National Solid Waste Management (Public Cleanliness) Regulations, 2003

,'v'.4T!OXAL SOLID rf:4S7F ,\UVA<iD!FX7 THE NATIONAL SOLID WASTE MANAGEMENT ACT REGl lLATIONS (under section 53) The National Solid Waste Management (Public Cleanliness) Regulations. 2003 [The inclusion of this page is authorized by L.N. 33N2005] l er., NATIONAL SOLID WASTE MANAGEMENT THE NATIONAL SOLID WASTE MANAGEMENT ACT REGULATIONS (under section 53) THE NATIONAL SOLID WASTE MANAGEMENT {PUBLIC CLEANLINESS) REGULATIONS, 2003 (Made by the Minister on the 21st day of July, 2003) l. These Regulations may be cited as the National Solid Waste Management (Public Cleanliness) Regulations, 2003. 2. A notice offering the discharge of any liability to conviction of an offence to which section 53(2) of the Act applies by payment of a fixed penalty (hereinafter referred to as a "fixed penalty notice") shall be in the form set out as Form I in the First Schedule. 3.-(1) An authorized officer may, pursuant to section 53 of the Act, require any person served with a fixed penalty notice to state his name and address and produce proof of identity for inspection. (2) A person who fails to comply with a requirement made under paragraph (I) commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars. (3) An authorized officer may arrest a person who, without reasonable excuse, fails to comply with a requirement made under paragraph (1) and forthwith take the person before a police officer or to the nearest police station. (4) Where a fixed penalty notice is served on any person, the Authority may, at any time before the commencement of proceedings against that person in respect of the offence specified in the notice and, whether or not an order has been applied for but before such order has been made, withdraw the notice. 4. A certificate under section 53(5) of the Act that payment of a fixed penalty was or was not made to the Authority or to a body designated under section 53(4) of the Act by a date specified in the certificate shall be in the 3 L.N. 89A/2003 First Schedule. Fonn l. form set out as Form 2 in the First Schedule. Form 2. (The inclusion of this page is authorized by L.N. 33N2005] 4 Second Schedule. THE NATIONAL SOLID WASTE MANAGEMENT(PUBLIC CLEANLINESS) REGULATIONS, 2003 5. There shall be payable in respect of the offence specified in column 1 of the Second Schedule the fixed penalty specified in relation thereto in column 2 of the Second Schedule. [The 111clusio11 of this page is authorized by L.N. 33/\:2005) THE NATIONAL SOLID WASTE MANAGEMENT(PUBLIC CLEANLINESS) REGULATIONS, 2003 FIRST SCHEDULE Fonn I JAMAICA (Regulations 2 and 4) NATIONAL SOLID WASTE MANAGEMENT AUTHORITY FIXED PENALTY NOTICE ( under section 5 3 ( 2)) FRONT OF FORM Serial No. of Notice:. Take notice that I have cause to believe that on the day of , 200 at ( enter location) at or about ( enter time) you: Surname (Last) First Middle Street Address:---~-------------~----~ Parish committed one or more of the following offences contrary to the provisions of the National Solid Waste Management Act, for which I allege that you are liable, namely Alleged offence (Please tick) □ □ □ □ Section 46(1 )(a) 46(1)(b) 46(2) 47 Offence Throwing, dropping or otherwise depositing and leaving any litter in any public place. Erecting, displaying (whether by writing, marking or otherwise), depositing or affixing anything in a public place or on any building, wall, fence or structure abutting or adjoining a public place, in such circumstance as to cause, contribute to or tend to the defacement of that place, building, wall, fence or structure, as the case may be. On behalf of some other person employing or recruiting you for the purpose, erecting, displaying (whether by writing, marking or otherwise), depositing or affixing anything in a public place or on any building, wall, fence or structure abutting or adjoining a public place, in such circumstance as to cause, contribute to or tend to the defacement of that place, building, wall, fence or structure, as the case may be. Throwing, dropping, or otherwise depositing or leaving any litter in any premises owned or occupied by another person without the consent of that person. [The inclusion of this page is authorized by L.:s;. 33.-\ 2005) 5 6 THE NATIONAL SOLID WASTE MANAGEMENT(PUBLIC CLEANLINESS) REGULATIONS, 2003 □ Dated this 48 FIRST SCHl!DIJLI!, contd. Wilfully breaking any bottle or any glass or any article made of glass in or on any public place without lawful authority or reasonable excuse the details of which are set out as follows Particulars of offence(s): Date of offence(s): Place of offence(s): Brief description of the act(s) which constitute the offence(s): However, if before the day of , 200 (insert date being a date before the expiration of twenty-one days) you pay the filled penalty of at [Authority] [col/ectora/e] [court) proceedings will not be taken for the offence and you shall not be liable to conviction of the offence. Payments should be made in accordance with the instructions overleaf. You may notify the Authority in writing that you wish to dispute liability for the offence(s) within 14 days of the date of service of this notice, If you do not pay the fixed penalty or if you notify the Authority that you wish to dispute liability in accordance with this Notice, an application will be made to the Resident Magistrate for an order that you pay the fixed penalty and additional sum of by way of costs. day of ,20 . Signature of authorized officer. [The ,nclusion of this page is a,tthorizcd by L.N. 33A/2005] THE NATIONAL SOLID WASTE MANAGEMENT(PUBL/C CLEANLINESS) REGULATIONS, 2003 FTRST SCHEDULE, contd. BACK OF FORM How to pay fixed penalty: Payment may be made in cash at the [Alllhor/ty] [callectorate] [court]. To: [full name and address) I enclose the sum of$ as payment of the fixed penalty for the offence mentioned in this Notice. Surname (Last) Street Address Parish Fonn2 JAMAICA First NATIONAL SOLID WASTE MANAGEMENT AUTHORITY FIXED PENALTY CERTIFICATE (under section 53 (5)) Middle Serial No. of Fixed Penalty Notice: I hereby certify that payment of the fixed penalty of was made/not made to the [Authority] [col/ectorate] [court] by the day of -------' 20 Proper Officer, Authority. [The inclusion of this pag~ is authorized by L.N. 33N2005] 7 8 THE NA T/ONAL SOLID WASTE MANAGEMENT (PUBLIC CLEANLINESS) REGULATIONS, 2003 Column I Offence SECOND SCHEDULE Schedule of Fixed Penalty I. Throwing, dropping or otherwise depositing and leaving any litter in any public place 2. Erecting, displaying (whether by writing or marking or otherwise), depositing or affixing anything in a public place or on any building, wall, fence or structure abutting or adjoining a public place, in such circumstances as to cause, contribute to or tend to the defacement of that place, building, wall, fence or structure, as the case may be 3. Employing or recruiting person(s) who erect, display (whether by writing or marking or otherwise) depositing or affixing anything in a public place or on any building, wall, fence or structur(;l abutting or adjoining a public place in such circ11mstances as to cause, contribute or tend to the defacement of that place, building, wall, fence or structure, as the case maybe 4. Throwing, dropping or otherwise depositing or leaving any litter in any premises owned or occupied by 11n other person without the consent of that person 5. Wilfully breaking any bottle or any glass or any article made of glass in or on any public ph1ce without lawful authority or reasonable excuse .. (Regulation 5) Column 2 Fixed Penalty $2,000.00 $3,000.00 $10,000.00 $5,000.00 $5,000.00 [The inclusion of this page is authorized by L.N. 33A/2005]