Quarries Control (Amendment) Act, 2015 (No. 8 of 2015)

1. This Act may be cited as the Quarries Control (Amend,nent) Act, Short title 2015, and shall be read and construed as one with the Quarries Control and construction . Act (h~reinafter referred to as the "principal Act") and all amendments thereto.

2. Section 2 of the principal Act is amended by inserting in the Amendment of section 2 correct alphabetical sequen~e, the following definitions- of principal "applicant" means a person applying for a licence under section Act. 8; "licence" means a quarry licence granted under section 8. 2 [No. The Quarries Control (Amendment) Act, 2015 Amendment 3. Section 5 of the principal Act is amended- of section 5 of principal Act. (a) in subsection (3), by deleting- (i) the words "A person" and substituting therefor the words "Subject to subsection (3C), a person"; (ii) from paragraph (a) the words "thirty thousand" and substituting therefor the words "one million"; (iii) from paragraph (b) the words "fifty thousand" and substituting therefor the words ''two million"; (iv) the semi-colon and the word "and" at the end of paragraph (b) and substituting therefor a full-stop; and (v) paragraph (c); (b) by inserting next after subsection (3), the following as subsections (3A), (3B) and (3C)- " (3A) Subject to subsection (3C), a person who engages in the extracting, purchasing, stockpiling, transporting or disposing of quarry material or quarry mineral, in the course of, or obtained by means, of illicit quarrying, commits an offence, and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both such fme and imprisonment. (3B) Subject to subsection (3C), a person who aids and abets another person in- (a) the commission of an offence under subsection (3) or (3A); (b) illicit quarrying; or (c) extracting, purchasing, stockpiling, transporting or disposing of quarry material or quarry mineral, in the course The Quarries Control (Amendment) [No. ] 3 Act, 2015 of, or obtained by means of, illicit quanymg, corrunits an offence, and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding five hundred thousand dollars or to imprisonment for a telm not exceeding six months or to both such fine and imprisonment. (3C) Where an offence referred to under this section involves the use of any mechanical motorized equipment (including tractors, loaders and draglines) the person convicted thereof shall be liable on summary conviction in a Resident Magistrate's Court- (a) in the case of a first conviction, to a fine not exceeding one million five hundred thousand dollars or to imprisonment for a term not exceeding eighteen months or to both such fine and imprisonment; or (b) in the case of a second or subsequent conviction, to a fine not exceeding two million five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment." .

4. The principal Act is amended by inserting next after section 5, In se rti on of new sec ti on the following as section 5A- SA in prin cipal " Require- 5A. Subject to the provisions of this Act, no Act. ment for authoriza- person shall operate a quarry within fifteen metres tion of from the boundary between the land on which the adjoining landowner quarry is located and any other land, except with or agent. the written authorization of the owner or lawful occupier of that other land.". ... 4 [No. ] The Quarries Control (Amendmem) Act, 2015 Amendment 5. Section 8 of the principal Act is amended by- of section 8 of principal (a) inserting next after subsection (1), the following as subsections Act. (1A), (IB), (IC), (lD) and (lE)- " (1 A) An application submitted under subsection (1) shall- (a) have the quany material or quarry mineral (whichever applies) in relation to which an application to operate a quarry is submitted, tested and certified as to its quality in writing by a laboratory approved by the Commissioner; and (b) include the certificate as to quality as determined under paragraph (a). (1B) An applicant shall sign a written declaration certifYing as to the origin of the samples. (1 C) The Commissioner may supervise the extraction of the samples for the purpose ofverifYing their origin or may engage an independent person to do so and the related cost shall be borne by the applicant. (1 D) An applicant who submits a false declaration or certificate, with respect to the origin, or the physical, chemical or other similar characteristics of a sample, or otherwise provides false information in connection with an application under this section, commits an offence and shall be liable on summary conviction in a Resident Magistrate's Court- (a) in the case of a first conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment; or The Quarries Control (Amendment) [No. ] 5 Act, 2015 (b) in the case of a second or subsequent conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. (1 E) The Committee, in determining whether to recommend the granting of an application for a licence under this section, shall consider the intended use of the quarry material or quarry mineral based on its physical, chemical or other similar characteristics and its fitness for purpose."; (b) inserting next after subsection (4), the following as subsection (4A)- " (4A) A licensee who acts in contravention of, or fails to comply with any tern1, condition or restriction stipulated in the licence, commits an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fme not exceeding five hundred thousand dollars."; (c) deleting paragraph (b) of subsection (5) and substituting therefor the following as paragraph (b)- " (b) may be renewed in accordance with subsection (6);"; (d) renumbering subsection (6) as subsection (7) and deleting paragraph (b) of the definition of "relevant authority" in subsection (7), as renumbered; and (e) inserting next after subsection (5), the following as subsection (6)- " (6) An application for renewal of a licence granted under this section shall be- (a) made to'the Minister not later than four months before the date of expiration thereof; and '. 6 [No. ] The Quarries Control (Amendment) Act, 2015 (b) accempanied by the prescribed fee and such ether decuments as may be required by the Minister.". Insertion of 6. The principal Act is amended by inserting next after sectien 8, new section the fellewing as sectien 8A- SA in principal Act. " Quarry 8A. Where a licence granted under sectien 8 may continue to has expired and an applicatien fer renewal thereef operate is made in accerdance with sectien 8(6), the pending renewal of applicant may centinue to. eperate the quany pending licence. receipt ef the renewed licence, unless it is cemmunicated to. the applicant in writing by the Minister that the applicatien fer renewal is refused.". Insertion of 7. The principal Act is amended by inserting next after sectien 11, new sections the fellewing as sectiens llAand IIB- IIA and liB in principal Act. " Receipt and llA.-{I) An eperater ef aquany shall issue-- dispatch voucher. (a) a receipt fer each payment by way ef purchase ef quarry material er quarry mineral;er (b) a dispatch veucher where quarry material er quarry mineral is remeved frem the quarry etherwise than pursuant to. a sale fer cash, which shall state the quantity efthe quarry material er quarry mineral to. which the receipt o.r dispatch veucher relates and shall centain such ether infermatien as may be prescribed. (2) Any persen who. knewingly issues a receipt er dispatch veucher that reflects misleading infermatien, cemmits an effence, and shall be liable en summary cenvictien in a Resident Magistrate's Ceurt to. a fine net exceeding ene millien dellars er to. imprisenment fer a term net exceeding ene year er to. beth such fine and imprisenment. The Quarries Control (Amendment) [No. ] 7 ACt,2015 (3) Any person who contravenes subsection (1), commits an offence, and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. (4) Every transporter or retailer of quarry material or quarry mineral or of both, shall, upon request by- (a) the Commissioner or any person authorized by him; or (b) a member ofthe Jamaica Constabulary Force or the Rural Police, show to the person so requesting the receipt or dispatch voucher, as the case may be, in relation to the quarry material or quarry mineral. (5) Any person found in possession of quarry material or quarry mineral, shall, upon request by any person referred to in subsection (4) (a) or (b), produce a receipt or dispatch voucher for the quarry material or quarry mineral or the licence granted pursuant to section 8. (6) Any person who contravenes subsection (4) or (5), commits an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding one month or to both such fine and imprisonment. Commissioner 11 B.-( 1) The Commissioner may conduct may conduct random random sampling ofquarry material or quarry mineral sampling. found on a quarry. 8 [No. ] The Quarries Control (Amendment) Act, 2015 (2) For the purposes, of subsection (1), the Commissioner or a person duly authorized by the Commissioner may enter any quarry to extract therefrom a sample of quarry material or quarry mineral for testing, and the cost of such extraction shall be borne by the applicant.". Repeal and 8. Section 13 of the principal Act is repealed and the following replacement of se<:tion 13 substituted therefor- of principal Act. " Licences 13.---{1) The holder ofa licence orofan interest etc., not transfer- therein shall not transfer the licence or interest or able. any part or share thereof or create any interest whatsoever therein without first obtaining the consent in writing ofthe Minister. (2) A licence or interest therein referred to in subsection (1), shall not take effect unless the prescribed fee has been paid.". (3) A transfer or creation of an interest contrary to subsection (1), shall be void.". Insertion of. 9. The principal Act is amended by inserting next after section 29, new sections 29A and 298 the following as sections 29A and 29B- in principal Act. "Certifica· 29A.-(1) With effect from such date as the tion required for Minister may appoint by notice published in the manage· Gazette, every quarry exceeding the prescribed size ment of certain shall be managed by a person who--- quarries. (a) has successfully completed the prescribed course of study for certification for quarry management; and (b) is the holder of a quarry management f'ertificate issued by- (i) the Commissioner; or (ii) any person so authorized by the Commissioner. The Quarries Control (Amendment) [No. ] 9 Act, 2015 (2) An application for a quarry management certificate under this section shall be made to the Commissioner in the prescribed form and shall be accompanied by the prescribed fee. (3) Where the Commissioner is satisfied after considering an application under subsection (2) that the requirements for certification under this section are met, the Commissioner shall issue to the applicant a quarry management certificate in the prescribed form. (4) A certificate issued under this section shall be valid for a period offive years and may be Prescribed renewed upon application in the prescribed manner. course of study, 29B. For the purpose of section 29A, the certification form and Commissioner shall propose to the Minister- fees for quarry (a) the course of study to be prescribed; managers. (b) the form to be prescribed for certification for quarry managers; (c) the fees to be prescribed for processing applications for certification as a quarry manager.".

10. Section 32 of the principal Act is amended by deleting- Amendment of section 32 (a) the word "fifteen" and substituting therefor the words "five of principal Act. hundred"; and (b) the comma and all the words appearing after the words "six months".

11. Section 34 of the principal Act is amended in subsection (I) Amendment of section 34 by- of principal Act. (a) re-Iettering paragraphs (d) to (r) as paragraphs (e) to (s) and inserting next after paragraph (c), the following as paragraph (d)- "(d) prescribing fees to be charged by the Commissioner, for services provided;"; 10 [No. The Quarries Control (Amendment) Act, 2015 .. (b) inserting next after subsection (2) the following as subsection (3)- " (3) Notwithstanding the provisions of section 29 of the Interpretation Act, regulations made under this Act may prescribe, in respect of a breach of any of the provisions thereof, greater monetary penalties than those specified in that section, so however, that the maximum monetary penalty that may be imposed shall be a fine not exceeding five hundred thousand dollars or imprisonment for a term not exceeding six months or of both such fine and imprisonment.". In se rti on of 12. The principal Act is amended by inserting next after section 34, new secti on 35 in the following as section 3 5- prin cipal Act. .. Minister 35. The Minister may, by order subject to may amend monetary affirmative resolution, amend the monetary penalties penalties specified in this Act.". by order. Consequential 13. The Second Schedule to the Proceeds ofCrime Act is amended amendments to Proceeds by renumbering items 11 to 17, as items 12 to 18, and inserting next o/Crime Act after item 10, the following as item 11- " 11. An offence under the Quarries Control Act.". Passed in the House of Representatives this 28th day of October, 2014. MICHAEL A. PEART Speaker. Passed in the Senate this 1st day of May, 2015 with three (3) amendments. FLOYD E. MORRIS President. The Quarries Control (Amendment) [No. J 11 Act, 2015 On the 5th day of May, 2015 the House of Representatives agreed to the amendments made by the Senate. MICHAEL A. PEART Speaker. This printed impression has been carefully compared by me with the authenticated impression of the foregoing Act, and has been found by me to be a true and correct printed copy of the said Act. ~ I/-I?; Qt>ttJf(e. Clerk to the Houses ofParliament.