I L.S. I

Short title

lnter-or-etat ion

~ SAINT VINCENT AND THE GRENADINES

ACT NO. J4 OF I 391 DAVID E. JACK Governor-General.

4th July, 1991 I ASSENT

AN ACT to make pr-ovision for the conseyvat ion and maintenance of the environment in the inter-est of health qeneyal ly and in par-ticulaY in r-elation to places frequented by the public.

16th July, 1991

BE IT ENACTED by the Queen's Most Ex,:ellent Majestv. bv the House Grenadines, follows:-

and with the advice and consent of Assembly of Saint Vincent and the

by the author- i tv of the same, as of

and

1. This Act mav be cited 1991.

the Environmental Heal th Services Act,

2.

PART I

(1) In this Ai:t,

"air-" means the unconfined poYtion of the atmosphel'"e e:r.,:ludino th,ttt within any structL1re OY under-ground scace;

"animal" swine, cat or

includes anv rL1minant, rabbit, poultry, horse, d,:,o,

wild qame and the carcass or anv oart of su,:h animal;

"author isE>d of fie er" means any health officer. oort officer or other oerson authorised by the Minister to oerform anv function fo.,.­the ourooses of this Act:

"Board" Health 5;

means Boa.,.-d

the Environmental established bv sE>ction

"buildino" includes the curtilaoe of a buildino:

Act 1977 No. 9

"Chief Envir-onmental Health Officer-" means the oer-son aopointed under­section 8 to the office of Chief Envir-onmental Health Offi~J'?Y!

"Chief Medical Officer-" means the oer-son aooointed tc, the offi,:e of Senior- Medical Officer under section 9 of the Public Health Act, 1977;

"contaminant or- pollutant" means any solid, liquid, qas, odour-, heat, sound, vibr-ation, r-adiation DY

combination ,:;,f any of them result inq dil'"ectly or- indil'"ectly from the activities of man whi,:h may

Ci) •moaiY the quality of the natural envir,:;,nment for any use that can be made of it;

( i i)

Ci i i )

( i V)

(v)

,:ause in.jury or property or animal

damaqe to life;

cause harm or material discomfor-t to anv oerson:

adver-selv affect the health oY imoair- the sefetv of anv oer-son; or-

render anv or animal use bv man:

orooer-tv. olant life unfit for

",:ontaminat ion" Yesultina from contaminant;

means the state the DYesence of a

"Deoartment" means the Public Heal th Department established bv sect i,:,n 10 of the Public Health Act. 1977:

"discharoe" leakina. emittina, effluent land:

includes anv soillinq, pumpina. ooundina.

emptvina oY dumoina of any into the air. wateY or on

Division" means the Environmental Health Divisi,:,n of th·e Public Health Deoartment;

emission" means the act of oassina into the aiY, wateY DY on land a contaminant ,:,y aas stYeam, visible or invisible;

"enviYonment" means the natuYal man-made or- al teyed enviYonment of air. land or­watel' includina the coastal waters of the sea;

"environmental health officer-" means the Chief Medical Offi,:er. the Medi 1:al Officer of Health. a health inspector-. a heal th nuYse. the Chief Envir-onmental Health Officer and anv othel' public offi,:er- wh~ is appointed as an envir-vnmental health officer- or- who is authoyised to ,:ar-r-y out any duties under OI' for- the puyposes of this Act;

means any pr-emises wher-ein any manufactuYing, processina, 01'

c,peYation OI' any combination is undP.rtaken;

"fa,:t,:,yy" stor-aQe, packing ther-eof

"f,:,od" in,:ludas any ai'ticle of food ,:,y dl'ink or any ar-ticle or- substance used as an inc:iredient ,:,r cookino medium in the manufactur-e or- orep~r-ation of food:

"functions" in\:ludes oower-s and duties;

"health officey" means an envir-onmenta.l heal th officer and any other per-son who is reauiyed c,y authoYised by the Minister. to oeYfc,ym the fun,:ti,:,n of a health officer under- this Act:

"house" in,:ludes anv dwellina olace and the curtilaae theYeof and anv buildina. vessel, tent, van, shed or similar structure used or intended for human habitat ion;

"land" means surface land. land coveY~d by water- and all sub-soil. or- anv combination or part thereof;

''liquid waste'' includes -

(a) sewaae and human bodvwastes and

(b)

,::,ther- or-qanic wastes and waste water from toilets and other receptacles intended to r1:-?,:::eive b,:,dv wastE•s:

drainaoe from disoensaries or-emise'c: via

hosoitals, sick bavs. and other med i,:::al

baths. wash basins a11d similar fixtur-8s:

(c) drainaoe are held,

(dJ drainaqe

from places where animals reared, or slauqhtered;

and waste water from domestic, industrial, ,:ommet·cial and aaricultural operations and ,:,oerations includina the manufacture and storaae of chemicals; and

(e) any other waste waters;

"Local Government" means a body established in a,:cordance with or under the Local Government Act, 1951;

"Medi•:al Offi,:er ,::,f Health" means a person appointed to the office of Medical Officer of Health under section 9 of the Public Health Act, 1977;

"Minister" responsible health;

means the for matters

Minister rel at inq to

''Ministry'' means the Ministry of Health;

"occuo ier" means

(a)

(b)

in ,:ir in the

the case of any premises part thereof, a person occupation of or havina ,:harqe, manaqement oY

control of such premises oY

part then?,:d:

in the case of a vessel aircraft. other person

the master in charae:

"owner'' in relatic,n to anv premises. means the person entitled to receive the rent of the premises. whether ,:in his own account or as an aaent or trustee or who would be so entitled if su,~h premises were let;

"pesticide" mi :,;ture ,:,f preventinq, mitiaatina nemat,::.1des, of olant

means any substances

destrovina,

substance intended reoellinq

anv insects. rc,dents, other forms

which are funa i, weeds or or an i ma 1 l i f e

considered pests;

"nollution" means the state resultina from the presence of a oollutant:

"oort officer" includes an offi,::er of Customs, an immiQrat ion off i,:er and anv other officer who is emoloved in anv caoacitv at a port in Saint Vincent and the Grenadines:

"premises" includes land whi~ther ODEm or

clc,sed, whether built on or not. whether public or or ivate, and any hou%o:e, aircraft. ship. vessel, boat. bulk. barqe, tent. caravan. shed or similar structure:

"oublic place" includes anv buildino. park, ,:emeterv, oubl i,: bea,:h. market or market o'lace and anv sb-eet. hiahw~v. road, bridae. wharf. pier, jettv, lane. footway, square, court. ~lley or passaqe whether thc•Youqhfare or not or ~nv pl ~,:e to which the public is entitled or permitted to have access whether ,:,n payment or otheYwise;

"Regulations" me.an Requlat ions made pL1rsucmt to this Act:

"sell" includes to ,:iffer or expose for sale or have in possession for sale;

"sol id waste" includes ashes, aarbaqe, litter and other discarded sc1lid refuse.

material industrial.

resultino commercial

fr,::,m d,::,mest i,:. and aaricultural

operations and from community activities but does not include sewaae:

"vehicle" means any car, tru,:1-::. motorcvcle. bicycle. cart

tra,=tor. or other

ma,:hine or aooaratus ,:,n wheels h,::,wever propelled:

"water" includes surface water and underqround water wherever lcu:ated and natural and artificial drainaqe courses.

(2) In determininQ for the DLtrooses c.f this Act and anv proceedinas thereunder whether anvthino is a contaminant i::ir oollutant a.s d1:=-fined in subsection (1), reaard shall be had not onlv to the probable effect of that thinq itself but also to the orobable cumulative effect of thinas of substantiallv the same ,:omoosition.

Resoonsibilities of the Minister-

Deleqation by Minister-

Establishment of Envir-onmental Hec11l th Boar-d and Committees

Schedule

PART II AdministYation

3. (1) The Minister is charoed with the r-esoonsibilitv of or-omotino and orotectino the oublic health by or-ovidi('lO f,:ir and ensur-ino the conser-vation and maintenance of the envir-onment.

(2) In particular, it is the resoons­ibilitv of the Minister- to r-equlate. monitor- and c,::,ntl'"ol the actual and likely ,:ontaminat ion or pollution c.f the envir-onment from anv sour-ce. ensure ,:,:rmoliance in all mattel'"s and a,:tivities relatino thereto and establish minimum standards required for a clean and he.,;tlthy envir,:,nment.

4. (1) The Minister- may, in writino. to a local authority, power to exercise,

~nd per-for-m within the qeoaraphical lo,:al authority such ,:,f his fun,::tions Act as he thinks advisable, and on

deleqate carry out area of the under- this such but

terms not a

reaul at i,:,ns.

and condition'6 function under'

as he m3y pYes,:r- ibe, section 31 to make

(2) A local authotitv to which functic,ns have been deleaated by the Minister- under- this section sh~ll. subject to such terms and condit-ions as do all thinos

ar-e soecified in such deleqati,:,n, necessar-v for the cayrvina out of

those duties, oowers and functions.

5 (1) Ther-e shall be an Envirc,nmental Health Board which shall be responsible fc,l'" advisina the Minister as to any matter r-elatino to environmental health.

(2) have ef feet· orocedure of thel'"eto.

(3)

The or-ovision$ of the Schedule shall with respect tc, the ceonst i tut ion .and

the Board and otherwise in relation

Notwithstandina anythina contained in this committees soe,:: ial ized

secti,:in. the Minister may aoooint for the purpose of advisino him on any area of environmental health.

(4) A oer-son may be appointed a member ,:if any such committee for a oer- iod neot ex,:eedino three year-s. but anv member so aooointed shall be eliqible for re-appointment.

Establishment of 6. (1) Without prejudice to anvthinq Environmental contained in the Public Health Act. 1977. with Health Division respect to the Public Health Department. there of the Public shall be established an Environmental Health Health Department Division of the Department which shall be under

Functions of EnviYonmental Division

the control of the Chief Environmental Health Offi~er and whi~h division shall perform such functions as are prescribed by this Act.

(2) The Chief Environmental Health Officer shall be the principal technical adviser to the Minister in matters rel~tina to environmental health and subject to the qeneral and soecific directions of the Minister. shall Oe responsible for the administration and enforce­of the Provisions of this Act.

(3) and fun,:t ions mental Health

In pursuance of his responsibilities under this A,:t, the Chief Environ­Officer shall maintain constant

with the other Departments of the with other Government Ministries~

and Agencies which are responsible

consultations Ministry and Depar-tments for matters related to environmental health.

(4) The officers of the Environmental Health Division shall dischar9e functions under this Act as authorised and directed by the Chief Environmental Health Officer.

(5) In the execution of their functions under this Act, the Chief Environmental Health Officer and the officers of the Division may ~all upon any police officer- to lend such assistance as may be required and such pol ice offi,:er shal 1 assist accordinaly.

(6) The Minister mav, by writina under his hand. delegate to the Chief Medical Officer or the Chief Environmental Health Officer any of his functions under- this Act other than a function under section 31 to make Reaulations.

(8) Any delegation while in force shall not pr-event the discharcie by the Minister .of anv functions ther-eby deleaated and mav be made subJect to such conditions. qualifications and except ions as may be sper.: i fied.

7. ( 1) The Division shall arrange and -::arry out all functions which an, required for the proper discharge of the responsibilities and functions of the Minister under this Act, and without s,yejudice to the 9eneralitv of thi, for-egoing, th" Division shal 1 -

(a) investioate problems and institute oreventive and remedial measures in resoect of environmental pollution. the management and disposal of solid. liouid and gaseous wastes. food and drinks manaqement.

)b >

nuisance. rodents. general sanitation;

insect □ests and

conduct monitoring matters in

research. studies and oroarammes related to the

oaraoraph (a):.

(c) aather. collate. analyse, oublish and disseminate information relevant to oaraaraoh Ca):

(d).t promote the olanninq. aoor-oval. fundina and imolementat ion of measures desianed to ensure the wise and safe use of the envir-,::,nment:

(e) provide wavs and means for the trainino of oersons involved in environmental health ser-vices:

(f) undertake and carr-v ,::,ut all related sur-vevs. monitorino and investiaa­tions and pr-eoare the necessar-v reports. plans and proarammes;

(q) maintain and operate the necessarv laborator-y analytical and insoec:tion facilities;

(h) provide advice 1n the field of envir-onmental health and other supportive seY-vices tc, the Ministry and other Government Aqencies in Saint Vincent and the Grenadines:

( i) imolement er oar ammes:

and administer- aooroved

(.j) keep abreast of te,:hnolooi,:a.l and other advances in the field of environmental health and initiate the updatino of lea isl at ion. standards and procedures in this connect ion;

(k) advise on, plan, oroanize and actively pursue the traininq of all oersonnel teQuired for the pr-c,per administration of this Act: and

Appointment of Chief Environ­mental Health Off i,:er and otheY emol oyees

Exemption from liability

Cert if i,:ate of approval for certain matters

(1) cause to be submitted to the MinisteY by the end of Maych in every vear. in such form as the Minister mav reouire, a report of its activities durina the twelve months endino on the 31st day of December in the precedino year. and when reouested. such other reports as the Minister mav reouire concernino its operations.

8. (1) TheY-e shall be aooointed. in the manner authorised by law, for the ourooses of this Act a Chief Environmental Health Officer and such number of environmental health officers as may from istration thereunder.

time to time be required for the admin­of this Act and the Requlations made

(2) Notwithstandino anythino contained in anv other enactment. no Person shall be appointed to the office of Chief Environmental Health Officer or any other office under sub­section (1) unless he holds such qualifications as mav be prescY-ibed by rules made under this section.

9. Nothina done by the Minister. or anv envir,:,nmental health offi,:er or any person actina under the authority of the Minister or the Chief Envin:,nrnental Health Officer shall. if such thine were done bona fide for the puroose of exec:utina anv of the provisions of this Act or anv Requlations made ther-eunder, subject such officer or person to any action, liability claim or demand.

PART II I Environmental Health Matters

10. ( 1 .l No person shal 1

(a) construct, alter, extend or replace any plant, stYucture, eQuipment, apparatus, mechanism or- thina that may emit or discharqe, or fri::im which mav be emitted or dischal'aed a t,:,ntaminant or pollutant into any part of the environment; or

(b) carrv on ,:,.r alter a t>rocess or l'ate of Dl'Oduction with the result that a contaminant or oollutant mav be emitted or discharoed into anv oart of the envi"r"onment: or

(c) caYry on OY alter a □ rocess or- rate of pyoduct ion with the result that the r-ate. OY manner of emission or discharae of a ,::ontaminant ,:,r pollutant into any par-t of the environment may be alter-ed.

unless he appYoval bY the ao□ rovina emoloved dischaYQe anv paYt of

has fiyst obtained issued in accordance Chief Environmental the method ,:ff device

a certificate of with this section

Health Officer OY both. to be

to contr-ol or pyevent the emission or of any contaminant or oollutant into

the enviYonment.

(2) The Chief Environmental Health Officer- ,nay reauire an aopl icant for a certificaie of approval under subsection (1) to submit such Plans. spec::ifications and other information as may be pyescyibed and to carrv out and repor-t on any tests or experiments r-elatino to the olant. structure. eauioment. apparatus, mechanism or thina or to the oro~ess, rate of production, methods and devices to be employed to control or orevent the e~ission of discharoe of any contaminant or pollutant into any part of the enviYonment.

(3) The Chief Environmental Health Officer shall. upon being satisfied that the method or device or both, to be used to control or- prevent the emission or dischayge of any contaminant or oollutant into any par-t of the environment is adeauate to prevent oY ,:ontrol such emission or discharges, Qrant a certificate ,::.f aooroval or if not so satisfied, shal 1 r-efuse to orant the certificate.

(4) A cert i fi.:ate of subject to such conditions EnviYonmental Health Officer mav

aoproval shall be as the Chief

imoose,

(5) The Chief EnviYonmental Health Officer mav. from time to time, var·v in such manner as he thinks fit, the conditions contained in a certificate of aoo~oval.

(6) Where it aopears to the Chief Environmental Health Officer that the holder ,::.f a certificate of appyoval has failed to comply with the conditions subject to which the ,:eYtificate was aranted. he mav. after oivino that person a hearina. revoke the certificate.

Prohibitions and obliaations in the interest of the environment

Notification of emission or discharae etc. of contaminant or pollutant

(7) A oerson who is dissatisfied with

Ca) the refusal of the Chief Envirc,n­mental Health Officer to issue a certificate of approval; or

Cb) the terms and conditions attached to a certificate or approval; or

Cc) the variation of anv terms and ,:onditions contained in a certificate of aooroval: or

Cd) the revocation of a certificate of appr-oval.

may appeal to the Minister within fourteen days of beinq notified of such decision.

11. (1) No person shall create or allow to exist c,n or emanate from premises which he owns or occupies. conditions which are insanitarv or constitute a nuisance or are conducive to the breedinq or harbouring or rodents, insect pests, termites or other vermin.

(2) No person shall otherwise deposit or leave any public place or open space.

dump on. or refuse in anv

(3) shall keep the front public road.

Every owner or occupier of premises in a clean condition any open space to of his oremises which abuts onto a

(4) No person shall keep or otherwise shelter any domestic or other animal otherwise than as pr-escribed.

CS) Food and drink shall be handled in such manner as may be prescribed by Reaulations.

CG) No person shall transport. treat or otherwise dispose of solid and liauid wastes on or from any premises otherwise than in accordance with the Act or with Requlations made thereunder.

12. Ever-y person who

Ca) deposits discharges

in. into

adds to. emits or the environment any

contaminant or pollutant. or

Power to un 1 oad or destroy cargo

Chief Environ­mental Health Officer mav issue order

<b) is resoonsible contamindnt or deoosited in.

for a source pollutant that

added to. emitted discharqed into the environment,

of is oc

in an amount• concentration or level in excess of that pr-escribed shall forthwith notify the Chief Environmental Health Officer of the deposit. addition. emission or discharqe.

who 13. (1) Anv port officer or health officer discovers or is notified of outrid. decayed

offensive matter or substance or anv contami­or pollutant on board a vessel in any po~t

forthwith notify the Chief Environmental

oc nant shall Health Officer of such discovery.

(2) In the inter-est and protection of health the thief Environmental Health Offi,:er may

(a) order any the the oc

the unloadina of the carao of vessel, and direct and reaulate manner in which, and place where carao shall be loaded or stored;

(b) order the destruction of any carao or oort ion there,:,f, which he mav consider to be in a putrescent state or which is likely to promote the spread of disease or to be otherwise in.iurious to health.

PART IV

Si:i_ec ial Powers

14. (1) When the Chief Environmental Health Officer is of the opinion that a source of con­taminant or pollutant is adding lo, emitting OY discharaina into the environment anv contaminant or pollutant that ,:,:institutes, or the amount. concentration or level of which constitutes. an immediate danger to life or the health of anv oerson or to orooertv. he may issue an order directed to the oers,:,n re-soonsible for the source of the contaminant or pollutant tc, abate the public nuisance,

(2) When. in Environmental Health

the opinion of the Chief Officer it is ne,:essarv or

advisable to do so. he mav, by an order directed to any Person, reaui re that oersc,n to have ,::rn .hand and available at all times such eauioment

Power- of entyy

and mateyial as the oYdeY specifies to alleviate the effect of any contamination or oollution on the environment.

(3) A directed under that c,yder.

person to th is se,:t ion

whom shall

ah or-dey is comply with

15. (1) The Chief Medi,::al Offi,:eY, the Chief Environmental Health Officer or- anv person authorised in WYiting by him oy by the Ministey, may at any reasonable time entey any premises foy the purpose ,:,f

(a) ascertaininq whether there ts OY has been c,n or in conne,:t ion with the premises, anv contravention of the pr,:,visi,:,ns of this Act or any Reoulations made thereunder and to examine the premises and take away samples of anythino by means of OY

in relation to which he believes any provision of this Act has been contr-cJ:vened:

(b) ascer-tainino whether or not circum­stan,:es ex.ist which would authoYise or- r-eauire the Chief Medical Officer OY the Chief Environmental Health Officer- to take anv a1.:tion or ex.ecute any wc,r- k under- th is Act OY anv Reaulations made thereunder:

Cc) takinq any action or exec:utina anythinq authorised or" r-e~uired to be done under this Act or any Reaulatians m~de thereunder;

(d) per forminq any function confen•ed ,::,n the Minister or the Chief Medical Offi,:er or the Chief Environmental Health OfficeY under this Act or- anv Requlations made theYeundey; or

(e) aenerallv ex.aminina and inspectinq the premises.

(2) Anv Derson claimino a rioht to entey any inemises shal 1 PYodu,:e the d,:u:ument author' is­in □ him in that behalf.

(3) A document ouroort ina to have been siQned bv the Minister. oY the Chief ~dical Officer or Chief Envir-onmental Health Offi,:ey, shall be deemed until the contrary is oroved, to have been sianed bv that person.

Power to compel and execute certain works and recover costs

Appeal under sect ion 16

(4) Anv officer or pf;'rson who enters anv oremises pursuant to this secti,:,n, shall leave the premis@s a.s effectualtv secured aqainst trespassers as he found them.

16. (1) Where it appears to the Minister that for tt,e protect ion of or in th~ interest of, the public health anv works in or on any oremises are necess.,a.ry, the Minister may serve on the owner or Dccupier of the premises, a not ice in writino siQned bv the Minister or bv ,3.ny oerson authorised bv the Minister in that behalf reouirinq the owner or occuoier t,:, eY.ecute such works as the Minister consider? necessarv.

(2) A notice under subsection (1) shall indicate the nature of the works to be e:-,;ecuted and specify a oeriod of time after thE' e:-,;oir-ati,:,n of which the Minister may cause the work to be carried out if it has not oreviouslv been executed.

PAF."T V Procedure Reqardinq Aooeals and Related Matters

17. (1) A persc,n served with a notice under subsection (1) of section 16 or any oers,:,n havinQ an estate or interest in the premises to which the notice relates may at anv time before the expiration of the period of time specified in the notice oursuant to the Provisions of subsection (2) of that section and in accordance with rules of ,:ourt. aooeal t,:, a Judae in Chambers aaainst the notice on the Qround -

(a) that the nQtice or reauirement is not Justified for the orotection of or in the interest of the public health; or

(b) that there is s,:,me informality,

( C )

defect or error in or in connection with the notice, or

that the unYeasonably

Minister to

has refused aoorove the

execution of alternative works; c,r

(d) that works reauired bv the noti,:e to be eY.ecuted are unreasc,nable in chaYacter or extent or are unne,:es sary; or

<e)

( f)

(Q)

(4) is based (b). the satisfied

that the time within which the works are required by the notice to be executed is not r-easonablv sufficient for the puYoose; or

that the notice might lawfully have been ser-ved on the occup iel'" of the premises to which it relates instead of the owner, or on the owner-instead of the occupier. and it should have been so served: c,r

where the work is for the common benefit ,:,f the premises to whi,:h the notice relates and other oremises. that the owner oY o,:,:uoier- of the other oremises to be benefitted. ouaht to contribute t,:,war-ds the exoenses of executino anv works reouired.

Where an aooeal under subsection (3) on the oround spe,:ified in par-aaraoh Judae shall dismiss the aooeal if he is that the infoymalitv. defect OY eyy,:,y

is not a mateY ial one.

(5) Wher-e the arounds upon which an aopeal is brouaht under subsection (3) include a around specified in paraaraoh (f) or (a) of that subsection the aooellant shall serve a coov of his notice of aopeal on each other Person referred to therein and mav serve a coov thereof on any person havinq an estate or interest in the premises t,:, which the notice undeY subsection (1)

relates.

(6) subsection he thinks

On the hearina of an appeal under the JudQe may make such order as

in respect of the person by whom (3).

fit any work is contribution towards the orooortion recoverable are to be

required to be e~ecuted and the to be made by any other Person cost of the WOYk or as to the

in which anv expenses which mav become by the Minister- under subsection (11) borne by the appellant and the otheY

peysons.

(7) In exeycising his power-s undeY subsection (6) the Judge shall have regard

Ca) as between an owneY and an occupier to the teyms and conditic,ns. whether contractual or statutory of the tenancy and to the natur-e of the work reQuired; and

Aooeals to Maaistrate's Courts

(b) in any case. to the deoree of benefit to be derived by the different persons concerned.

(8) Where an appeal is br,:,uoht under subsection (3) the Judoe shall oive directions f,:,r oivina effect to his decision includina. where aoorooriate. directions for auestionina the notice to which the appeal relates or for varvina the terms of the not ice in favour of the appellant.

(9) Where the notice to which the appeal relates is varied. or the appeal is dismissed. the Judae mav direct that the notice shall not come into for-,:e until such date (not beino more than twenty eioht davs from the determination of the aooeal) as he thinks fit.

.c 10) The subsection (3) final.

determination of an appeal under by a Judoe in Chambers shall be

(11) If at the expiYation of the peYiod specified in the notice under subsection (1) or diYected by a Judae in the determination of an appeal under subsection (3). the work specified in the notice or as varied by a Judae has not been executed. the Minister may cause the work to be carried out and on completion theYeof may recover the reasonable costs as a debt due to the Crown in civil oroceedinas before a Maoistrate for the district in which the oremises aye situated notwithstandino the orovision in any enactment of a financial limit to the jurisdiction of a Maqistrate.

( 12) [n any (11) the validity pr,:,ceedinas relate any around specified

proceedings under subsection of the notice to which the shall not be questioned on in subsect ic,n (3).

18, (1) Subject to section 17, a peYson aqqrieved by a decision of- any functionary who is authorised t,:, act under this Act or any ReQul at ions made theYeunder may appeal. by way of a complaint. aqainst that dee ision. to the maoistrate who has jurisdiction in the district in which the aaarieved oerson resides.

( t ) the

(2)

may be date

concerned

An aooeal memtic,ned in subsection brouaht within twenty-one daYs from

eon which not ice of the dee isi,:m v,,-=;.s aiven t,:, the oersi:m desirina to

Effect of court dee is ion

Riaht to ,:ar-r-v on business pend inq hear- infJ of appei\l

appeal and for the purooses of this subsection. the applieatior, T, the ,:om=ilaint shall be deemed to be the brinaina of the appeal.

(3) I!, any case where an aopea.1. Ltnder this section lies, the document notifyin', the oers,:,n ,:on,:er ned of the dee is ion ,~ 1 the functionarv in the matter shall state t,1e riaht of a□□ eal tc, a Maaistrate's Cour-t and the time within which the ao □ eal may be brouaht.

(4) The aPPF'llant shall within the time soec if ied wr-itina attorney a□□ ealed

in subsec'tion (2'>, sianed bv the appellant

on the □ er son whose of his intention to

serve a notice in or- his counsel or­dee is ion is beina appeal and of the

qeneral ar-c,unds of appeal.

(5) Anv person aaar- ieved by any such decision may, upon nc,tiee to that person, a□□ lv

to the Maaistrate for leave to extend the time within which the notice mav be ser-ved and the Maaistr-ab':? u□ on the hearina of the aoolic., .. 'l.tion mav e',:tend the time or-es,:l'ibed by this section.

(6) The per-son whose dee is ion is beinq appealed shal 1 upon recei vinq the not ice of appeal, transmit to thf? MaqistYat•.:? a copy of the decision and all □ a □ el's relatino to the appeal.

(7) At the hear ino of the appeal the appellant shall. befor-e qoinq into the case. st<:.>.te all grounds of appeal on whi•:h he intend•; to yply and shall not, unless by leave of the Maqistl'ate, qo into any matter-snot raised by the statement.

1"3. Wher-e, an aooeal mentioned in sect ion 18. a cour-t var- ies or revel'ses the dee is ion of an authot·itv. it shall be the dutv of tha ,2.uthoritv to aive effect to the or-der- of the court. and. in oarticulal', to □ l'ant anv necessal'v licen, e and to make any neeessi':\YV entr-v in anv l'"e □ istel'.

20. ( 1) Wher-e a decision ,:,f an auth,~,r i tv is appeal able under this Act 01' the Reaulations and the de,:ision makes it unla.,,ful for a per-,-;on

(a) to car-rv on anv business whi, .. h he, ,:,r- his imm,c,diatt? or-edecessor- in thi-~ business was lawfully car-l'vinq on at the datr~ ....,hen the dee isi•~•11 •..Ja<c;

oiven. OI'

Of fen,:es

General oenalty

he mav premises

(b) to use any premises for any cur~ose for ~hich he. or such oredeces~or. was lawfully usino them at that date.

carry on that business and use tttose foy that ouroose until the time foy

appealino has expired and. if an appeal is brouoht. until the appeal is disposed »f OY

struck out foy want of crosecution.

(2) The riohts oiven bv subsection <1) shall apply also where the decision of a covrt. in anv oroceedinos in respect of an offence under this Act oY the Reoulations. makes it unlawful for a premises lawfully premises oiven.

person to carry on a business or use for any purpose for which he was carrying on business or so u9ing immediately before the decision was

PART VI Offences, Penalties and Proceedings

21. ( 1) Any person wh,:::., otherwise than in accordance with this Act and the Reoulations, deo,::isits in. adds to. emits or dischar-oes into the environment anv contaminant or pollutant or wh,:, oer-mits the depo<;;it. emission or dis,:haroe into the environment of any contaminant or oollutant frc,m anv source commits an offence.

(2) Anv person who

commits an conviction dollars DY

(a) assaults. resists. obstructs or impedes anY authorised officer in the exe,:ution of his duties under this Act. or

(bl knowinc;ly misleadino authorised carryino this Act.

makes any false or statement to any officer enqaqed in

out his duties under

offence and is liable on summary to a fine not exceedinq five hundred

to imorisonment for a term not months or to both such fine and eY>ceedino six

imorisonment~

22. < I)

contravenes any anv Reoulations

Anv oerson who fails to cayrv out or of the orovisions of this Act or

made thereunder commits an where there is no specific oenaltv offence and

Dffenc•• by body corporate

Institutinci oroceedinos etc.

Limitation on oro::isecut ions

Liability of emoloyer

provided. is liable on summar-y conviction to a fine not exceedina five thousand dollars or to imprisonment for a term not exceedinci twelve months or to both such fine and impr-isonment, and in the case of a second or subseauent offence, to a fine not ex,:eedinQ ten thousand dollars ,:,r to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

(2) In the case of a continuina offence, the offender is liable to a further fine not exceedina five hundred dollars for each day that the offence contir,ues after the day ,:,f ,:onvi,:tion thereof, and in default of paymet1t to imprisonment for a period n,:it ex,:eedinci six months.

23. Where an offence under this Act or the Reciulatioris is cs::immitted bv a body i:oroorate and is proved to have been with the cc,nsent or connivance of. or to be attributable tc, any nealect or default on the oart of anv diY-ector. manaaer. se,:retary or other similar officer of the body coroorate. or any person who was ourPortino to act in anv su.:t, ,:apa,:itv. such director. manaoer. secretary or other officer as well as the body corporate is ouilty of that offence and is liable to the Penalty prescribed by this Act fr.or that offence.

24. (1) The institute shall

for an offence anv fine under thereunder.

Director of Public Prosecutions proceedinos aoainst any person

committed and for the recovery of this Act or anv Reoulations made

(2) A prosecution for an offence under this Act or the Reoulations may be instituted, heard. tried or determined bv the Maaistrate in whose district the offence was committed or in any olace in whi~h the accused is aoorehended or happens to be.

25. A prosec~tion under this Act or the Reoulations mav be instituted at any time within twelve months from the time the sub.iect matter of the prosecution arose or the of fence ...,as committed, whichev~r is later.

26, In a pro-=secut ion under this Act or the Requlations, it is sufficient proof of the offence to establish that it was committed by an employee or aoent of the accused or by a person ostensibly in his employment whether or not he is identified or has been prosecuted for the of fence.

Refer-ences to the owner- or­occuoier- of oremises

27. Whenever- in· any noti,:e or- any pr,:,,:eedinqs under- the pr-ovisions of this Act or- the Requla-ti,:.ns, it becomes ne,:essar-v to mention or- r-efer­

owner- or- occuoier- of anv lands or­it shall be sufficient to desianate him

to the pr-emises, as the "owner" ",:11:cu □ ieY-" of the specified oremises with,:,ut further name ,:,r- descr-iotion.

Service of notice 28. Any notice, order or other document made and documents Or" aiven under this Act mav be ser-ved by

deliverinq the same or a true copy theY-eof either­to the person to whom it is addressed or- to his usual or- last known place of abode c:' business or, when addr-essed to the ,:,wner- oY ,: .. :cupiey, then to some adult on the premises. or if ther-e is not such Per-son, th~n by affixina one coov of the notice to some consoicuous □art ,:-,f the oremises and in case of emerQen,:v. any such not ice if verballv aiven to the person whom the Act or- the Reaulations require to be ser-ved or- notified, shall be sufficiently aiven.

Documentary 2'3. In any or-oceedinas under- this Act or-evidence the Reaul at ions, any document or wr- it in □

ourportina to be sianed by the Minister or- bv an officer actina under this Act, is admissible in evidence in a or-c,secution for a violation of the Act or the Reaulatibns and is pr-ima facie or-oof of the statements contained ther-e1n; but no su,:h document or- wr-itina is receivable in evidence unless the par-ty intendino to pr-odu.:e it has before the trial, given to the party aoainst whom it is intended to be pr-,:.du,:ed, r-easonable n,:::,t i,:e of such intention. toqether with a coov of the ,:ertifi,:ate ,:,r wr-itinq and the par-ty aqainst whom it is produced may require the attendance of the person sioninq the same for- the pur-pose of cr-oss­examination.

Onus of compliance

30. Where anv act or- thina is by the A,:t oY

the Reoulations or-ohibited c,r or-escribed, the dutv of seeina that su,:h or-ohibiti,:,n or­orescriotion is cc,mol ied with rests uoon the oer-son to whom the oroh ib it ion ,:,r or-escr- iot ion r-elates. whether- owner-. occupier-. ,:ioeratoY or other oerson. and in any or-osecuti,:,n under- this Act or- the Reoulations the burden of or-ovina that su,:h with,

or-ohibition ,:,y pyes,:r- iot ion r-ests upon such oerson.

1->JtlS comol ied

Power to make requlations

31. (1)

PART VI I Miscellaneous

The Minister. may make Rules and Requlat ions for the prooer e:,,;e,:ut ion and ,:arrvino out of the provisions of this Act aenerallv and in particular mav make reoul at ions resoect ina the followin □ matters -

(a) anvthin □ which mav be prescribed;

(b) the pr,:::,tect ion ,Jf water from infection and pollution by

( i) the inspect ion and approval of sources of supply and the

(ii)

( i i i )

C:v)

(Vi )

<vii)

conditions, su,:h approval

the testino water;

if anv. on which is aranted:

and analysis of

ensur ina the prooer ,:on­stru,:tion, alteration. main­tenan,:::e and the purificati,:,n of water supplies and water distributina systems;

ensurinq the non-pollution of any river, stream, sprinq or part thereof contributin □ to a public water supply ;

the reaulation and prohibit-ion of persons bathinq, washinq clothes. cleaninq vehicles, utensils or animals at or in any river or stream or spr inq or part thro:"reof contributinq w,3.ter supply;

to

the disposal c,f and effluents:

a public

waste water

t.he sett i na the~ hva ien i,:

of standards for m,~intenan,:e and

use of Public s2.1nitarv baths.

launde>rmats. drv--o:lP.a.nino

,:onven ienc>?, washrooms, 1 aundr ies ,._~nd establishments:

rvtiil the removal Jnd di SDOSd.l ,:, f aba.ndoned der"e1ict <=<nd

veh i,: 1 es:

(c) the matters or conditions which shall be deemed to constitute a nuisance, the prev~ntion, abatement OY Yemoval of nuisances and insanitayy conditions on public or private pyopeYty which are or may become injuYious to the public health;

(d)

(e)

the Yequlation environmental

and health

seaports. a irpoyts;

harbOUYS.

control of the asoe,:ts of

marinas and

the control and radiation hazayds of radioactive hazaydous wastes;

pyevent ion of and the disposal

or otheYwise

( f) the pyevent ion and control of pollution of the air, includinq control of emissions of smoke. qases, dust, oaYticles. fumes or any combination of these, offensive odouYs or excessive noise from factories. vessels. vehicles oY anv other premises oY thino;

(q) and contyol land and

from the

the orevention contamination of control of the use of land for the dep,:isit of contaminants;

(h) subject to the Constitution, the use, regulation, and control of beaches and areas of the foreshore both above and below hiqhwateY maYk, the Yemoval of solid wastes therefrom, and the cleaninq and keepinq clean, of such beaches and areas and oenerally for the protection of the amenities of the same:

(i) the sanitarv disposal of refuse and ,:,they waste matter, in,:ludinq

(i) the fixina of times for colle,:tion and Yemoval:

(ii) the method of removal and d isp,:,sal:

(j)

(j )

(iii) the place of disposal;

(iv) the duties of owners and occupiers of oremises in relation to the disoosal of refuse and waste matter:

the licensinq institution for

of a pers,:on. pla,:e or the carrvina on of

anv business, o,:cuoat i•:,n or undertakinq that is or is made sub.ject to the regulations, in respect of the matters to which it is so sub.ject. the fixina of the licence fee therefor. the oer iod ther-eof, and the cancellation. revocation or susoension of anv such licence;

pest and vector control rodent or,:,ofinq preventive measures pesticides; and

of and

includino buildinqs,

use of

(k) the forms to be used for the purposes of this Act.

(2) The secti,:,n (1) mav

reawlat ions made under sub-

(a) establish procedures for the issue,

(b)

variati,:,n. suspension or­of licences or permits in any activitv contemplated Act;

revocat ic,n resoect of

by this

specify fees for fixing paid for examination rendered or which a fee Act;

or charQes or a system fees or charQes to be any licence. per-mit.

certificate, service any other matter foy­

i-s ,:hargeable under this

(c) provide for the recovery of fees or charqes payable under- paraqraph (b);

(d) stipulate penalties for the ,:ontravention ,:,y- failure to comply with any Y-equlation made under this section:

By-Laws respect­ing public health

(e) provide appropriate exemptions and special defences in respect of any reauirements and proceedinos under this A,:t or any reaulations made hereunder:

( f) provide aaainst

for appeals to a court any act or decision of any

oerson performed reoulations;

QC made under

(a) provide for the recc,very of exoenses incurred in carryina out any work done as a consequence of any default by any person in complyina with this Act or the requlations;

(h) provide for compensation for damaae or destruct ion of any property in the exercise of anv oowers conferred by this Act: and

(i) orovide for their apol ication throuqhout Saint Vincent and the Grenadines or such part thereof as may be prescribed by the Minister from time to time.

(3) Notwithstandina the provisions ,:,f section 25 of the Interpretation act. reoulations made under this sectiQn may impose a oenaltv Qf a fine not exceedino five thousand dollars or impr hionmE:?nt for a term n,:,t excee?dina twelve months and in the case of a continuina offence a further fine not exceedina one thousand dollars for each dav that such offence continues.

32. (1) A Local Authority if otheYwise empowered by law to make by-laws resoectino matters Yelatinq tQ public health within the qeoqraphical area of such municipality, or whenever so authorised by the Minister, may make such by-laws. not inconsistent with this Act or the Regulations as may be ne,:essayy for matters relatino to envirc,nmental health in its municipality.

(2) Bv-laws made under subsection (1) shall have the effect of law when aooYoved by the Cabinet and· published in the Gazette,

Bv-laws to have effect with -oubl icat ion in soec i al :iYcumstances

PYotect ion of tYade secYets and othey confidential infoymat ion

33. (1) Notwithstandino anvthina contained in this Act oY anv otheY enactment. the publica­tion oY yeoulations OY bv-laws mav be dispensed with if in the opinion of the pe~son OY authoYitv empoweyed to make such bv-laws the time YeouiYed for the publication in the Gazette will be preJudicial to public health bv reason of anv epidemic outbYeak of disease oY emeygency.

(2) By-laws made but not published in the ciycumstances yeferred to in sub-section (1)

shall have the immediate force of law. but shall be published in the Gazette as soon as practicable thereafter and is not oubl ished within two months after the makina theYeof. such bv-laws shal 1 then ,:ease to have any foyce OY

effect.

34. (1) ation in perfoymino this Act the oeYson

No person who has acquiYed inform­anv caoac i ty under" th is Act Or" in

anv of his functions or duties undeY shall. without the express consent of

from whom that information has been yeceived oY acoui~ed. disclose to anv person anv such information except

(a) to an authorised officer OY employee of the Department foy the purpose of the oeyformance of his duties oY the exercise of his functions under this Act; ,:,r

(b) when he is lawfully required to make disclosure bv a couYt of competent Juyisdiction within Saint Vincent and the Grenadines.

(2) Where in any pYoceedinQs in any CouYt the Couyt determines that the likelihood exists that infoYmation Yelatino t"o oY evidence of any tyad& secrets or secYet pyocess OY other commeycial oY fihancial information concerninQ the establishina of OY maintainina a competitive business position may be disclosed OY aiven~ the CouYt shall heaY such infoYmation OY evidence in camera and no Yecord theyeof shall be made public until the final deteYmination of the proceedinos. includino ai:,v aot:,eal whereupon any such YecoYd shall be destYoYed in the pyesence of and to the satisfaction of the affected party.

(3) Everv peyson who contravenes the provisions of subsection (1) of this section commits an offence aoainst this Act and shall be

Expenses

Crown

Constitutions of Board

liable on conviction to a fift~en thousand dollars imprisonment not exceedina such fine and imprisonment.

fine not exceedina ,:,r to a term of

two years or to both

35. Anv exoenses incurred in the adminis­tration of this Act shall be defrayed out of monevs voted for the purpose by Parliament.

36. This Act binds the Crown.

SCHEDULE (Section 5(2))

1. The Board shall ,:onsist of seven meml:lers of whom

(a) two membeYs shal 1 be

(i) the and

Chief Medical Officey;

(ii) the Chief Envirc,nmental OfficeY.

whD shall be ex-officio members;

(b) five members shall be appointed by instYument in writinq by the Minister in his discYetion.

(2) The Chief Environmental Officer shall be the chief executive officer of the Board but shall be subject to the directions of the Chief Medical Officer.

Tenure of office 2. The member of the Board acoointed bv the

Chairman

Vice-Chairman

Actina Chairman

Minister shall. subject to the provisions of the Schsdule. hold office for a oeriod of one vear and shall be eliaible for re-aocointment for a fur-ther term.

3. The Chief Medical Dff.icer shall be the Chairman of the Board.

4. The Chief Environmental Officer shall be the Vice-Chairman of the Board.

5. If the chairman or vice-chairman of the Board is Prevented bv illness ,;:.r other cause fr-om ore9idinQ at anv meetina. the members shall choose a chairman to act on his behalf from amono the members oresent-

Revo,:at ion of aooointment

Gaiett inq of aopointment

Pri::,,:edure at Meetinas

Fillina of vao::anc ies

Tefllpc,rarv Member

Rules as to me~tinas

6. The Minister mav at any time revoke the aooointment of anv member of the Board.

7. The names of the members first aopointed and everv subseauent aooointment to the Board shal 1 be n,:,t if ied in the Gazette.

B. The auarum of the &oard shall be four.

9. The Chair-man or in the absence or inabil itv to act of the chairman. the vice-chairman shall Preside at the meetinqs of the Board and ~hen so presidin~, shall have an oriqinal dnd cdstioq vdte.

10. The Minister shall as soon as possible, fill any vacancy arisinq on the Board, but the Boayd shall continue to exercise its Powers as lonq as there remain on the Board at least four members.

11. If any orevented

member of bv absence

the or

Board is at anv other cause from time

actina as a member. the Minister mav aoooint some other person in his olace until he returns or is able to yesume his functions.

12. The Minister mav m~ke rules as to convenina and holdinq of meetlnas of the Board, the oyocedure the..-eat and th8l circumstances in which anv membeY shall vacate hi$ membership.

Passed in the House of Assembly this 3rd day of June, 1991

J. THERESA ADAMS Oerk of the House of Assembly