Natural Resources (Prescribed Areas) (Prohibition of Categories of Enterprise, Construction and Development) (Amendment) Order, 2015 (No. 51A of 2015)

THE JAMAICA GAZETTE SUPPLEMENT PROCLAMATIONS, RULES AND REGULATIONS 234A Vol CXXXVIII T HURS DAY, APRIL 9, 2015 o. 23A No.SIA TIIE NA1 RALHESOURCESCON ERVATION AUTHORITY ACT I I IF N \11,;f{AL IU:'>ULIR(.'l.S (PRI Sl'RIBEl) ARLAS) (PROI 11111'1 ION OI C ,n,GORII \ m l:.N I1: IU'l(l~L. CUN\ I RUt I ION All-D DI VI I <WMI Nl) (AMI !'-OMLI\ I) 0ROI R, 2015 In exercise ol' the power co11fcrn:<l upon the Mini-;tcr hy c;ection 9(1) ol'the Natural Resources Com,crvation Authorit} Act. and of every olher power hereunto enabling. the follo" ing Order is hereby muuc, on tl1c rccommcnd:11,on of the Authorit}. I. This Order muy be.: citc.:d w, the.: Natural Resources (Prescribed Areas) (Prohibition of Categories of Enterprise. Construction and Development) (Amendment) 01dcr, 2015, and shall be tcaJ unJ com.trued a!> one "i1h 1he Natura l Resources (Prescribed Areas) (Prohibition of Categories of En1crpmc, {'onc;1ruction and Development) 01der, 1996 (hcrcinancr referred to as the ''principal Order") and nil amcnclrncntc; rhcrcto 234R PROCLAMATIONS. RULES ANO REGULArtONS (APRIL 9. 20 I 5 2. With elTect from the 1st day of April, 20 15, the principal Order is amended in paragraph 2 by (a) deleting from sub-paragraph (I) the words "Subject to sub-paragraph (2). except'' ..ind substituting lherefor the word "Except'': and (b) deleting sub-paragraph (2) and substituting therefor the following as sub paragraphs (2), (3) and (4) (2) A person who is on the 1st day of April, 201 5, engaged in undertaking any category of enterprise, construction or development to which the requirement for a pennit did not apply before that date and who seeks to continue can-ying out u,at undertaking shall not later than one year atler the l st day of April, 2015, apply 10 the authority for a permit to do so. (3) If an application is made by a person pursuanr ro sub parngragh (2), the person may continue to carry out the relevant enterprise. construction or development until that person's application is detem1ined. (4) !fan application is not made by a person pursuant to sub paragraph (2), the person's ability to lawfully provide the relevant enterprise, constniction or development shall cense at rhe end of the one year period refened to in that paragraph.". /\l'RIL 9, 20 I 5) PROCLAMATIONS, RULES AND REGULATIONS 234(' J. The principal Order is amended in the Schedule by deleting the items that appear in Column A and substituting therefore the !ollowing Column A Categories Of Enterprises Construction, Development I. Power Generufirm Construction and operation of power generation plants of lMW or above usins hydrocarbon fuels. Construction and opera I ion of nuclear fuelled reactors and power plants. Construction and opermion or power generation plants of 200 kw or above using renewable sources or energy. 2 Power 7>·ansmission Construction or installation ofelectricnl Lra11s111ission lines. Constmction of substations 69 kv or above. 3. I'ipelim:s cmd Conveyors Construction or insta llation and operation of pipelines of20m or more in h::ngth for the transmission ot' noxious, explosive, tlnmmablc arnl/or toxic material. Construction or installation of pipelines 1km or more for the supply ofwaier. Construction of conveyors of500m or more in llmgth. Constmclicm or installation, and operation of'underground cables. gas lines or 0U1er such infrastructure with a diameter of'more than I 0cm for lhe transport of gas, oil or chemicals. 4. .Mari11e Develvpmenl Construction and operation of port and harbour faci lities. Construction u11d operation of shipyards and boatyards. Construction and operation of dry-docks. Construction and operation of marinas. In-water hull cleaning operations. 5. Air 7>·ansporr Construction of airports, airfields, aerodromes, runways. Expansion of airfields and runways. 6. lfoC1ds. R<1ilways And Telec.:omm11niculirm Construction of new highways. 234D PROCLAMATIONS, RULES /\ND REGULATIONS Column/\ Categories Of Enterprises Construction, Development Construction of new arterial roads. rAr>RII. 9, 2015 Major road improvement projects including re-alignment, widening into 4 or more lanes; drninnge, and slope stabilization. Construction of bridges. Construction of railways, tramways and cable car lines. Construction of telecommunication towers and any such facility. 7. Water Works Modification of waterways for the trnnsfer of water resources or river training works. Dredging nnd excavation of riverine areas or beaches (except for mining and quanying activities). Reclamation of riverine areas. Construction, modi11ca1ion or demolition of dykes, aqueducts. levees, check dams and retaining walls associated with a water way. Construction, modification or demolition of reservoirs or dnms. Erection and constrnction of irrigation canal. Construction and operation of water treatment and storage facilities, including desalination plants nn<l waler supply plunl'i. 8. Site Mud[/ictllion Proie,·ts Modification, clearance or reclamation of wetlands. Modification or clearance of sand dunes, removal of snnd fi·om sand dunes. Constrnction on sand dune. Construction of overwater rooms and strnctures over 1he sea, rlver or ponds. Clear cutting of forested areas and clearing of trees on slopes greater rhan 20A. Clearing 6 hectares or more of vegetation (excluding agricultura l holdings currently under production). 9. Subdivisions Subdivisions of IO to 25 lots. Subdivisions of26 to 50 lots. Subdivisions greater than 50 l.ots. 10. Suhdivision And Housing Co11struct1on Subdivision and construction of housing projects of 10 to 25 houses. Subdivision and construc1ion of housing projects of 26 to 50 houses. Subdivision and construction of housing projects of 51 or more houses. APRIi 9, 2015] PROCLAMATIONS, RULES AND REGULATIONS 11. Huusing Column /1. Categories Of Enterprises Construction, Development Construction of housing projects of 10 to 25 houses. Constrnctio11 of housing projects ur26 Lo 50 houses. Conslnict ion of housing projects of 5 I or more houses. 12. Ho1e/ 234F Construction and operation ofhorel or reson complex of IO co 50 rooms. Construction and operation ofbotel or resort complex of SI lo 500 rooms. Construct ion and operl'ltion of hotel or resort complex of SO 1 to 1,000 rooms. Construction and operation ofhotd or resort complex of I 00 I to 2000 rooms. ConstTuction nnd operation of hotel or resort complex of200 I to 3000 rooms. Construction and operation of hotel or resort complex of300 I rooms and above. 13. Rec:rea1ion And Entert11in111ent Eswblishmcnt am.I opcralion of ecotourism facility or at1raction. Construction am! operation or nature based at1raction or facility. Coastt uction aud operation of gulf course. Construct ion and operation of s1adia and sporl facilities with a seating capacity of3000 or greater. Establishment of theme parks. Establishment ofmu Is including those for motorized and non-molorizcd vehicles or activities. 14. Service Sector Construction and operation of office and commercial complexes (including shopping centres) of 5,000 square metres or greater. Construction and operation of cemeteries, mausolea, columbarin or other burial sites or crematoria. Construction and operation of hospital of IO beds or more or medical facilities of 1,000 square meter!> l)r" greater. Construction and operation of dry cleaning facilities. Construction and operation of veteriuury clinics that board ,mimals. Schools and educational institutions (exclu<ling early childhood education institutions). Construction u11<l operation of transpu1ta1ion centres for more than ten ( I 0) vehicles. 234P PROCLAMATIONS, RULES AND REGULATIONS Column A Categories Of Enterprises Construction, Development 15. 1\1/ining And Quarrying [J\PKJL 9, 2015 Mining and quarrying (terresLrial, riverine anti marine) ofbuuxite, peat, sand, minerals- including aggregate, construction and industrial materials, metallic and non-metallic ores. Exploration and prospecting for extraction of non-renewable resources (oil, natural gas, other minerals), ferrous and non-fe1Totis minerals. Exploration and prospecting for artifacts. 16. Ore And Mineral Processing Construction and operation of mineral processing facilities for bauxite, peat, sand, minerals- including aggregate, constniccion and industrial materials, merailic and non-metall ic ores. Construction and operation of metal processing facilities including ferrous metals, non-ferrous merals. metal rlating and foundry opera'lions. Constniction and operation of facilities for cement and lime production . Construction and operation of facilities for solar salt production. 17. Chemical Construction and operation of facilities for the storage of hazardous materials, toxic chemicals and other similar substances. Construction and operation of facilities for the manufacturing of hazardous materials, toxic chemicals or other similar substances. Construction and operation of facilities for the manufacturing of soaps and detergents. · Construction and operalion of facilities for the manufacturing of edible oils and fats. Construction and operation of faci I ities for hydro-carbon production, refining, storage and stockpiling. Construction and operation of petroleum storage and dispensing facility. Constnrction and operdtion of faci lities for manufacturing of pesticides. Construction and operation of facilities for the manufacturing of paint. Cons1ruction and operation of chemical plants other than tliost.: listed above in this item. 18. Manufacturing Construction nnd operation of facilities for the production of construction 11mlcrials i11cluding blocks nnd bricks. ,.. APRIL 9, 2015J PROCLAMATIONS, RULES AND REGULATIONS Column A Categories Of Enterprises Constniction. Development 2340 ConstTuction and operation of batching and crushing plants (mobile and fixed). Construction and operation of facilities for the manufacturing of containers (llld packaging materials including cans, hou les, boxes, cartons and plasLics. Constn.1c1 ion and operation of faci lities for LIH: manufacturing and processing of pulp, paper uml wood. Consrruction nnd operation of recycling plant and facility. Construction and operation of facilities for the manufacturing of textiles. Construction and operation of facilities for the manufacturing or Lar aud bitumen. Construction a11d operation of faci lities for the manufacturing of rubber. Consu·ucLion ru1dopcration of facilities tor the manufacturing of polymerizing plants. Construction and operation of facilities for the manufacturing of dyes, pigments and surface ncLi vc agcnls (except soaps and detergents). Construction and upcral ion of facilities for the manufacluring of chemical lcrti I izers. 19. Awo /11dustry And Fond I'rocessing Construction and opcralion Clf facilities tor food processing. Construction anti opcration of slaughterhouses and obonuirs. Construction and opcrnriun of bottling facilities and boxing planls. Consrruccion and operation of ti islillery, brewery and fermenting faci I i1 ies. Construction and operation of fish and meat processing plants. Conslruction and opera1ion ofagro-proccssiug facilities (including for coffee, ci1rus. cocoa, coco11u1 and sugarcane). Construction and operation of aquaculrurc faci lity and ponds for intensive fish farming.. Construction and ope rat ion of tanneries. 20. l'roject Site Offir:e Conslruction of site office for ony development, infrastructure or industrial project outsidt: the footprint of the proposed pwjccl. 21. Waste Processing and Disposed Construction and operation of solid waste lreatment and disposal facilities, including wasle disposa l, ins1allation of incinerolor, chemical landfi lls or systems for lhe destruciion, reprocessing or recycling of such wosLcs. Co 11struc1ion ;ind operation o f hazardous waste removal. s torage, Cranspo1tation. treatmenl or disposal faci lity (mobile and fi xed). 234H PROCLAMATlONS, RULES AND REGULATIONS Column A Categories Of Enterprises Constn1ction, Development [/\1'1{11, 15,2015 Construction and operation of facility for processing of agricultural wastes. Construction and operation of faci lity for s-toragc and processing of scrap metals, incl11di-ng derelict vehicles. Construction and operatioo of facili ty for transponation, storage, handling and conversion of energy from waste. Construction and operation of wastewater treatment planLc; which do nol dischargc effiueol lo the environment. 22. Biologit:al R.esourcr.>s or Blodiversi~y importation or introduction of species of flora and fauna or other biological organisms. Introduction of genetically modified organisms (other than for food or teed). Operation ofa pet store. Operation ofa zoo.". Dated this 9th day of April, 2015. "RORERT PICKERSGILi. Minister of Water, Umd, 13nvironment and Climate Change. PRIITTEO BY JAMAICA PRINTING SERVICES (1992) LTD. (GOVERNMENT PRINTERS) DUKE STREEl KINGS I ON JAMAICA :