifty thousand
dollars or to imprisonment for tl 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 thou-
sand dollars for each day on which the offence
continues after conviction.

25

33.-(1) Without prejudice to the exercise of the power Environ-
conferred on the Minister under section 32, the Minister protstlotl
may, on the recommendation of the Authority and if he is
satisfied that it is in the public interest to do so, by order
published in the Gazette declare any area to be an environ-
mental protection area and direct the Authority to prepare
and to submit to him, for approval an environmental pro-
tection plan for that area; and the Authority shall act
accordingly.

(2) The undertaking of any activity in an environ-
mental protection area shall be subject to such provisions
as may be prescribed by regulations, subject to negative
resolution, in relation to the protection of the environment
and the natural resources in that area.

(3) The Authority shall cause an order made under
subsection (1) to be published once in a daily newspaper
circulating in Jamaica.

mental

area.

3 4 . 4 1 ) There is hereby established for the purposes of Tribunal.
this Act a Tribunal, and the provisions of the Second Sche- W n d sohedulc.

IThe inclusion of this pdge is antharued by L.N. 90119g3l


26 NATURAL RESOURCES CONSERVATION AUTHORITY

dule shall have effect as to the constitution of the Tribunal
and otherwise in relation thereto.

(2) The Tribunal shall hear appeals made to it in
respect of the issue of enforcement notices by the Authority
pursuant to section 18 and in respect of any such appeal
the Tribunal may, subject to the provisions of this section,
quash or vary the notice or may dismiss the appeal; and
if the notice is varied or the appeal dismissed, the Tribunal
may direct that the enforcement notice shall not take effect
until such date (not being later than twenty-eight days from
the determination of the appeal) as the Tribunal thinks fit.

(3) Before determining an appeal the Tribunal shall
give the appellant, who may be represented by an attorney-
at-law or any other person, the opportunity to be heard by
the Tribunal.

(4) The decision of the Tribunal shall be final.

& p a l to 35.-(1) Subject to the provisions of this section, an
aggrieved person may appeal to the Minister against a deci-
sion of the Authority in relation to a permit or licence
and the appeal shall be made in writing within twenty-
eight days of the date of the decision or within such
further period as the Minister may in any special circum-
stances allow.

(2) On hearing an appeal under this section, the
Minister may-

(U) dismiss the appeal and confirm the decision of the
Authority;

(b) aUow the appeal and set aside the decision;
(c) vary the decision; or
(d) allow the appeal and direct that the matter be

determined afresh by the Authority,

Mmster.

and the Minister’s decision shall be final.
me inclusion of this page is authorized by L.N. 90/19!931


NATURAL RESOURCES CONSERVATION AUTHORITY

(3) For the purposes of this section, an aggrieved

(a) who has been refused a permit or a licence or who
objects to the terms and conditions subject to which
a permit or licence is granted; or

(b) who is the holder of a permit or licence and who
objects to a decision of the Authority in respect of
such permit or licence.

person is a person-

36. The Authority may by instrument in writing authorize z.2
any such person as it thinks fit (hereinafter referred to as to ta+o
the authorized person) to institute proceedings against any W.
person for an offence against this Act and to recot-er any
penalties under this Act or regulations made thereunder, and
the authorized person may prosecute or conduct such pro-

procd-

ceedings.

27

37. AI1 prosecutions for offences against this Act or any Pr-
tionstobe regulations made thereunder shall be commenced within

twelve calendar months next after the commission of such ,$%
offence or, if the Court is satisfied that the Authority with
due diligence could not have been aware within that period
that the offence had been committed, within such further
period as the Court may allow.

38.41) The Minister may make regulations for the pur- RHt ions .
pose of giving effect to the provisions of this Act, and in
particular but without prejudice to the generality of the
foregoing, such regulations may contain provisions in rela-
tion to-

(a) standards and codes of practice with respect to the
protection and rehabilitation of the environment
and the conservation of natural resources;

(b) the description or category of enterprise, construc-
tion or development in respect of which an environ-
me inclusion of this p.ge is authorized by LN. W/lW3]


28 NATURAL RESOURCES CONSERVATION AUTHORITY

mental impact assessment is required by the
Authority;

(c) the quantity, condition or concentration of
substances that may be released into the environ-
ment;

(4 the importation, collection, storage, recycling,
recovery or disposal of substances which may be
hazardous to the environment

(e) the establishment of ambient air quality standards,
an air pollution monitoring system and index, and
the manufacture, use and emission of air con-
taminants;

(f, the discharge of waste generally, and the fees pay-
able in relation thereto;

(g) the design, construction, operation, maintenance
and monitoring of facilities for the control of pollu-
tion and the disposal of waste;

(h) the management of national parks, marine parks,
protected areas and public recreational beaches or
other public recreational facilities, the fees (if any)
payable in respect of their use, and the standards
of care and sanitation, cleanliness and safety to
be observed in relation thereto;

( i ) the employment of lifeguards at beaches to which
members of the public habitually resort and the
training and qualification of lifeguards;

(1) the preservation of order and good conduct among
members of the public using national parks,
marine parks, protected areas, public recreational
beaches or other public recreational facilities

(k) the erection on lands forming part of or adjoining
any public recreational facility of huts, booths,
tents, sheds, stands and stalls, whether fixed or
moveable;

me mdusion of this page is authorid by L.N. 90/11)93]

.


NATURAL RESOURCES CONSERVATION AUTHORlTY

(0 the limitation or prohibition of-
(i) the production, importation, exportation,

trade or use of any type of equipment,
means or device designed to kill, catch, or
destroy, indiscriminately, prescribed animals
or prescribed plants;

(ii) any action or method which may bring
about the extinction of or major adverse
effects on, prescribed fauna or flora species;

(m) the protection of particular species of prescribed
fauna and flora;

(n) the form and manner of, and the fees payable in
connection with, an application for any licence or
permit that may be granted by the Authority under
any enactment;

(0) the grant, refusal, revocation or suspension of any
licence or permit that may be issued by the Author-
ity and the terms, conditions or restrictions subject
to which such licence or permit may be granted;

(p ) the fees or charges payable to the Authority for
services rendered by the Authority, its servants or
agents in carrying out the provisions of any enact-
ment under which the Authority exercises func-
tions;

(q) the grant, in accordance with section 30, of beneEts
to and in respect of, employees of the Authority;

,(r) any other matter required by this Act to be
prescribed.

(2) For the purposes of paragraphs (1) and (m),
"prescribed" means prescribed by the Minister by notice
published in the Gazette.

(3) Notwithstanding the provisions of section 29 of
the Interpretation Act, regulations made under this Act may

29

[Tae inclusion of this page is authorized by LN. W/19931


30 NATURAL RESOURCES CONSERVATION AUTHORITY

prescribe greater penalties than those specified in that
section, so, however, that the maximum penalty that may be
imposed shall be a fine of fifty thousand dollars and impri-
sonment for two years.

allplia 39. This Act binds the Crown.
M crowo.
~ o d i f i ~ a -

lawS.
40.41) The Minister may, by order, with effect from

any date specified in the order, not being earlier than the
5th day of July, 1991, alter any enactment if he considers
such alteration to be necessary or expedient on account of
anything contained in this Act.

(2) An order made pursuant to subsection (1) shall
be subject to affirmative resolution.

(3) In this section-

tan of

(a) “alter” includes adapt or repeal;
(b) “enactment” includes any instrument having the

force of law but does not include this Act.

Vcsting of -‘@. 41. All real and personal property belonging to the Beach Control Authority, including all moneys standing to the
credit of or receivable by that Authority pursuant to the
Beach Control Act shall, from and after the 5th day of July,
1991, without any conveyance, assignment or other transfer,
belong to and be vested in the Natural Resources Conserva-
tion Authority, subject to the provisions of this Act and to
any enactment regulating the management, maintenance,
control, supervision and dealing with, such property or
moneys.

O~QSWW- 42. In any enactment or regulations made thereunder or
rdcrraas. in any instrument in writing issued pursuant to a statutory

power and having effect on or after the 5th day of July,
1991, any reference to the Natural Resouroes Conservation
Department, the Beach Control Authority or the Watershed

tioe of

[The inclusion of this page is authorized by L.N. 90) 19931


NATURAL RESOURCES CONSEKVATION AWHOPITY

Commission shall be construed as a reference to the
Authority.

section 9 (1) and any enterprise, construction or development
of a description or category prescribed pursuant to that sec-
tion is being undertaken in such area at the date on which the
order takes effect, the person responsible shall apply for a
permit within such time as may be specified in the order.

(2) Any person who is engaged in d o h or causing
to be done any act referred to in section 12 in respect of
which a licence is required under that section, shall apply
for a licence in accordance with regulations made under
this Act.

43.-(1) Where an area is prescribed by an order under ~ranai-
rioolL

31

[The ,inclusion of ‘chk page is authorized by L.N. 90/19931


32 NATURAL RESOURCES CONsERVATiON AUTHORITY

FIRST SCHEDULE (Section 3(2) )

Constitution and Procedure of the Authority
1. The Authority shall consiat of such number of membera, not

being less than seven nor more than ten persons as the M ~ I B I may
from time to time &tcnnine.

2 . 4 1 ) The Minister shall appoint a chairman and a deputy chairman
from amongst the members of the Authority.

(2) In the case of the absence 01 inability to act of the chairman.
the deputy chairman shail exercise the functions of the chairman.

3.-(1) The appointment of every member shall be evidend by
instrument in writing and. subject to the provision of this Schedule,
such instrument shall specify the period of 05ce of the member, which
shall not exceed t hm yuur.

(2)Every member of the Authority shall be eligible for
reappointment

(3) The Minister may at anv time revoke the auwintment of

CWStiB-
tion d
A u h ~ ~ *

cbairmaa
and

Tenure of
oflice.

the chairman, the deputy &irman,>r any other memberof the Author-
ity if he thinks it expedmt so to do.

Leave. 4. The Minister may, on the application of any member, grant leave
of absence to such membg.

5. The Minister may appoint any person to act temporarily in the
place of any member of the ~ a t h o f i e in the case OP the a- or
inability to act of that member.

6.41) Any member of the Authrify. other than the chairman. may
at any time resign his office by instrument in writing addressed to
the Minister and transmitted through the chairman. and from the date
of receipt by the Minister of such instrument, that member shall cease
to be a member of the Authority.

(2) The chairman may at any time resign his office by instrument
in writing addressed to the Minister, and such resignation shall take
effwt as from the date of receipt by the Minister of such instrument.

ment

ResigMl-
tion.

Pvbliaation 7. The n a m a of the members of the Authority as first constituted
Of m a n k - and every change in the membtrship thersof shall be puhlkhed in the

Gorare. ship.

I ~ ~ ~ ~ -
tion.

8 . 4 1 ) The Authority shall be a body corporate having perpetual
succession and a common seal with power to acquue, hold and dispose
of land and other property of whatever kind.

lTk inclmsioo of this page i s authorkd by LN. SQ/ 19931


NATURAL RESOURCES CONSERVATION AUTHORITY

(2) The seal of the Authority shall be kept in the custody of
the chairman or the secretary and shall be &ed to instruments pur-
suant to a resolution of the Authority in the presence of the chairman
or any other member of the Authority. and the secretary.

(3) The seal of the Authority shall be authenticated by the aigna-
tures of the chairman or a member of the Authority authorized to
act in that b W by the Authority, and the secretary.

(4) All documents other than those required by law to be under
seal, made by, and all dc&ions of. the Authority may be sigoified
under the hand of the chairman or any other member authorized to
act in that behalf by the Authority.

(5) The Authority may me or be sued in its oorporate name
and may for all purposes be described by such name.

33

9. Any ~ummons. notice or other document required or authorized service of
to be served upon the Authority under the provisions of this Act or &cumcnta
any other law may, unless in any case there is express provision to
the mnary, be served by delivering the same to the chairman or
secretary, or by eending it by registered post addressed to the secretary
at the principal office of the Authority.

10.41) The Authority shall meet at such times as may be necessary
or expedient for the transaction of its business and such meetings shall -d
be held at such places and times and on such days as the Authority meerfuep.
may determine.

(2) The chairman may at any time call a special meeting of
the Authority and shall call a spenal meeting within seven days of
the receipt of a written re uest for that purpose addressed to him
by any two members of the iuthority.

(3) The chairman or. in the case of the absence or inability
to act of the chairman, the deputy chairman shall preside at meetings
of the Authority and in the case of the absence of both the chairman
and deputy chairman from a meetin& the members present shall
elect one of their number to preside at that meeting.

I

J

(4) A quorum of the Authority shall be four.
(5) The dedsions of the Authority ahall be by a majority of the

votea and in addition to an original vote the chairman. deputy chairman
or other person presiding at a meeting shall have a casting vote in
any cme in which the voting is equal.

(a) Minutes of each meeting of the Authority shall be kept
in proper form and shaU be cm6rmed as soon aa practicable at a
subsequent meeting.

(7) The validity of the proceedings of the Autbority shall not
be affected by any vacancy amongst the members thereof or by any
defect in the appointment of a member thereof.

llh inclusion of this page is authorized by LN. 90/19931


34

Renunera-
tnn of
Ilwmkcm

Psotertion
of mcrmbers.

mce of
chairinan
or m m -
ber not a
public
0-

NATURAL RESOURCES CONSERVATlON AUTHORITY

(8) Subject to the provisions of this Schedule, the Authority

11. A member of the Authority who is directly or indirectly interested

may regulate its own proceedings.

in any matter which is being dealt with by the Authority-
(a) disclose the- nature of his interest at i meeting of the

Authority: and
(b) shall not take part in any deliberation or decision of the

12. There shall be paid from the funds of the Authority to the
chairman, deputy chairman and other members of the Authority such
remuneration (whether by way of honorarium, salary or fees) and such
allowances a8 the Minister may determine,

13.41) No action, suit, prosecution or other proceedings shall be
brought or instituted personally against any member of the Authority
in respect of any act done born fk!e in pursuance or execution or
intended execution of the Authority's functione under this or any 0 t h
enactment.

(2) Where any member of thc Authority is exempt from liability
by reason only of the provisions of this paragraph, the Authority shall
be liable to the extent that it would be if the said member w m a
servant or agent of the Authority.

shall not

Authority with respect to that matter.

14. The &ce of chairman or member of the Authori
be a public office for the purpose of Chapter V of the 8l nstitution
of Jamaica.

SECOND SCHEDULE (section 34(1) )

Constitution and procedrrre ot Tribunal
1 . 4 1 ) The Tribunal shall consist of not less than three nor more

tban five members appointed by the Minister, being persons appearing
to the Minister to be knowledgeable and experienced in mattera relating
to the environment

(2) For the hearing of any appeal under this Act, the Tribunal
may consist of one member sitting alone if the parties to the appeal
w=.
2 If the chairman or other member of the Tribunal is absent or

unable to act the Minister may appoint another person to act tempor-
arily as chairman or such other member.

3 . 4 1 ) The appointment of every member of the Tribunal s W be
evidenced by instrument in writing and shall be for a period not
exceediug three years.

me dndusion of this p g e Is aucbmized by L.N. 90/19931


NATURAL RESOURCES CONSERVATION AUTHORITY

(2) Every member of the Tribunal shall be eligible for reappoint.

(3) The Minister may at any time revoke the appointment of the
ment.

chairman or any other member of the Tribunal.

35

4 . 4 1 ) Any member of the Tribunal otber than the chairman may aesigna-
at any time resign his office by instrument in writing addressed to the flan.
Minister and transmitted through the chairman, and from lbe date of
the receipt by the Minister of such instrument such member shall cease
to be a member of the Tribunal.

(2) The chairman may at any time resign his office by instru-
ment in writing addressed to the Minister and such resignation shall
take dect as from the date of the receipt of such instrument by the
Minister.

5. The names of the members of the Tribund a8 ant constituted ,&bfia-
mcmba-

and every change in membership thereof shall be published in the t h of
Gazette. *

6. All documents made by, and all decisions of, the Tribunal may ~ ~ b h c n l i ~ .
be signified under the hand of the chairman CT any member of the tion of
Tribunal authorized to act in that behalf. doEunsnis.

7 . 4 1 ) The Tribunal shall meet at such t ima as may be necessary
or expedient for the transaction of business and such meetings shall
be hdd at such places and times and on such days a8 the Tribunal
may determine.

(2) The chairman or any other person appointed to act tem-
porarily as chairman shall preside at meetings of the Tribunal.

(3) Subject to paragraph 1 (2) the decisions of the Tribunal shall
be by a majority of votes of the members and in addition to an
original vote, the chairman shall have a casting vote in any case in
which the voting is equal.

(4) The Tribnnal shall have power to regulate its 0w1l pro-
ceediugs.

(5) Proper records of all proceedin@ of the Tribunal shall be
kepi.

8. There shall be paid to the chairman and other members of the
Tribunal such remuneration (whether by way of honorarium. salary
or fees) and such allowances as the Minister may detcrmine.

9. No action, suit, prosecution or other proceedings shall be brought
or instituted personalry against any member of the Tribunal in respect

IThe indusion of *his page is autbaized by L.N. 9O/lW931


36 NATURAL RESOURCES CONSERVATION AUTHORITY

Df an act done born w e in pursuance or execution or intended execu-
tion of the provisions of this Act

10. Any member of the Tribunal who has any interest. diractly or
indirectly, in any matter brought before the Tribunal-

(U) shall &lose the nature of the interest to the Tribunal, and
(b) shall not take part in my deliberations or decisions of the

Tribunal with respect to that matter.

DidoJurs
Of

00ia of
Mrmber not

public
06iCC. Jamaica.

11. The office of chairman or member of the TniunaI shall not bc
a public office far the purposes of Chaptes V of the constiktion of

m e inclusion of this page is authorized by LN. 90/19931


NATURAL RESOURCES CONSERVATION AUTHORITY

THE NATURAL RESOURCES CONSERVATION
AUTHORITY ACT

ARRANGEMENT OF SECTIONS

Preliminary
1. Short title.
2. Interpretation.

Part I. Natural Resources Conservation Authority
Establishment and Functions

Establishment of Authority.

Functions of Authority.

Designation of national park, protected area, etc.

Delegation.

Ministerial directions.

Authority to be consulted.

Permit required.

10. Power of Authority to request environmental impact assessment,
etc.

ll. Revocation of permit.

12. Licences for the discharge of effluents, etc.

13. Cessation order.

14. National Water Commission excused in specific circumstances.

15. Notice to abstain from agricultural practices.

16, Operations by Authority regarding pollution of water.

17. Information on pollution control facility.

18. Enforcement of controls.

19. Supplementary provisions as to enforcement.

20. Right of entry.

Ne

Part U1, Financial Provisions, Accounts and Report

21. Funds of Authority.


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NATURAL RESOURCES CONSERVATION AUTHORITY

22. Expenses of Authority.

23. Borrowing powers.

24, Minister of Finance may guarantee loans.
25. Power to invest moneys.

26. Accounts and audit.

27. Annual report and estimates.

28. Exemption from taxes and duties.

Part iil. Staff

29. Appointment of staff.
30. Pension scheme, medical benefits, etc.

Parr IV. General

31. Requirement for planning permission unaffected.
32. Ministerial orders to protect environment.

33. Environmental protection area.

34. Tribunal.

35. Appeal to Minister.

36. Persons entitled to take proceedings.

37. Prosecutions to be commenced within twelve months.
38. Regulations,

39. Act applies to Crown.

40, Modification of laws.

41. Vesting of property.

42, Construction of references.

43. Transitional,

SCHEDULES.


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NATURAL RESOURCES CONSERVATION AUTHORITY

THE NATURAL RESOURCES CONSERVATION Act
AUTHORITY ACT 9 of 1991,

[5th July, 1991.]

Preliminary

1. This Act may be cited as the Natural Resources Con- Short title.
servation Authority Act.

2. In this Act — laterpreta-
“appointed day” means the Sth 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;

“Ticence” means a licence required under section 12;

“marine park” means an atea designated as such pur-
suant to section 5 (1) (c);

“member” means member of the Authority;

“national park” means an area designated as such pur-
suant to section 5 (1} (a);

“permit” means a permit required under section 9;

“person responsible” in relation to an enterprise, con-
struction or development, includes any person at
whose order or on whose behalf the enterprise, con-

struction or development will be or, as the case may
be, is being undertaken;

“protected area” means an area designated as such pur-
suant to section 5 (1) (&);

“sewage effluent” includes any effluent from sewage dis-
posal or sewage works;


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Establish-
ment of

Authority,

First
Schedule,

Functions
of

Authority,

NATURAL RESOURCES CONSERVATION AUTHORITY

“trade effluent” includes any liquid, other than domestic
sewage, (either with or without particles of matter
in suspension in it) which is discharged from pre-
mises 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 sec-
tion 34.

Part I. Natural Resources Conservation Authority
Establishment and Functions

3.—(1) There is hereby established a body to be called
the Natural Resources Conservation Authority.

(2) The provisions of the First Schedule shall have
effect as to the constitution and operations of the Authority
and otherwise in relation thereto.

4.—(1) The functions of the Authority shall be—

(a) to take such steps as are necessary for the effective
management of the physical environment of
Jamaica so as to ensure the conservation, protection
and proper use of its natural resources;

(6) to promote public awareness of the ecological sys-
tems of Jamaica and their importance to the social
and economic life of the Island;

{c) to manage such national parks, marine parks, pro-
tected areas and public recreational facilities as
may be prescribed;

(@) to advise the Minister on matters of general policy

telating to the management, development, conser-
vation and care of the environment; and


—

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NATURAL RESOURCES CONSERVATION AUTHORITY

(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.

(2) In performing the functions specified in subsection
(D the Authority may—

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

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

(od) 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

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6 NATURAL RESOURCES CONSERVATION AUTHORITY

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;

(hk) do anything or enter into any arrangement which,
in the opinion of the Authority, is necessary to
ensute the proper performance of its functions.

ssignation 5.—(1) The Minister may, on the recommendation of the
of patonal Authority after consultation with the Jamaica National
protected Heritage Trust, by order published in the Gazette

sree, ete, designate—

(a) any area of land as a national park to be maintained
for the benefit of the public;

(6) any area of land or water as a protected area in
which may be preserved any object (whether ani-
mate or inanimate) or unusual combination of
elements of the natural environment that is of
aesthetic, educational, historical or scientific
interest; or

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

(2) The Authority shall cause any order made under
subsection (1) to be published once in a daily newspaper
circulating in Jamaica.

Delegation. 6,—{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.


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NATURAL RESOURCES CONSERVATION AUTHORITY

7.—()) The Minister may, after consultation with the Ministerial
chairman, give to the Authority such directions of a general ***#°"*
character as to the policy to be followed by the Authority
in the performance of its functions as appear to the Minister
to be necessary in the public interest, and the Authority
shall give effect thereto.

(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 verify-
ing such information in such manner, and at such times
as he may reasonably require.

8. Any person, body or agency having authority over any Authority
matter in respect of which the Authority has functions to consulied.
perform pursuant to this Act shall not, whether provisionally
or finally, approve or determine such matter until the

Authority has been consulted thereon.

9.{1) The Minister may, on the recommendation of the Permit
Authority, by order published in the Gazette, prescribe the """**
areas in Jamaica, and the description or category of enter-
prise, construction or development to which the provisions
of this section shall apply; and the Authority shall cause
any order so prescribed to be published once in a daily
newspaper circulating in Jamaica.

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

(3) Any person who proposes to undertake in a pre-
scribed area any enterprise, construction or development
of a prescribed description or category shall, before com-
mencing such enterprise, construction or development, apply
in the prescribed form and manner to the Authority for a


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NATURAL RESOURCES CONSERVATION AUTHORITY

permit, and such application shall be accompanied by the
prescribed fee and such information or documents as the
Authority may require.

(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 accom-
panied by an application for a licence to discharge effluents
as Tequired under section 12.

(5) In considering an application made under subsec-
tion (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 enterpirse, 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 ta public health or to any natural resources.

(6) The Authority may—
(a2) grant a permit subject to such terms and conditions
as it thinks fit; or

(4) 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.

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NATURAL RESOURCES CONSERVATION AUTHORITY

(7) Any person who contravenes any provisions of
subsection (2) 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 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

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

10.—(1) Subject to the provisions of this section, the
Authority may by notice in writing require an applicant
for a permit or the person responsible for undertaking in
a prescribed area, any enterprise, construction or develop-
ment of a prescribed description or category—

(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.

{2) A notice issued pursuant to subsection (1) shall
state the period within which the documents, information
or assessment, as the case may be, shall be submitted to
the Authority.


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Power of
Authority
to request
enyiron-
mental
impact
assessment,
ete,


10

Revocation
of permit.

NATURAL RESOURCES CONSERVATION AUTHORITY

(3) Where the Authority issues a notice under sub-
section (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 nat exceeding thirty thousand
dollars.

1L—(L) Subject to subsection (2), the Authority may by
notice addressed to the person to whom a permit was issued
revoke or suspend the permit if it is satisfied that there has
been a breach of any term or condition subject to which
the permit was granted, or if such person fails or neglects
to submit to the Authority, in accordance with section 10,
any documents, information or assessment required there-
under.

(2) Except as provided in subsection (3), the Author-
ity 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

(8) 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.

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re


NATURAL RESOURCES CONSERVATION AUTHORITY

(3) The Authority shall not be obliged to serve a
notice pursuant to subsection (2) in relation to any breach
if a cessation order pursuant to section 13 or an enforce-
Ment notice pursuant to section 18 is in effect in relation to
that breach.

12.—(1) Subject to the provisions of this section, no per-
son 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.

(2) A licence shall not be required if the discharge
or entry—

(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


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11

Licentes
for the
discharge
of effluents,
etc,


12 NATURAL RESOURCES CONSERVATION AUTHORITY

this enactment or any other Jaw in force pertaining
to such disposal.

(3) Any person who contravenes the provisions of
subsection (1) shall be guilty of an offence and shall be
liable on summary conviction before a Resident Magistrate
to a fine not exceeding fifty thousand doilars or to imprison-
ment 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

(6) 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.

(4) The provisions of regulations made under this
Act shall have effect in relation to the grant, suspension
and revocation of licences and otherwise in relation thereto.

Cessation 13.—(1) Without prejudice to the provisions of section 9
order, (7), 10 (4), 1 and 12 (3)—
(a) where a person fails to comply with the provisions
of section 9 (2); or
(6) 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.


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NATURAL RESOURCES CONSERVATION AUTHORITY

(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 pur-
suant to subsection (2), a member of the Jamaica Constabu-
lary 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 con-
viction before a Resident Magistrate to a fine not exceeding
ten thousand dollars or to imprisonment for a term not
exceeding one year.

14.—(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
ta receive it there subject to conditions which were
not observed; and.

(co) the Commission could not reasonably have been

expected to prevent the discharge into the sewer
or works.

(2) A person shall not be held to have violated the
provisions of section 12 (1) in consequence of a discharge
which he caused or permitted to be made into a sewer or
works vested in the Commission if the Commission was

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13

National
Water
Commis-
sion
excused in
Specific
circum-
stances.


14

Notice to
abstain from
agricultural
practices,

Operations
by Author-
ity
regarding
pollution

of water.

NATURAL RESOURCES CONSERVATION AUTHORITY

bound to receive the discharge there either unconditionally
or subject to conditions which were observed.

15.—(J) Where it appears to the Authority that any waters
have been or are likely ta be polluted in consequence of an
act or omission which, for the purposes of paragraph {d) 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 Jand
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 shail 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 bath 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

(6) 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 canviction.

16.—(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

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NATURAL RESOURCES CONSERVATION AUTHORITY

(6) 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 sub-
section (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 unneces-
sarily.

(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.

15

17.—(1) The Authority may by notice in writing require tformation

the owner or operator of any sewage treatment plant,
industrial waste treatment facility or any facility for the


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op pollu-
tien con-
tral
facility.


16

Enforce-
ment of
controls,

NATURAL RESOURCES CONSERVATION AUTHORITY

disposal of solid waste or for the abatement of air pollu-
tion 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;

(4) 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 ta comply with
the requirements of a notice under subsection (1) shall be
guilty of an offence and shall be liable on summary convic-
tion 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 imprison-
ment, 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

(6) 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.

18.—{1) Subject to the provisions of this section, where it
appears to the Authority that the activities of an under-
taking 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


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NATURAL RESGURCES CONSERVATION AUTHORITY

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.


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17


13

Supple-
mentary
provisions
as to en-

forcement.

NATURAL RESOURCES CONSERVATION AUTHORITY

(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 subsec-
tion (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 pur-
suant 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.

19.—{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 Author-
ity pursuant ta 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


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NATURAL RESOURCES CONSERVATION AUTHORITY

the validity of the action taken by the Authority on any
ground that could have been raised in such appeal.

20.—(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 enter-
ing 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.

Parr I. Financial Provisions, Accounts and Report

21. The funds and resources of the Authority shall con-
sist of —

(a) such sums as may be provided annually for the
purpose in the Estimates of Revenue and Expendi-
ture of the Island;

(d) all sums which the Authority is authorized to
collect by or under this or any other enactment; and
(c) all other sums or property which may in any man-
ner become payable to or vested in the Authority
in respect of any matter incidental to its functions.

Right of
entry.

Funds of

Authority.

19

22. The expenses of the Authority, including the Expenses of

remuneration of members and staff thereof, shall be paid *
out of the funds and resources of the Authority.


(The inclusion of this page is authorized by 'L.N. 90/1993]

thority.


20

Borrowing
powers.

Minister of
Finance may
guarantee
\oans.

NATURAL RESOURCES CONSERVATION AUTHORITY

23.-—(1) Subject to the provisions of subsection (2), the
Authority may borrow sums required by it for meeting any
of its obligations or discharging any of its functions.

(2) The power of the Authority to borrow shall be
exercisable only with approval of the Minister responsible
for finance as to the amount, the sources of borrowing and
the terms on which the borrowing may be effected, and an
approval given in any respect for the purposes of this sub-
section may be either general or limited to a particular
borrowing or otherwise, or may be either unconditional or
subject to conditions.

24.—(1) With the approval of the House of Representa-
tives, the Minister responsible for finance may guarantee,
in such manner and on such conditions as he may think
fit, the repayment of the principal and the payment of
interest on any authorized borrowings of the Authority.

(2) Notwithstanding anything to the contrary, where
any loan is, pursuant to subsection (1), guaranteed by the
Minister responsible for finance, the repayment of the
principal moneys and interest represented by the loan so
guaranteed shall, during the continuance of such guarantee,
be a first charge upon such revenue and assets of the
Authority as shall be specified by that Minister.

(3) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of
any principal moneys or in the payment of interest puaran-
teed under the provisions of this section, he shall direct the
repayment or, as the case may be, the payment, out of the
Consolidated Fund and assets of Jamaica, of the amount
in respect of which there has been such default.

(4) The Authority shall make to the Accountant-
General, at such times and in such manner as the Minister
tesponsible for finance may direct, payments of such


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NATURAL RESOURCES CONSERVATION AUTHORITY

amounts as may be so directed in or towards repayment
of any sums issued in fulfilment of any guarantee under
this section, and payments of interest on what is outstanding
for the time being in respect of any sums so issued at such
rate as that Minister may direct, and different rates of
interest may be directed as respects different sums and as
respects interest for different periods.

25. All moneys of the Authority not immediately required
to be expended for the purpose of meeting any obligations or
discharging any functions of the Authority, may be
invested in such securities as may be approved either
generally or specifically by the Minister and the Authority
may, with the approval of the Minister, sell all or any of such
securities.

26.—{1) The Authority shall keep accounts and other
tecords in relation to its business and shall prepare annually
a statement of accounts in a form satisfactory to the
Minister, being a form which shall conform to the best
commercial standards.

(2) The accounts of the Authority shall be audited
annually by the Auditor-General or by an auditor appointed
in each year by the Authority with the approval of the
Minister.

27.—(1) As soon as practicable after the end of each
financial year, the Authority shall cause to be made and
shall transmit to the Minister—

(a) a statement of its accounts audited in accordance
with section 26 (2); and

(b) a report dealing generally with the proceedings and
policies of the Authority during that financial year.

(2) The Minister shali cause a copy of such report
together with the annual statement of accounts and the


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21

Power to
invest
moneys.

Accounts
and audits.

Annual
Ieport and
estimates.


22 NATURAL RESOURCES CONSERVATION AUTHORITY

auditor’s report thereon to be tabled in the House of
Representatives and in the Senate.

(3) The Authority shall, as soon as may be prac-
ticable before the 31st day of December in each year, submit
to the Minister for approval, its estimates of revenue and
expenditure in respect of the period commencing on the 1st
day of April in the following year and ending on the thirty-
first day of March of the subsequent year, and shall, during
that year, submit to the Minister for approval any estimate
of further expenditure as may become necessary.

Exemption 28.—(1) The Authority shall be exempt from income tax

from taxes

and duties, and property tax.

(2) All instruments executed by or on behalf of the
Authority shall be exempt from stamp duty.

(3) Any transfer by the Authority of any property
belonging to it or of any right or interest created in, over
or otherwise with respect to any such property, shall be
exempt from transfer tax.

(4) No customs duty or other similar impost shall
be payable upon any article imported into Jamaica, or taken
out of bond in Jamaica by the Authority and shown to
the satisfaction of the Commissioner of Cutsoms and Excise
to be required for the use of the Authority in the perform-
ance of its functions.

Part Ill. Staff
Appoint- 29.—(1) The Authority may appoint and employ, at such

mee of remuneration and subject to such terms and conditions as
it thinks fit, an Executive Director and such other officers,
employees and agents as it thinks necessary for the proper

performance of its functions, so, however, that—

{a) no salary in excess of the prescribed rate per annum
shall be assigned to any post without the prior
approval of the Minister; and


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NATURAL RESOURCES CONSERVATION AUTHORITY

(6) no appointment shall be made to any post to which
a salary in excess of the prescribed rate is assigned
without prior approval of the Minister.

(2) In subsection (1) the prescribed rate means a
rate of fifty thousand dollars per annum or such higher rate
as the Minister may, by order, prescribe.

(3) The Governor-General may, subject to such con-
ditions as he may impose, approve the appointment of
any officer employed in the service of the Government to
any office with the Authority and while so employed any
officer so appointed shall be treated, in relation to any
pension, gratuity, or other allowance and in relation to
other rights as a public officer, as continuing in the service
af the Government.

30. The Authority may with the approval of the

Minister—
(a) enter into arrangements respecting schemes,
whether by way of insurance policies or not; and

(4) make regulations,

far medical benefits, pensions, gratuities and other retiring
benefits or disability or death benefits, in respect of the
employees of the Authority and such arrangements or
regulations may include provisions for the grant of benefits
to the dependants and the legal representatives of such
employees.

Part IV. General

31. The grant of a permit or a Jicence under this Act does
not dispense with the necessity of obtaining planning per-
mission when such permission is required under the Town
and Country Planning Act, and in such circumstances, an
application under that Act for planning permission in
respect of any development which, pursuant to an order
under section 9 (1), is of a prescribed description or category


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23

Pension
scheme,
medical
benefits,
etc,

Require-
ment for
planning
permission
unaffected.


24

Ministerial
orders to
‘protect
environ-
ment.

NATURAL RESOURCES CONSERVATION AUTHORITY

shall be made thereunder simultaneously with the making
of an application for a permit or licence under this Act.

32.—(1) Where the Authority reports to the Minister—

(a) the existence of any local condition in any part of
the Island tending to endanger the environment,
and there are no powers under any law other than
this section whereby such condition may be
removed or guarded against; or

(6) that a natural resource in any part of the Island
appears to be threatened with destruction or
degradation and that measures apart from, or in
addition to those specifically provided for in this
Act should be taken promptly,

the Minister may by order published in the Gazette, direct
the enforcement of any measures recommended by the
Authority or any measures that he thinks expedient for
removing or otherwise guarding against any such condition
and the probable consequences thereof, or for preventing
or mitigating as far as possible such destruction or degrada-
tion.

(2) An order made under subsection (1) may be made
to extend to the whole Island or to any part thereof and
may contain such ancillary and supplementary matters as
the Minister thinks fit.

(3) The Authority shall cause a copy of every order-
made under this section to be published once in a daily news-
paper circulating in Jamaica.

(4) Any person who obstructs a person who is taking
any measures authorized by an order under subsection (1)
shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceed-
ing ten thousand dollars or to imprisonment for a term
not exceeding one year.


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NATURAL RESOURCES CONSERVATION AUTHORITY

' (5) Any person who contravenes the provisions of
an order made 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 fifty 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

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

33.—(1) Without prejudice to the exercise of the power
conferred on the Minister under section 32, the Minister
may, on the recommendation of the Authority and if he is
satisfied that it is in the public interest to do so, by order
published in the Gazette declare any area to be an environ-
mental protection area and direct the Authority to prepare
and to submit to him, for approval an environmental pro-
tection plan for that area; and the Authority shall act
accordingly.

(2) The undertaking of any activity in an environ-
mental protection area shall be subject to such provisions
as may be prescribed by regulations, subject to negative
resolution, in relation to the protection of the environment
and the natural resources in that area.

(3) The Authority shall cause an order made under
subsection (1) to be published once in a daily newspaper
circulating in Jamaica.

34.—(1) There is hereby established for the purposes of
this Act a Tribunal, and the provisions of the Second Sche-


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25

Environ-
mental
protection
area.

Tribunal.
Second
Schedule.


26

Appeal to
Minister.

NATURAL RESOURCES CONSERVATION AUTHORITY

dule shall have effect as to the constitution of the Tribunal
and otherwise in relation thereto.

{2) The Tribunal shail hear appeals made to it in
tespect of the issue of enforcement notices by the Authority
pursuant to section 18 and in respect of any such appeal
the Tribunal may, subject to the provisions of this section,
quash or vary the notice or may dismiss the appeal; and
if the notice is varied or the appeal dismissed, the Tribunal
may direct that the enforcement notice shall not take effect
until such date (not being later than twenty-eight days from
the determination of the appeal) as the Tribunal thinks fit.

(3) Before determining an appeal the Tribunal shall
give the appellant, who may be represented by an attorney-
at-law or any other person, the opportunity to be heard by
the Tribunal.

(4) The decision of the Tribunal shall be final.

35.—(1) Subject to the provisions of this section, an
aggrieved person may appeal to the Minister against a deci-
sion of the Authority in relation to a permit or licence
and the appeal shall be made in writing within twenty-
eight days of the date of the decision or within such
further period as the Minister may in any special circum-
stances allow.

(2) On hearing an appeal under this section, the
Minister may—
(a) dismiss the appeal and confirm the decision of the
Authority;
(b) allow the appeal and set aside the decision;
{c) vary the decision; or

(d) allow the appeal and direct that the matter be
determined afresh by the Authority,

and the Minister’s decision shall be final.


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NATURAL RESOURCES CONSERVATION AUTHORITY

(3) For the purposes of this section, an aggrieved
person is a person—

(a) who has been refused a permit or a licence or who
objects to the terms and conditions subject to which
a permit or licence is granted; or

(8) who is the holder of a permit or licence and who
objects to a decision of the Authority in respect of
such permit or licence.

3%. The Authority may by instrument in writing authorize
any such person as it thinks fit (hereinafter referred to as
the authorized person) to institute proceedings against any
person for an offence against this Act and to recover any
penalties under this Act or regulations made thereunder, and
the authorized person may prosecute or conduct such pro-
ceedings.

37. All prosecutions for offences against this Act or any
regulations made thereunder shall be commenced within
twelve calendar months next after the commission of such
offence or, if the Court is satisfied that the Authority with
due diligence could not have been aware within that period
that the offence had been committed, within such further
period as the Court may allow.

38.—{1) The Minister may make regulations for the pur-
pose of giving effect to the provisions of this Act, and in
particular but without prejudice to the generality of the
foregoing, such regulations may contain provisions in rela-
tion to—

(a) standards and codes of practice with respect to the
protection and rehabilitation of the environment
and the conservation of natural resources;

(6) the description or category of enterprise, construc-
tion or development in respect of which an environ-


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27

Persons
entitled
fo take
proceed-
ings.

Prosecy-
tions to be

within
twelve

Regulations.


28

NATURAL RESOURCES CONSERVATION AUTHORITY

(c)

@)

(e)

(g)

(h)

a

7)

(k)

mental impact assessment is required by the
Authority;

the quantity, condition or concentration of
substances that may be released into the environ-
ment;

the importation, collection, storage, recycling,
recovery or disposal of substances which may be
hazardous to the environment;

the establishment of ambient air quality standards,
an air pollution monitoring system and index, and
the manufacture, use and emission of air con-
taminanis;

the discharge of waste generally, and the fees pay-
able in relation thereto;

the design, construction, operation, maintenance
and monitoring of facilities for the control of pollu-
tion and the disposal of waste;

the management of national parks, marine parks,
protected areas and public recreational beaches or
other public recreational facilities, the fees (if any)
payable in respect of their use, and the standards
of care and sanitation, cleanliness and safety to
be observed in relation thereto;

the employment of lifeguards at beaches to which
members of the public habitually resort and the
training and qualification of lifeguards;

the preservation of order and good conduct among
members of the public using national parks,
marine parks, protected areas, public recreational
beaches or other public recreational facilities;

the erection on lands farming part of or adjoining
any public recreational facility of huts, booths,
tents, sheds, stands and stalls, whether fixed or
moveable;


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NATURAL RESOURCES CONSERVATION AUTHORITY

() the limitation or prohibition of—

(i) the production, importation, exportation,
trade or use of any type of equipment,
means or device designed to kill, catch, or
destroy, indiscriminately, prescribed animals
or prescribed plants;

(ii) any action or method which may bring
about the extinction of or major adverse
effects on, prescribed fauna or flora species;

(m) the protection of particular species of prescribed
fauna and flora;

(n) the form and manner of, and the fees payable in
connection with, an application for any licence or

permit that may be granted by the Authority under
any enactment;

(o) the grant, refusal, revocation or suspension of any
licence or permit that may be issued by the Author-
ity and the terms, conditions or restrictions subject
to which such licence or permit may be granted;

(p) the fees or charges payable to the Authority for
services rendered by the Authority, its servants or
agents in carrying out the provisions of any enact-
ment under which the Authority exercises func-
tions;

{q) the grant, in accordance with section 30, of benefits
to and in respect of, employees of the Authority;

At) any other matter required by this Act to be
prescribed.

(2) For the purposes of paragraphs (I) and (m),
“prescribed” means prescribed by the Minister by notice
published in the Gazette.

(3) Notwithstanding the provisions of section 29 of
the Interpretation Act, regulations made under this Act may


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29


30

Act applies

Modifica-
tion of
laws.

Vesting of
Property.

Sonsteve-
tion of
teferences,

NATURAL RESOURCES CONSERVATION AUTHORITY

prescribe greater penalties than those specified in that
section, so, however, that the maximum penalty that may be
imposed shall be a fine of fifty thousand dollars and impri-
sonment for two years.

39, This Act binds the Crown.

40.—(1) The Minister may, by order, with effect from
any date specified in the order, not being earlier than the
3th day of July, 1991, alter any enactment if he considers
such alteration to be necessary or expedient on account of
anything contained in this Act.

(2} An order made pursuant to subsection (1) shall
be subject to affirmative resolution.

(3) In this section—
(a) “alter” includes adapt or repeal;

{b) “enactment” includes any instrument having the
force of law but does not include this Act.

41. All real and personal property belonging to the Beach
Control Authority, including all moneys standing to the
credit of or receivable by that Authority pursuant to the
Beach Control Act shall, from and after the 5th day of July,
1991, without any conveyance, assignment or other transfer,
belong to and be vested in the Natural Resources Conserva-
tion Authority, subject to the provisions of this Act and to
any enactment regulating the management, maintenance,
control, supervision and dealing with, such property or
moneys.

42. In any enactment or regulations made thereunder or
in any instrument in writing issued pursuant to a statutory
power and having effect on or after the 5th day of July,
1991, any reference to the Natural Resources Conservation
Department, the Beach Control Authority or the Watershed


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NATURAL RESOURCES CONSERVATION AUTHORITY

Commission shall be construed as a reference to the
Authority.

43.—(1) Where an area is prescribed by an order under
section 9 (1) and any enterprise, construction or development
of a description or category prescribed pursuant to that sec-
tion is being undertaken in such area at the date on which the
order takes effect, the person responsible shall apply for a
permit within such time as may be specified in the order.

(2) Any person who is engaged in doing or causing
to be done any act referred to in section 12 in respect of
which a licence is required under that section, shall apply
for a licence in accordance with regulations made under
this Act.


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Transi-

tional.

31


32 NATURAL RESOURCES CONSERVATION AUTHORITY

FIRST SCHEDULE (Section 3(2))

Constitution and Procedure of the Authority
Constitu- 1. The Authority shall consist of such number of members, not
tion of being less than seven nor more than ten persons as the Minister may

Authority. from time to time determine.

Chairman 2—{1) The Minister shall appoint a chairman and a deputy chairman

Beery from amongst the members of the Authority.
chairman. (2) In the case of the absence or inability to act of the chairman,

the deputy chairman shall exercise the functions of the chairman.

Tenure of 3.—{]} The appointment of every member shall be evidenced by

office. instrument in writing and, subdject to the provision of this Schedule,
such instrument shall specify the period of office of the member, which
shall not exceed three years,

(2) Every member of the Authority shall be eligible for
Teappointment.

(3) The Minister may at any time revoke the appointment of
the chairman, the deputy chairman, or any other member of the Author-
ity if he thinks it expedient so to do,

Leave, 4, The Minister may, on the application of any member, grant leave
of absence to such member.

Temporary 5. The Minister may appoint any person to act temporarily in the
appoint- place of any member of the Authority in the case of the absence or

ment. Inability to act of that member.
Resigna- 6.—{1) Any member of the Authority, other than the chairman, may
tion. at any time resign his office by instrument in writing addressed to

the Minister and transmitted through the chairman, and from the date
of receipt by the Minister of such instrument, that member shall cease
to be a member of the Authority.

(2) The chairman may at any time resign his office by instrument
in writing addressed to the Minister, and such resignation shall take
effect as from the date of receipt by the Minister of such instrument.

Publication 7. The names of the members of the Authority as first constituted
neem and every change in the membership thereof shall be published in the
" Gozette.

Incorpora- 8—{1) The Authority shall be a body corporate having perpetual
tion, succession and a common seal with power to acquire, hold and dispose
of jand and other property of whatever kind.

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NATURAL RESOURCES CONSERVATION AUTHORITY

(2) The seal of the Authority shall be kept in the custody of
the chairman or the secretary and shall be affixed to instruments pur-
suant to a resolution of the Authority in the presence of the chairman
or any other member of the Authority, and the secretary.

(3) The seal of the Authority shall be authenticated by the signa-
tures of the chairman or a member of the Authority authorized to
act in that behalf by the Authority, and the secretary.

(4) All documents other than those required by law to be under
seal, made by, and ali decisions of, the Authority may be signified
under the hand of the chairman or any other member authorized to
act in that behalf by the Authority.

(5) The Authority may sue or be sued in its corporate name
and may for all purposes be described by such name.

9, Any summons, notice or other document required or authorized
to be served upon the Authority under the provisions of this Act or
any other law may, unless in any case there is express provision to
the contrary, be served by delivering the same to the chairman or
secretary, or by sending it by registered post addressed to the secretary
at the principal office of the Authority.

10.—(1) The Authority shall meet at such times as may be necessary
or expedient for the transaction of its business and such meetings shail
be held at such places and times and on such days as the Authority
may determine.

(2) The chairman may at any time call a special meeting of
the Authority and shail call a special meeting within seven days of
the receipt of a written request for that purpose addressed to him
by any two members of the Authority.

(3) The chairman or, in the case of the absence or inability
to act of the chairman, the deputy chairman shall preside at meetings
of the Authority and in the case of the absence of both the chairman
and deputy chairman from a mecting, the members present shall
elect one of their number to preside at that meeting.

(4) A quorum of the Authority shall be four.

(5) The decisions of the Authority shall be by a majority of the
yotes and in addition to an original vote the chairman, deputy chairman
or other person presiding at a meeting shall have a casting vote in
any case in which the voting is equal.

(6) Minutes of each meeting of the Authority shall be kept
in proper form and shall be confirmed as soon as practicable at a
subsequent meeting.

C7} The validity of the proceedings of the Authority shall not
be affected by any vacancy amongst the members thereof or by any
defect in the appointment of a member thereof.


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33

Service of
documents.


34 NATURAL RESOURCES CONSERVATION AUTHORITY

(8) Subject to the provisions of this Schedule, the Authority
may regulate its own proceedings.

9c 11, A member of the Authority who is directly or indirectly interested
Disclosure in any matter which is being dealt with by the Authority—

(a) shall disclose the nature of his interest at a meeting of the
Authority; and

(2) shail not take part in any deliberation or decision of the
Authority with respect to that matter,

Remunera- 12, There shall be paid from the funds of the Authority to the

tion of chairman, deputy chairman and other members of the Authority such

members. remuneration (whether by way of honorarium, salary or fees) and such
allowances as the Minister may determine.

Protection 13.—(1) No action, suit, prosecution or other proceedings shall be

of members. brought or instituted personally against any member of the Authority
in respect of any act done Jona fide in pursuance or execution or
intended execution of the Authority’s functions under this or any other
enactment,

(2) Where any member of the Authority is exempt from liability
by reason only of the provisions of this paragraph, the Authority shall
be liable to the extent that it would be if the said member were a
servant or agent of the Authority.

Office of 14. The office of chairman or member of the Authority shall not

chairman — be a public office for the purpose of Chapter V of the Constitution

or mem- of Jamaica.

pubic.

Bice. SECOND SCHEDULE (Section 34 (1) )
Constitution and Procedure of Tribunal

Appoint- 1—(1) The Tribunal shall consist of not less than three nor more

ment of than five members appointed by the Minister, being persons appearing
members. to the Minister to be knowledgeable and experienced in matters relating
to the environment.

(2) For the hearing of any appeal under this Act, the Tribunal
may cousist of one member sitting alone if the parties to the appeal

agree.

Tempo: 2. Ié the chairman or other member of the Tribunal is absent or
appoint- unable to act the Minister may appoint another person to act tempor-
ment. arily as chairman or such other member.

Tenure of 3.—{1) The appointment of every member of the Tribunal shail be
‘office, evidenced by instrument in writing and shall be for a period not
exceeding three years,


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NATURAL RESOURCES CONSERVATION AUTHORITY

(2) Every member of the Tribunal shall be eligible for reappoint-
ment,

(3) The Minister may at any time revoke the appointment of the
chairman or any other member of the Tribunal.

4.—(1) Any member of the Tribunal other than the chairman may
at any time resign his office by instrument in writing addressed to the
Minister and transmitted through the chairman, and from the date of
the receipt by the Minister of such instrument such member shall cease
to be a member of the Tribunal.

(2) The chairman may at any time resign his office by instru-
ment in writing addressed to the Minister and such resignation shall
take effect as from the date of the receipt of such instrument by the
Minister.

5. The names of the members of the Tribunal as first constituted
and every change in membership thereof shall be published in the
Gazette.

6. AMl documents made by, and all decisions of, the Tribunal may
be signified under the hand of the chairman or any member of the
Tribunal authorized to act in that behalf.

7.—(1) The Tribunal shall meet at such times as may be necessary
or expedient for the transaction of business and such meetings shall
be held at such places and times and on such days as the Tribunal
may determine.

(2) The chairman or any other person appointed to act tem-
porarily as chairman shall preside at meetings of the Tribunal,

(3) Subject to paragraph 1 (2) the decisions of the Tribunal shall
be by a majority of votes of the members and in addition to an
original vote, the chairman shall have a casting vote in any case in
which the voting is equal.

(4) The Tribunal shal} have power to regulate its own pro-
ceedings.

kept (5) Proper records of all proceedings of the Tribunal shall be
ept.

8. There shall be paid to the chairman and other members of the
Tribunal such remuneration (whether by way of honorarium, salary
or fees) and such allowances as the Minister may determine.

9. No action, suit, prosecution or other proceedings shall be brought
or instituted personally against any member of the Tribunal in respect


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35

Resigna-
von.

Publica-
tion of
member-

Authentica-
tion of
documents,

Procedure,

Remuneta-
tion of

Tmenbers.

Protection
of mem-
bers,


36 NATURAL RESOURCES CONSERVATION AUTHORITY

of an act done bona fide in pursuance or execution or intended execu-
tion of the provisions of this Act.

Disclosure 10, Any member of the Tribunal who has any intetest, directly or
of interest. indirectly, in any matter brought before the Tribunal—
(a) shall disclose the nature of the interest to the Tribunal; and
(5) shall not take part in any deliberations or decisions of the
Tribunal with respect to that matter.

Office of at 11. The office of chairman or member of the Tribunal shall not be
a public a public office for the purposes of Chapter V of the Constitution of
office. Jamaica.


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