Solid Waste Management (Validation) Act 2006 (No. 1 of 2006)

SOLID WASTE MANAGEMENT (VALIDATION) N. J. 0 LIVERPOOL President AN ACT TO VALIDATE THE OPERATION OF THE SOLID WASTE MANAGEMENT ACT 2002 AND TO PROVIDE FOR MATTERS INCIDENTAL THERETO. Be it enacted by the Parliament of the Commonwealth of Dominica as follows: SOLID WASTE MANAGEMENT (VALIDATION) ACT, 2006 Interpretation. (No. \ of 2002). Act deemed to have come into force on 3\" January 2002. Amendment of section 47 of the Act. Amendment of section 49 of the Act. SOLID WASTE MANAGEMENT (VALIDATION) 2. In this Act "the Act" means the Solid Waste Management Act, 2002. 3. Notwithstanding anything in section 56 of the Act, the Act shall be deemed to have come into force on 31 st January 2002 and accordingly any act done by any person or authority or any levy collected in pursuance of the Act from 31 stJanuary 2002 up to the date this Act comes into force shall not be deemed invalid for the reason that the Act was not brought into force as provided for in section 56 of the Act. 4. The Act is amended in section 47 (0) by renumbering that section as subsection (1) of that section. (b) by deleting in paragraph (n) the word "and"; (c) by deleting in paragraph (0) the words "facilities." and substituting the words "facilities; and"; and (d) inserting the following after paragraph (0) "(P) prescribing fees for collection of garbage from residential and commercial premises." (e) by inserting the following as subsection (2). "(2) A person who fails to pay the prescribed fees under regulations made under subsection (1) commits an offence and is liable on summary conviction to a fme of two thousand dollars." S. The Act is amended in section 49 by deleting the words "Schedule 1and 6" and substituting the words "Schedule 1,6 and 7". SOLID WASTE MANAGEMENT (VALIDATION) 6. The Act is amended by inserting after section 51 the following new section. Environmental " 51A. (l) An environmental surcharge is Surcharge. hereby imposed on goods imported into Dominica falling under Tariff Heading set out under Column I, described in the corresponding entry in Column II, at such rates set out in the corresponding entry in column III of Schedule 7. (2) The surcharge imposed by subsec tion (1) shall be paid by the importer to the Comp troller of Customs on importation of the goods as if it is duty under the Customs (Control and Management) Act and shall be paid by the manu facturer to the Comptroller on or before the tenth day of the month following the month in which the goods are sold and so on. (3) For the purpose of Schedule 7 the age of motor vehicle shall be computed from the last day of the year of manufacture. (4) The Minister may by Order subject to Negative Resolution of Parliament amend Schedule 7." 7. The Act is amended by inserting the following Schedule after Schedule 6 " SCHEDULE 7 Column I Column II Column III Tariff Heading Description of goods Rates 40.12 Tyres (used) $10.00 per unit 84:18 Refrigerators and Freezers (used) $ 20.00 per unit Insertion of new section 5IA in the Act. Insertion of schedule 7 in the Act. 4 2006 SOLID WASTE MANAGEMENT ACT 1 (VALIDATION) 85.Q7 Electric accumulators (batteries) $10.00 per unit 87:01 to motor vehicles manufactured 87:05 five years or more $3000.00 per unit 87:01 to motor vehicle manufactured 1.0%ofcif 87:05 less than five years value 2710-11-30 motor spirit (gasoline) $0. 12per imperial Gallon 2710-11-90 exported under the processing $0.t2per agreement imperial Gallon Empty containers made of any materials, including but not limited to plastics, glass, metal, pasteboard cardboard or wood agreement 1.5%ofcif value Goods in containers and or packages made of any materials including but not limited to plastics, glass, metal pasteboard, cardboard, or wood 1.5.%ofcif value 1.0%ofcif value The above shall not apply to the goods set out below whether imported into Dominica in containers or otherwise: (a) milk, sugar, rice, flour or pharmaceuticals; '(b) raw materials and packing materials imported for use in the manufacture of goods by locally registered manufacturers; SOLID WASTE MANAGEMENT (VALIDATION) (c) raw materials and packing materials imported for use in the Agricultural industry; (d) raw materials and packaging materials for purposes of the manufacture of goods for export; (e) goods temporarily imported to be re- exported in the same form and packing inwhich they were imported. Section 6 and 7 shall come into force on March 1,2006. ALEX F. PHILLIP (MRS.) Clerk of the House of Assembly DOMINICA Printed by the Government Printer at the Government Printery, Roseau (Price $1.00)