Environmental Health Services Act (No. 8 of 1997)

1997 ENVIRONMENTAL HEALTH SERVICES ACTS 61 COMMONWEALTH OF DOMINICA ARRANGEMENT OF SECTIONS SECTION PRELIMINARY 1. Short title. 2. Interpretation. PARTI ADMINISTRAnON 3. Responsibilities of Minister. 4. Delegation by Minister. 5. Establishment of environmental health districts. 6. Establishment of Environmental Health Board and Com mittees. 7. Functions of the Chief Medical Officer and the Chief Environmental Health Officer. 8. Functions of the Department of Environmental Health. 9. Exemptions from liability. PARTII ENVIRONMENTAL HEALTH MATTERS 10. Certificate of approval for certain matters. 11. Prohibitions and obligations in the interest of the environ ment. 12. Notification of emission or discharge, etc. of contaminant or pollutant. 13. Putrid, decayed, etc. matter on vessels. 62 1997 ENVIRONMENTAL HEALTH SERVICES AC'fo PART ill SPECIAL POWERS OF THE CHIEF ENVIRONMENTAL HEALTH OFFICER SECIlON 14. Chief Environmental Health Officer may issue order. 15. Power of entry. 16. Power to compel and execute certain works and recover costs. PART IV PROCEDURE REGARDING APPEALS AND RELATED MATTERS 17. Appeals to Magistrate's Courts. 18. Effect of Court decision. 19. Right to carry on business pending hearing of appeal. PART V OFFENCES, PENALTIES AND PROCEEDINGS 20. Offences. 21. General penalty. 22. Offences by body corporate. 23. Instituting proceedings, etc. 24. Limitation on prosecutions. 25. Liability of employer. 26. References to owner or occupier of premises. 27. Service of notice and documents. 28. Documentary evidence. 29. Onus of compliance. PART VI REGULATIONS 30. Power -to make Regulations. 1997 SECTION ENVIRONMENTAL HEALTH SERVICES ACTS 63 31. By-laws respecting public health. 32. Regulations and By-laws to have effect without publication in special circumstances. PART VII MISCELLANEOUS 33. Protection of trade secrets and other confidential informa tion. 34. Savings. 35. Repeal of the Public Health Act. SCHEDULE 1997 ENVIRONMENTAL HEALTH SERVICES ACTS 65 COMMONWEALTH OF DOMINICA ACT NO.8 OF 1997 I assent C. A SORHAINDO President. 15th October, 1997 AN ACT TO MAKE PROVISION FOR THE CONSERVATION AND MAINTENANCE OF THE ENVIRONMENTIN THE INTEREST OF HEALTH GENERALLY AND IN RELA TION TO PLACES FREQUENTED BY THE PUBLIC. (Gazetted 16th October, 1997) BE IT ENACTED by the Parliament of the Commonwealth of Dominica as follows: PRELIMINARY 1. This Act may be cited as the ENVIRONMENTAL HEALTH SERVICES ACT 1997. Short title. Interpretation. H.EALTH SERVICES 2. (1) In this Act "air" means the unconfined portion of the atmosphere excluding that within any structure or underground space; "animal" means any ruminant, swine, rabbit, poultry, horse, dog, cat, or wild game and includes the carcass or any part thereof; "authorised officer" means any health officer, port officer or other person authorised by the Minister to perform any function for the purposes of this Act; "Board" means the Environmental Health Board established by section 6; "building" includes the curtilage of a building; "ChiefEnvironmental Health Officer" means the person appointed to the office of Chief Environmental Health Officer; "Chief Medical Officer" means the person appointed to the office of Chief Medical Officer; "contaminant or pollutant" means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from the activities of man which may (a) impair the quality of the natural environment by any use that can be made of it; (b) cause injury or damage to property or to plant or animal or animal life; (c) cause harm or material discomfort to any person; (d) adversely affect the health or impair the safety of any person; or (e) render any property or plantor animal life unfit foruse by man; "contamination" means the state resulting from the presence of a contaminant; 1997 ENVIRONMENTAL HEALm SERVICES ACTS 67 "Department" means the Department of Environmental Health; ~ ':.;Iisch~ includes, but is not limited to, any spilling, leaking, ping, POUnding,~~,emptying or dumping of any effluent into the ai(water~.pn land;p "emission" means the act of passing into the aiI,\Va~ibron land a contaminant or gas stream, whether visffire-or invisible; "environment" means the natural, man-made oralteredenvironment ofair, land and water(including the coastal waters ofthe sea); "Environmental Health Officer" means the Chief Environmental Health Officer and any other public officer who is appointed as an Environmental Health Officer; "Environmental Protection Officer" means any public officer who is appointed as an E~vironmental Protection Officer; "factory" means any premises wherein any storage, manufacturing, processing or packing operation or any combination thereof is undertaken; "food" means any article offood ordrink and any article or substance used as an ingredient or cooking medium in the manufacture or preparation thereof; "health officer" means the Chief Medical Officer, Chief Environ mental Health Officer, a Medical Officer, an Environmental Health Officer, an Environmental Protection Officer and any other like person who is required or authorised by the Minis ter to perform any function under this Act; "house" means any dwelling place and the curtilage thereof and includes any building, vessel, tent, van, shed or similar structure used or intended for human habitation; "land" means surface land, land covered by water and all subsoil, or any combination or part thereof; "liquid waste" means lILd-LUi ':>l:.KVlCES (a) sewerageand human body wastes and other organic wastes and waste water from toilets and other recep tacles intended to receive body wastes; (b) drainage from medical premises e.g. hospitals, sick bays,dispensariesvia baths, wash basinsand the like fixtures; (c) drainage from places where animals are held, reared or slaughtered; (d) drainage and waste water fr0I!tQomestic, industrial, commercialandagricultural operationsincludingthe manufactureand storage ofchelnlcals; and (e) any other waste waters; "Medical Officer' means a person appointed to the office of Medical Officer; "Minister" means the Minister responsible for Health; "occupier" means in the case of (a) anypremisesorpartthereqf, apersoninoccupationof or havingthe charge, managementor controlof such premises or part thereof; and (b) a vesselor aircraft, the master or the personin charge thereof; "owner" in relation to any premises, means the personfor the time beingentitledtoreceivethe rent of thepremises.whetheron his own account or as an agent or trustee or who wouldbe so entitled if such premises were let; "pesticide"meansanysubstanceor mixtureof substancesintended for preventing,destroying, repelling or mitigating insects, rodents,nematodes,fungi, weeds or other formsof plantor animal life which are considered pests; "pollution" means the state resulting from the presence of a pollutant; 1997 ENVIRONMENTAL HEALTH SERVICES ACTS 69 "port officer" includes a customs guard, customs officer, an Immi gration Officer or any other port officer who is employed in any capacity at a port in Dominica; "premises" includes land whether open or closed, whether built on ornot, whetherpublic or private, and any house, aircraft, ship, vessel, boat, bulk, barge, tent, caravan, shed or similar struc ture; "public place" includes any building or place to which the public is entitled or permitted to have access whether on payment or otherwise, a park, cemetery, beach, market or market place and any street, highway, road, bridge, wharf, pier,jetty, lane, footway, square, court, alley or passage whether a thorough fare or not; "sell" includes to offer or expose for sale or have anything in one's possession for sale; "solid waste" includes ashes, garbage, refuse, litter and other dis carded solid material resulting from domestic, industrial, commercial and agricultural operations and from community activities, but does not include sewerage; "vehicle" includes carriages, wagons, carts, motor vehicles, bicy cles, tricycles, vans, hand carts, sledges, trucks, barrows and all other machines for the portage of goods or persons; "Village Council" means a Village Council established under the Village Councils Ordinance; Cap. 190. "water" means surface water and underground water or either of them wherever located including natural and artificial drain age courses. (2) In determining for the purposes of this Act and any proceedings thereunder whether anything is a contaminant or pollut ant as defined in subsection (1), regard shall be had not only to the probable effect of that thing itselfbut also to the probable cumulative effect of things of substantially the same composition. 70 1997 L.'I V1RUNMENTAL HEALTH SERVICES PART I ADMINISTRAnON ACT 8 Responsibilities of Minister. Delegation by Minister Establishment of environmental health districts. Establishment of Environmental Health Board and Committees. 3. (1) The Minister is charged with the responsibility of promoting and protecting the public health and providing for and ensuring the conservation and maintenance of the environment. (2) In particular, it is the responsibility of the Minister to regulate, monitor and control the actual and likely contamination or pollution of the environment from any source, ensure compli ant-e in all matters and activities relating thereto and establish minimum standards required for a clean, healthy and aesthetically pleasing environment. 4. (1) The Minister may, in writing, delegate to any Local Authority the power to exercise,carry out and perform within the geographical area of the Authority any of his duties, powers and functions under this Act as he deems advisable and on such terms and conditions as he may prescribe. (2) A Local Authority to which duties, powers and func tions have been delegated by the Minister under this section shall, subject to such terms and conditions as are specified in the delega tion, do all things necessary for the carrying out of those duties, powers and functions. 5. The Minister may establish health or environmental health districts for Dominica and fix the boundaries thereof. 6. (1) There shall be an Environmental Health Board which shall be responsible for advising the Minister on any matterrelating to environmental health. (2) The provisions of the Schedule shall have effect with respect to the constitution and procedure of the Board and other wise in relation thereto. 1997 ENVIRONMENTAL HEALTH SERVICES ACTS 71 (3) Notwithstanding anything contained in this section, the Minister may appoint committees for the purpose of advising him on any specialised area of environmental health. (4) Persons may be appointed to any such committee for a period not exceeding three years, but any person appointed shall be eligible for reappointment. 7. (1) For the purposes of this Act the Chief Medical Officer, and the Chief Environmental Health Officer shall maintain constant consultations with the otherDepartments of GovernmentMinistries, and agencies which are responsible for matters related to environ mental health. (2) In the execution of their functions under this Act, the Chief Environmental Health Officer, the Chief Medical Officer and any health .officer may call upon any police officer to lend such assistance as may be required and the police officer shall not unreasonably refuse. (3) The Minister may, by writing under his hand, delegate to the ChiefMedical Officeror theChiefEnvironmental Health Officer any of his functions under this Act other than the powerunder section 30 to make Regulations. (4) Any delegation while in force shall not prevent the discharge by the Minister of any functions thereby delegated and may be (a) made subject to such conditions, qualifications and exceptions as may be specified; and (b) revoked or varied at any time. 8. (1) The Department shall arrange and carry out all functions which are required for the proper discharge of the responsibilities and functions of the Minister under this Act, and without prejudice to the generality of the foregoing, the Department shall (a) investigate problems and institute preventive and remedial measures in respect of environmental pol Functions of the Chief Medical Officer and the Chief Environ mental Health Officer. Functions of Department of Environmental Health. 72 1997 ENVIRONMENTAL HEALTH SERVICES ACT8 lution, the management and disposal of solid, liq uid and gaseous wastes, food and drinks manage ment, nuisances, rodents, insect pests and general sanitation; (b) conduct research, studies and monitoring pro grammes related to the matters specified in para graph (a); (c) gather, collate, analyse, publish and disseminate information relevant to the foregoing; (d) promote the planning, approval, funding and im plementation of measures designed to ensure the wise and safe use of the environment; (e) provide ways and means for the training of persons involved in environmental health services; (f) undertake and carry out all related surveys, moni toring and investigations and prepare the neces sary reports, plans and programmes; (g) maintain and operate the necessary laboratory, analytical and inspection facilities; (h) provide advice in the field of environmental health and other supportive services to the Ministry and other Government agencies in the Commonwealth of Dominica; (i) implement and administer approved programmes; (j) keep abreast of technological and other advances in the field of environmental health and initiate the updating of legislation, standards and procedures in this connection; (k) advise on, plan, organise and actively pursue the training of all personnel required for the proper administration of this Act; and (l) cause to be submitted to the Minister by the end of May in every year, in such form as the Minister may require, a report of its activities during the twelve months ending on the 31st day of December in the preceding year, and when requested, such other reports as the Minister may require concerning its operations. 9. Anything done by the Minister, the Chief Medical Officer, the Chief Environmental Health Officer, an Environmental Health Officer, an Environmental Protection Officer, or any person acting under the authority of the Minister or the Chief Environmental Health Officer shall not if such a thing was done bona fide for the purpose of executing any of the provisions of this Act or any regulations made thereunder, subject such persons to any action, liability, claim or demand. PART II ENVIRONMENTAL HEALTH MATIERS 10. (1) A person shall not (a) construct, alter, extend or replace any plant, struc ture, equipment, apparatus, mechanism or thing that may emit or discharge, or from which may be emit ted or discharged a contaminant or pollutant into any part of the environment; (b) carry on or alter a process or rate of production with the result that a contaminant or pollutant may be emitted or discharged into any part of the environ ment; or (c) carry on or alter a process or rate of production with the result that the rate, or manner of emission or discharge of a contaminant or pollutant into any part of the environment may be altered, Exemptions from liability. Certificate of approval for certain matters. 74 1997 ENVIRONMENTAL HEALTH SERVICES ACTS unless he has first obtained a certificate of approval issued in accordance with this section by the Chief Environmental Health Officer approving the methods or devices or both to be employed to control or prevent the emission or discharge of any contaminant or pollutant into any part of the environment. (2) The Chief Environmental Health Officer may require an applicant for a certificate of approval under subsection (l) to submit such plans, specifications and other information as may be prescribed and to carry out and report on any tests or experiments relating to the plant, structure, equipment, apparatus, mechanism or thing or to the process, rate of production, methods and devices to be employed to control or prevent the emission or discharge of any contaminant or pollutant into any part of the environment. (3) The Chief Environmental Health Officer shall, upon being satisfied that the methods or devices or both to be used to control or prevent the emission or discharge of any contaminant or pollutant into any part of the environment are adequate to prevent or control such emissions or discharges, grant a certificate of approval or if not so satisfied, shall refuse to grant the certificate. (4) A certificate of approval shall be subject to such conditions as the ChiefEnvironmental Health Officer may impose. (5) The Chief Environmental Health Officer may from time to time vary in such manner as he deems fit the conditions contained in a certificate of approval. (6) Where it appears to the Chief Environmental Health Officer that the holder of a certificate of approval has failed to comply with the conditions subject to which the certificate was granted he may, after giving that person a hearing, revoke the certificate. (7) A person who is dissatisfied with (a) the refusal of the Chief Environmental Health Officer to issue a certificate of approval; 1997 ENVIRONMENTAL HEALTH SERVICES ACTS 75 (b) the terms and conditions attached to a certificate of approval; (c) the variation of any terms and conditions contained in a certificate of approval; or (d) the revocation of a certificate of approval, may appeal to the Minister within fourteen days ofbeing notified of the decision. 11. ( I ) A person shall not create or allow to exist on or emanate from premises which he owns or occupies conditions which are unsanitary or constitute a nuisance or are conducive to the breeding or harbouring of rodents, insects, pests, termites or other vermin. (2) A person shall not dump on or otherwise deposit or leave any refuse in any public place or open space. (3) Every owneror occupier of premises shall keep in a clean condition any open space to the front of his premises which abuts onto a public road. (4) A person shall not keep or otherwise shelter any domes tic or other animal otherwise than as prescribed in the Regulations. (5) A person shall not transport, treat or otherwise dispose of solid and liquid wastes on and from any premises otherwise than in accordance with the Act and Regulations made thereunder. (6) Any trade or business declared offensive by Regulations made hereunder shall not be conducted on any premises. 12. Anyperson who (a) deposits in, adds to, emits or discharges into the envi ronment any contaminant or pollutant; or (b) is the person responsible for a source of a contaminant or pollutant that is deposited in, added to, emitted or discharged into the environment, Prohibitions and obligations in the interest of the environment. Notification of emission or discharge. etc. of contaminant or pollution 76 1997 ENVIRONMENTAL HEALTH SERVICES ACT8 Putrid. decayed. etc. matter on vessels. Chief Environmen tal Health Officer may issue order. in an amount, concentration or level in excess of that prescribed by the Regulations made pursuant to section 30 shall forthwith notify the Chief Environmental Health Officer of the deposit, addition, emission or discharge, as the case may be. 13. (I) Any port officer or health officer who discovers or is notified of putrid, decayed or offensive matter or substance or any contaminant or pollutant on board a vessel in any port shall forthwith notify the Chief Environmental Health Officer of such discovery. (2) In the interest of and for the protection of health the Chief Environmental Health Officer may order the (a) unloading of the cargo of any vessel, and order, direct and regulate the manner in which, and place where such cargo shall be loaded and stored; or (b) destruction of any cargo, or portion thereof, which the Chief Environmental Health Officer considers to be in a putrescent state or is likely to promote the spread of disease or to be otherwise injurious to health. PART III SPECIAL POWERS OF CHIEF ENVIRONMENTAL HEALTH OFFICER 14. (I) When the ChiefEnvironmental Health Officer is of the opinion that a source of contaminant or pollutant is adding to, emitting or discharging into the environment any contaminant or pollutant that constitutes an immediate danger to life or the health of any persons or to pro-perty, he may issue an appropriate order directed to the person responsible for the source of such contami nant or pollutant to discontinue adding to, emitting or discharging such contaminant or pollutant. ACT8 77 HEALTH SERVICES (2) When, in the opinion ofthe ChiefEnvironmental Health Officer it is necessary or advisable to do so, he may, by an order directed to any person, require that person to have on hand and available at all times such equipment and material as the order specifies to alleviate the effect of any contamination or pollution on the environment. (3) A person to whom an order is directed under this section shall comply with that order. 15. (1) The Chief Environmental Health Officer or any person Power of entry. authorised in writing by him or by the Minister, may at any reason able time enter any premises for the purpose of (a) ascertaining whether there is or has been on or in connection with the premises any contravention of the provisions of this Act or any regulations made thereunder and examine the premises and take away samples of any thing by means of or in relation to which he believes any provisions of this Act has been contravened; (b) ascertaining whetherornotcircumstances exist which would authorise or require the ChiefEnvironmental Health Officer to take any action or execute any work under this Act or any regulations made there under; (c) 'taking any action or executing any thing authorised or required to be done under this Act or any regula tions made thereunder; (d) performing any function conferred on the Minister or the Chief Environmental Health Officer under this Actor any regulations made thereunder; or (e) generally examining and inspecting the premises. (2) Any person claiming the right to enter any premises shall produce the document authorising him in that behalf. 78 1997 ENVIRONMENTAL HEALTH SERVICES ACT 8 Power to compel and execute certain works and recover costs. (3) A document purporting to have been signed by the Minister, or Chief Environmental Health Officer, shall be deemed until the contrary is proved, to have been signed by that person. (4) Any officer or person authorised to enterany premises which he has entered pursuant to this section, shall leave the premises as effectually secured against trespassers as he found them. 16. (1) Where it appears to the Minister that for the protection of or in the interest of the public health any works in or on any premises are necessary, the Minister may serve or cause to be served on the owner or occupier of the premises a notice in writing signed by the Minister or by any person authorised by the Minister in that behalfrequiring him to execute the works which the Minister considers necessary. (2) A notice under subsection (1) shall indicate the nature of the works to be executed specify a period of time after the expiration of which the Minister may cause the work to be carried out if it has not previously been executed. (3) A person served with a notice under subsection (1) or any person having an estate or interest in the premises to which the notice relates may at any time before the expiration of the period of time specified in the notice pursuant to the provisions of subsection (2) and in accordance with any rules of court for the time being in force appeal to a judge in chambers against the notice on any of the following grounds: (a) that the notice or requirement is not justified for the protection of or in the interest of public health; (b) that there is some informality, defect or error in or in connection with the notice; (c) that the Minister has refused unreasonably to ap prove the execution of alternative works; 19'J7 ENVll{O~N~'iA.L HEALTH SERVICES ACTS (d) that work required by the notice to be executed are unreasonable in character or extent or are unneces sary; (e) that the time within which works are required by the notice to be executed is not reasonably sufficient for the purpose; and (f) where the work is work for the common benefit of the premises to which the notice relates and other premises, that some other person being the owner or occupier ofthe other premises to be benefited, ought to contribute towards the expenses of executing any works required. (4) Where an appeal under subsection (3) is based on the grounds specified in paragraph (b) thereof, the Judge shall dismiss the appeal if he is satisfied that the informality, defect or error was not a material one. (5) Where the grounds upon which an appeal is brought under subsection (3) include a ground specified in paragraph (f) the appellant shall serve a copy of his notice of appeal on each other person referred to therein and may serve a copy thereofon any person having an estate or interest in the premises to which the notice under subsection (1) relates. (6) On the hearing of an appeal under subsection (3) the Judge may make such order as he thinks fit in respect of the person by whom any work is required to be executed and the contribution to be made by any other person towards the cost ofthe work or as to the proportion in which any expenses which may become recoverable by the Minister under subsection (11) are to be borne by the appellant and such other persons. (7) In exercising his powers under subsection (6) the Judge shall have regard (a) as between an owner and an occupier to the teims and conditions, whether contractual or statutory of the tenancy and to the nature of the work required; and 80 1997 ENVIRONMENTAL HEALTH SERVICES ACTS Appeal to Magistrate's Courts. (b) in any case, to the degree ofbenefitto be derived by the different persons concerned. (8) Where an appeal is brought under subsection (3) the Judge shall give directions for giving effect to his decision includ ing, where appropriate, directions in respect of the notice to which the appeal relates or for varying the tenus of such notice in favour of the appellant. (9) Where the notice to which the appeal relates is varied, or the appeal is dismissed, the Judge may, if he thinks fit, direct that the notice shall not come into force until such date (not being more than twenty-eight days from the determination of the appeal) as he thinks fit. (10) The determination ofan appeal under subsection (3) by a judge in chambers shall be final. (11) If at the expiration of the period specified in the notice under subsection (l) or directed by a judge in the determination of an appeal under subsection (3), the work specified in the notice or as varied by a judge has not been executed, the Minister may cause such work to be carried out and on completion thereof may recover the reasonable costs as a debt due to the State in civil proceedings before a magistrate for the district in which the premises are situated notwithstanding the provision in any enactment of a fmanciallimit to the jurisdiction of a Magistrate's Court. (12) In any proceedings under subsection (11) the validity ofthe notice to which the proceeding relates shall not be questioned on any ground specified in subsection (3). PART IV PROCEDURE REGARDING APPEALS AND RELATED MATIERS 17. (1) Subject to section 16, a person aggrieved by a decision of any functionary who is authorised to act under this Act or any regulations made thereunder may appeal by way of a complaint HEALTH SERVICES against that decision to the Magistrate who has jurisdiction in the district in which the aggrieved person resides. (2) The time within which an appeal under subsection (I) may be brought, shall be twenty-one days from the date on which notice of the decision concerned was given to the person desiring to appeal. (3) In any case where an appeal under this section lies, the document notifying the person concerned 'of the decision of the authority in the matter shall state the right ofappeal to a Magistrate's Court and the time within which the appeal may be brought. (4) The appellant shall within the time specified in subsec tion (2) serve anotice in writing signed by the appellant or his counsel or attorney on the person whose decision is being appealed of his intention to appeal and of the general grounds of appeal; but any person aggrieved by any such decision may upon notice to that person apply to the Magistrate for leave to extend the time within which the notice may be served and the Magistrate upon the hearing of such application may extend the time prescribed by this section. (5) The person whose decision is being appealed shall upon receiving the notice ofappeal, transmit to the Magistrate a copy ofthe decision and all papers relating to the appeal. (6) At the hearing of the appeal the appellant shall, before going into the case, state all grounds of appeal on which he intends to rely and shall not, unless by leave of the Magistrate, go into any matter not raised by the statement. 18. Where, on the hearing of an appeal mentioned in section 17, a court varies or reverses the decision of an authority, it shall be the duty of the authority to give effect to the order of the Court, and, in particular, to grant any necessary licence and to make any necessary entry in any register. 19•. (1) Where a decision ofan authority is appealable under this Act or Regulations made thereunder, and such decision makes it unlawful for a person Effect of Court decision. Right to carry on business pending hearing of appeal. 82 1997 ENVIRONMENTAL HEALTH SERVICES ACTS Offences. (a) to carry on any business which he, or his immediate predecessor in the business was lawfully carrying on at the date when the decision was given; or (b) to use any premises for any purpose for which he, or his immediate predecessor, was lawfully using them at the said date, he may carry on that business and use those premises for that purpose until the time for appealing has expired and, if an appeal is brought, until the appeal is disposed of. (2) The rights given by subsection (1) shall also apply where the decision of a court, in any proceedings in respect of an offence under this Act or Regulations made thereunder, makes it unlawful for a person to carry on a business or use premises for any purpose which he was lawfullycarrying on or so using immediately before such decision was given. PART V OFFENCES, PENALTIES AND PROCEEDINGS 20. (1) Any person who, otherwise than in accordance with this Act and Regulations made thereunder, deposits in, adds to, emits or discharges into the environment any contaminant or pollutant or who permits the deposit, emission or discharge into the environment of any contaminant or pollutant from any source is guilty of an offence. (2) Any person who (a) assaults, resists, obstructs or impedes any author ised officer in the execution of his duties under this Act; or (b) knowingly makes any false or misleading state ment to any authorised officer engaged in carrying out his duties under this Act, 1997 ENVIRONMENTAL HEALTH SERVICES ACTS 83 is guilty of an offence and liable on summary conviction to a fme of five hundred dollars and three months imprisonment. 21. (1) Any person who fails to carry out or contravenes any of General penalty. the provisions of this Act or any regulations made thereunder is guilty of an offence and where there is no specific penalty provided, is liable on summary conviction to a fme often thousand dollars and twelve months imprisonment. (2) In the case of a continuing offence, the offender is liable to a further fine offive hundred dollars for each day that the offence continues after the day of conviction thereof, and in default of payment to three months imprisonment. 22. Where an offence under this Act or Regulations made there under, has been committed by a body corporate and is proved to have been with the consent or connivance of, or to be attributable to any neglect or default on the part of any director, manager;secretary or other similar officer of the body corporate,or any person who purported to act in any such capacity, that director, manager, secre tary or other officer as well as the body corporate is guilty of that offence and is liable to the penalty prescribed by this Act for that offence. 23. (1) The Director of Public Prosecutions shall institute pro ceedings against any person for an offence against and for the recovery ofany fine under this Act OJ;" any regulations made thereun der. (2) A prosecution for an offence under this Act or Regula tions made thereunder, may be instituted, heard, tried or determined by the Magistrate who sits in the district in which the offence was committed or in any place in which the accused is apprehended or happens to be. Offences by body corporate. Instituting proceedings, etc. 24. A prosecution under this Act or Regulations made thereun- Limitationon d prosecutions. ermay be instituted at any time within twelve months from the time 84 1997 ENVIRONMENTAL HEALTH SERVICES ACT 8 Liability of employer. keferences to owner or occupier of premises. Service of notice and documents. Docwnentary evidence. the subject matter of the prosecution arose or the offence was committed, whichever is later. 25. In a prosecution under this Act or Regulations made there under, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused or by a person ostensibly in his employment whether or not he is identified or has been prosecuted for the offence. 26. Whenever in any notice or any proceedings under the provisions of this Act or Regulations made thereunder, it becomes necessary to inention or refer to the owner or occupier of any land or premises, it shall be sufficient to designate him as the "owner" or "occupier" of the premises (naming them) without further name description. 27. Any notice, order or other document made or given under this Act may be served by delivering the same or a true copy thereof either to the person to whom it is addressed or to his usual or last know place of abode or business or, when addressed to the owner or occupier, then to some adult on the premises, or ifthere is no such person, by affixing one copy of the notice to some conspicuous part of the premises and in case of emergency, any such notice if verbally given to the person whom the Act or Regulations made thereunder require to be served or notified, shall be sufficiently given. 28. In any proceedings under this Act or Regulations made thereunder, any document or writing purporting to be signed by the Minister or by an officer acting under this Act is admissible in evidence in a pr-osecution for a violation of the Act or Regulations made thereunder, and is prima facie proof of the statements contained therein, but no such document or writing is receivable in evidence unless the party intending to produce it has before the trial, given to the party against whom it is intended to be produced, reasonable notice of that intention, together with a copy of the 1997 ENVIRONMENTAL HEALTH SERVICES ACTS 85 certificate or writing and the party against whom it is produced may require the attendance or the person signing the same for the purpose of cross-examination. 29. Where any act or thing is by the Act or Regulations made Onus ~f thereunder prohibited or prescribed, the duty of seeing that the compliance. prohibition or prescription is complied with rests upon the person to whom the prohibition or prescription relates, whether owner, occu pier, operator or other person, and in a prosecution under this Act or Regulations made thereunder the burden ofproving that such prohi bition or prescription was complied with rests upon that person. PART VI REGULATIONS 30. (1) The Minister may make Regulations for the proper Power to make execution and carrying out of the purposes and provisions of this Act Regulations. generally and in particular respecting the following matters: (a) the prevention, treatment, mitigation and suppres sion of disease, including the following: (i) the reporting of cases or suspected cases of communicable or notifiable disease; (ii) the supplying of medical aid, accommodation and medicine and other articles or things as may be necessary for preventing, mitigating, controlling or suppressing an epidemic or any communicable or other disease; (iii) the removal, keeping in charge or under sur veillance of persons living in localities which are declared by the Minister to be infected localities; (iv) preventing persons or conveyances passing from any locality to any other locality; 86 1997 1\.1' y lj:\"U,'H\'.i..El'~ lAL HEALTH SERVICES (v) the detention ofpersons orconveyances that have been exposed to infection for inspec tion or disinfection; (vi) the cleansing, purification and disinfection of places and things used by persons suffer ing from a communicable disease; (vii) the establishment of quarantine or isolation hospitals and the placing therein of persons having a communicable disease or any dis ease dangerous to the public health; (viii) the treatment of persons who are infected with communicable disease or disease dan gerous to the public health, including the observation of persons suspected to be so infected and the removal of persons from unhealthy houses or who are living in con gested, or under unhealthy circumstances; (ix) regulating the entry or departure by aircraft, boat or ship to or from places in Dominica and the landing and disinfection of passen gers or cargoes thereon; (x) inspections and house to house visitations by officers as may be necessary for the control, prevention, mitigation or suppres sion of disease; (xi) the compulsory vaccination or inoculation of persons residing in or entering Dominica not already vaccinated or inoculated or not sufficiently protected by previous vaccina tion or inoculation and the supply and qual ity of vaccine mater and serum; (xii) the compulsory examination by clinical and bacteriological or other methods and speci 1997 ENVIRONMENTAL HEALTH SERVICES ACTS 87 fied tests of persons and, if necessary, the compulsory treatment and detention of per sons infected or suspected of being infected with any communicable or notifiable disease or disease dangerous to the public health; (xiii) the closing of schools and places of public assembly or entertainment for the purpose of preventing or controlling the spread of dis ease; (xiv) the location, construction, inspection, control, licensing, operation and maintenance ofnurs ing homes, maternity homes, convalescent homes, private hospitals, homes for children, for the aged or infirm, and homes for physi cally or mentally handicapped persons; (xv) the protection ofthe health of persons exposed to conditions, substances or processes which occur in any industry or occupation and which may be injurious to health; and (xvi) quarantine or other measures to be taken by and in respect of persons suffering or sus pected to be suffering from any communica ble or notifiable disease; . (b) the prevention of the overcrowding ofpremises used for human habitation or business purposes, the amount of floor and air space for each occupant thereof and the lighting and ventilation of such premises; (c) the site, construction, plumbing, sewerage disposal and sanitary conditions of buildings used for human habitation or for business purposes and for the peri odical inspection thereof; ENViRONMENTAL HEALTH SERVICES (d) the location and construction of water closets, cesspools, privies, drains, DOWASCO sewerage systems, sewers and their cleansing; (e) the inspection, cleansing, purifying, ventilating and disinfecting of premises by the owners, occu piers and persons having care and charge thereof; (j) the protection of water from infection and pollu tion, including the following: (i) the inspection and approval of sources of supply and the conditions, if any, on which approval is granted; (ii) the testing and analysis of water; (iii) the construction, alteration, maintenance and the purification of water supplies and water distributing systems; (iv) the supervision and control of any river, stream, spring or part thereofcontributing to a public water supply; (v) the regulation and prohibition of persons bathing, washing clothes, cleaning vehicles, utensils or animals at or in any river, stream or spring or part thereof contributing to a public water supply; (vi) prescribing or limiting the purpose for which water may beused and prescribing or defin ing the manner in which it shall be used and distributed; (vii) VIe disposal of waste water and effluents; (viii) the setting of standards for the hygienic maintenance and use ofpublic sanitary con veniences, .baths, washrooms, launderette, laundries and dry-cleaning establishments; and 1997 ENVIRONMENTAL HEALTH SERVICES ACTS 89 (ix) the removal and disposal of derelict and aban doned vehicles; (g) the matters or conditions which shall be deemed to constitute a nuisance, the prevention, abatement or removal of nuisances and unsanitary conditions on public or private property which are or may become injurious to the public health; (h) the regulation and control of the environmental health aspects of seaports, harbours, marinas and airports; (i) the control and prevention of radiation hazards and the disposal of radioactive or otherwise hazardous wastes; (j) the prevention and control of pollution of the air, including control ofemissions of smoke, gases, dust, particles, fumes or any combination of these, offen sive odours or excessive noise from factories, ves sels, vehicles or any other premises or thing; (k) the prevention and control of contamination of land and the control of the use of land for the deposit of contaminants; (l) the use, regulation and control of beaches and areas of the foreshore both above and below high-water mark, the removal ofsolid wastes therefrom, and the cleaning and keeping clean, of such beaches and areas and generally for the prevention of the presen tation of the same; (m) for the sanitary disposal of refuse and other waste matter, including the (i) fixing of times for collection and removal; (ii) method of removai and disposal; (iii) place of disposal; tlliALfH SERVICES (iv) duties of owners and occupiers of premises in relation to the disposal ofrefuse and waste matter; (n) the licensing of any person, place or institution for the carrying on of any business, occupation or undertaking that is or is made subject to the regu lations, in respect of the matters to which it is so subject, the fixing of the licence fee therefor, the period thereof, and for the cancellation, revocation or suspension of any such licence; (0) the licensing of persons to practice any branch of the healing art not otherwise specifically provided for under any other)aw; (p) the method of the carrying on ofa trade, business or manufacture that may become offensive or that by the regulations is declared to be offensive or that may affect the public health; (q) the keeping of domestic animals, including dogs and poultry, and the places where such animals mayor may not be kept and the control or supervi sion to be exercised bythe owner; (r) the slaughtering or killing of animals and poultry for use as food for human consumption, the manner of slaughter, the construction, conduct, control, cleanliness, maintenance, licensing and inspection of places used therefor, including the enclosures thereto or in connection therewith; (s) the examination of animals and poultry before or after a slaughterand ofmeat thereofand the actions to be taken resulting from such examination; (t) the medical examination and licensing of persons engaged in the slaughter of animals or poultry; 19iJ7 £1'1 ·~·lk(jNMENI'AL HEALTH SERVICES AC'f6 91 (u) the disposal of dead animals, including the imposing on any authority or person the duty of disposal; (v) the control and destruction of rodents, mosquitoes and other insects, termites and other vermin, and for the licensing and control of persons engaged in the business of their destruction; (w) dairies and any premises where any business in relation to the production, sale, delivery or distribu tion of milk is carried on, including the construction, equipping, maintenance, licensing and inspection of such places; (x) the pasteurisation of milk; (y) the inspection and testing of cattle and goats, the milk of which is intended for sale for human con sumption; (z) the measures to be taken for the protection of the public health with respect to the production, prepa ration, manufacture, storage, distribution and sale of food intended for human consumption, including the following: (i) the licensing and inspection of shops, restau rants and other eating establishments, includ ing hotels and all other buildings or premises where any food, cooked or uncooked, is sold or prepared for sale, whether to be consumed on such premises or to be taken therefrom for the purpose of human consumption; (ii) the location, construction, furnishing and equipment, cleanliness and maintenance of any building or premises or other place in which any article of food is manufactured, prepared, handled, stored or sold and, without limiting the generality thereof: )2 1997 ENVIRONMENTAL HEALTH SERVICES ACTS (aa) bakeries, bakeshops and bread shops; (bb) meat and butcher shops; (cc) dairies and milk shops; (dd) grocery and provision shops; (ee) markets; (jf) street vending outlets; (gg) aerated water factories or plants; (hh) ice factories and other places where ice is manufactured; (ii) confectionery and ice cream shops, including places where ice cream is manufactured; (iii) the licensing and inspection of premises where any article of food is manufactured, prepared, packed, handled, stored or sold; (iv) the prohibiting ofsleeping in shops or places where food is manufactured, prepared, kept, stored, or sold for human consumption; (v) the medical examination and registration of persons engaged in the handling of foods; (vi) the regulation ofthe supply and treatment of waterused in any aerated water factory or ice factory or other placeor places in which food is manufactured, processed, prepared, packed, stored or sold; (vii) the labelling and packaging and the offering, exposing and advertising for sale of foods, drugs and cosmetics; HEALTH SERVICES (viii) the sale or condition for sale of any food, drug or cosmetic and the use ofany substance as an ingredient in any food, drug or cosmetic; (ix) the seizure, forfeiture and destruction of any food, drug or cosmetic, the sale of whieh would not be in accordance with, or would be in violation of the Regulations; (x) the standardsof identity, composition, strength, potency, purity, quality or other property of any arscle of food, drug or cosmetic; (xi) the conditions under which foods, drugs or cosmetics may be imported into Dominica, subject to any law relating to customs, excise or revenue; (xii) the exemption of any food, drug or cosmetic from any or all of the/provisions ofthe Act and prescribing the conditions ofthe exemptions; (xiii) the requirement that persons who sell foods, drugs orcosmetics. maintain booksand records as the Minister considers necessary for the proper enforcement and administration of the Act and Regulations made thereunder; (xiv) the powers and duties of inspectors and ana lysts and the taking ofsamples and the seizure, detention, forfeiture and disposal of articles; (xv) the sale of drugs subject to special conditions in the interest of the public health; (00) the inspection, control, licensing, operation and maintenance of ho tels, apartment buildings, boarding houses. lodging houses and other places where accommodation is provided for cash or other consid eration; 94 1997 ENVIRONMENTAL ACT 8 HEALTH SERVICES (bb) the forcible entry into premises to which this Act or the Regulations applies where the owner or oc cupier does not give permission for the inspection and examina tion thereof or where the owner or occupier cannot be located; (cc) the cleanliness, inspection and Ii censing of barbers, beauticians, barbers shops, hairdressing and beauty shops; (tId) the inspection and control of beaches andswimming pools and matters ancillary thereto; (ee) the medical and dental inspection of school children, the removal of children from school and clos ing of schools in the interest of the public health; (jJ) for the internment of the dead, the preparation and transportation of dead bodies, the entry of dead bodies from outside Dominica, the regulation and inspection of undertaking establishments, morgues, crematoria and other places used in connection there with, the licensing thereof, and the management of cemeteries and the conditions upon which new cemeteries may be estab lished; (gg) respecting the performance of postmortems; 1997 ENVIRONMENTAL HEALTH SERVICES ACTS 95 (hh) pest and vector control including rodents, proofing of buildings, pre ventive measures and the use of pesticides; (ii) the forms to be used for the purpose of this Act; and (jj) any other matter which by this Act may be prescribed. (2) The Regulations made under subsection (I) may (a) establish procedures for the issue, variation, suspen sion or revocation oflicences or permits in respect of any activity governed by this Act; (b) specify fees or charges or a system for fixing fees or charges to be paid for any licence, permit, examina tion certificate, service rendered or any other matter under this Act; (c) provide for the recovery of fees or charges payable under paragraph (b); (d) create offences for the contravention or failure to comply with any regulation made under this section which shall be punishable by way of a fme not exceeding one thousand dollars and three months imprisonment and in the case of acontinuing offence the offender may be punishable by way of a further fine of five hundred dollars for each day that the offence continues after the date of conviction; (e) provide appropriateexemptions and specialdefences in respect of any requirements and proceedings under this Act or the Regulations; (f) provide for appeals to a court against any act or decision of any person performed or made under this Act or the Regulations; 96 1997 ENVIRONMENTAL HEALTH SERVICES ACT 8 By-laws respecting public health. Regulations and By-laws to have effect without publication in special circum stances. Protection of trade secrets and other confidential information. (g) provide for the recovery of costs and expenses incurred in carrying out any work done as a conse quence of any default by any person in complying with this Act or the Regulations; (h) provide for compensation for damage or destruc tion of any property in the exercise of any powers conferred by this Act; and (i) provide for their application throughout the State or such part or parts' thereof as may be prescribed by the Minister therein or from time to time. 31. A Local Authority ifotherwise empowered by law to make By-laws respecting matters relating to public health within the geographical area of that Authority, or whenever so authorised by the Minister, may make By-laws, which are not inconsistent with this Act as may be necessary for matters relating to public health. 32. (I) Notwithstanding anything contained in this Act or any other enactment, the publication of regulations or by-laws maybe dispensed with if in theopinion of the person or authority empow ered to make the Regulations or By-laws the time required for the publication in the Official Gazette will be prejudicial to public health by reason ofany epidemic outbreak ofdisease or emergency. (2) Regulations or By-laws made but not published in the circumstances referred to in subsection (1) shall have the immedi ate force of law, but shall be published in the Official Gazette within sevendays and if not published within the stipulated time the Regulations or By-laws shall then cease to have any force or effect. PART VII MISCELLANEOUS 33. (l) Any person who has acquired information in any capacity under this Act or in performing any of his functions or duties under this Act shall not without the express consent of the 1997 ENVIRONMENTAL HEALTH SERVICES ACT 8 97 person from whom that information has been received or acquired, disclose to any person any such information except (a) to an authorised officer or employee of the Depart ment for the purpose ofthe performance ofhis duties or the exercise of his functions under this Act; or (b) when he is lawfully required to make disclosure by a court of competent jurisdiction within Dominica. (2) Where in any proceedings in any court the Court deter mines that the likelihood exists that information relating to or evidence ofany trade secret or secret process or other commercial or financial information concerning the establishing of or maintaining a competitive business position may be disclosed or given the Court shall hear the information or evidence in camera and no record thereof shall be made public and on the final determination of the proceedings any such record shall be destroyed in the presence of and to the satisfaction of the affected party. (3) Any person who contravenes the provisions of subsec tion (I) shall be guilty of an offence and shall be liable on conviction to a fine of fifteen thousand dollars and two years imprisonment. 34. Notwithstanding anything contained in this Act any regula tion made under the Public Health Act, 1968, shall continue in force until such time as new regulations under this Act are made to replace those Regulations. 35. The Public Health Act, 1968 is repealed. Savings. Repeal of the Public Health Act. Act. No. IS of 1968. 98 (Section6). 1997 ENVIRONMENTAL HEALTH SERVICES SCHEDULE ACTS 1. The Environmental Health Board shall consist of five members of whom: (a) one shall be the Chief Environmental Health Officer ex officio; and (b) four shall be appointed by the Minister in his discretion. 2. A member of the Environmental Health Board other than the ChiefEnvironmental Health Officer shall, subject to the provisions of this Schedule, hold office for a period not exceeding three years and shall be eligible for reappointment. 3. The Minister shall appoint one of the members of the Environ mental Health Board to be the Chairman of the Board. 4. The Minister may at any time revoke the appointment of any member of the Environmental Health Board. 5. The Environmental Health Board may regulate its own proce dure . Passed in the House of Assembly this 10th day of October, 1997. ALEX F. PHILLIP (MRS .) Clerk ofthe House ofAssembly (Acting) . DOMINICA Printed by the Government Printer at the Government Printery, Roseau (Price $7.20)