The Natural Resources Conservation Authority (Amendment) Act, no. 2 of 2025

Convert to PDF JAMAICA No. Dz.., 2025 I assent, [L.S.] Governor-General. AN ACT to Amend the Natural Resources Conservation Authority Act. ~ [ rs 603 'D~ ""ore."-' 'Z..o~ ] BE IT ENACTED by the Parliament of Jamaica, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:- 1. This Act may be cited as the Natural Resources Conservation Short title Authority (Amendment) Act, 2025, and shall be read and construed :::struction. as one with the Natural Resources Conservation Authority Act (hereinafter referred to as the principal Act) and all amendments thereto. 2 Amendment of section 9 of principal Act. Amendment of section l 0 of principal Act. Amendment of section 12 of principal Act. Amendment of section 13 of principal Act. Amendment of section 14 of principal Act. [No. ] The Natural Resources Conservation Authority (Amendment) Act, 2025 2. Section 9 of the principal Act is amended- (a) in subsection (6), by deleting the word "licence" and substituting therefor the word "pennit''; and (b) by deleting subsection (7) and substituting therefor the following as subsection (7}- " (7) A person who contravenes subsection (2) commits an offence.". 3. Section 10 of the principal Act is amended by deleting subsection ( 4) and substituting therefor the following as subsection ( 4)- " ( 4) A person who, not being an applicant for a pennit, refuses or fails to submit an environmental impact assessment as required by the Authority commits an offence.". 4. Section 12 of the principal Act is amended by deleting subsection (3) and substituting therefor the following as subsection (3)- " (3) A person who contravenes any provision of subsection (1) commits an offence.". 5. Section 13 of the principal Act is amended- ( a) in subsection (l)(a), by deleting the word "or''; and (b) by deleting subsection (3) and inserting therefor the following subsections-- " (3) Where authorized by the Minister acting pursuant to subsection (2), a member of the Jamaica Constabulary Force may use such force as may be necessary for the purpose of ensuring compliance with an order referred to in that subsection. ( 4) A person who hinders or obstructs a member of the Jamaica Constabulary Force acting in accordance with subsection (3) commits an offence." . . 6. Section 14(l)(a) of the principal Act is amended by deleting the word "and". The Natural Resources Conservation Authority [No. ] 3 (Amendment) Act, 2025 7. Section 15 of the principal Act is amended by deleting subsection Amen~ment (2) d b • • th ~ th ~ ll . b . ( )- of section 15 an su stituting ere1or e 10 owmg as su section· 2 of principal " (2) A person who refuses or fails to comply with a notice Act. seived under subsection (I) commits an offence.". 8. Section 16 of the principal Act is amended by deleting subsection Amen~ment (4) d b . . th ~ th ~ ll . b . (4)- of sectton 16 an su stituting ere1or e 10 owmg as su section of principal . Act. " ( 4) A person who wilfully obstructs the Authority or any person authorized in that behalf in the exercise of the powers under this section commits an offence.". 9. Section 17 of the principal Act is amended by deleting subsection Amen~ment (2) d b . . th ~ th ~ ll . b . (2)- of sectton 17 an SU Stituting ere1or e 10 owing as SU section of principal . Act. " (2) A person who refuses or fails to comply with the requirements of a notice under subsection ( 1) commits an offence.". 10. Section 18 of the principal Act is amended- Amendment of section 18 (a) by deleting subsection ( 4) and substituting therefor the of principal following as subsection (4)- Act. " ( 4) The person referred to in subsection ( 1) who continues or authorizes the continuation of the offending activity while an enforcement notice is in effect or after the dismissal of an appeal under section 34 relating to that notice commits an offence."; and (b) by deleting subsection ( 6) and substituting therefor the following subsections- " ( 6) Where authorized by the Minister acting pursuant to subsection (5), a member of the Jamaica Constabulary Force may use such force as may be necessary for the purpose of ensuring compliance with a notice referred to in that subsection. (7) A person who hinders or obstructs a member of the Jamaica Constabulary Force acting in accordance with subsection (6) commits an offence.". • 4 Amendment of section 20 of principal Act. Amendment of section 32 of principal Act. Amendment of section 38 of principal Act. Insertion of new section 38A in principal Act. [No. ] The Natural Resources Conservation Authority (Amendment) Act, 2025 11. Section 20 of the principal Act is amended by deleting subsection (2) and substituting therefor the following as subsection (2)- " (2) A person who assaults or obstructs a duly authorized person acting in the execution of his duty under subsection (1) commits an offence.". 12. Section 32 of the principal Act is amended- (a) by deleting subsection (4) and substituting therefor the following as subsection ( 4)- " ( 4) A person who obstructs a person who is taking any measures authorized by an order under subsection (1) commits an offence."; and (b) by deleting subsection (5) and substituting therefor the following as subsection (5)- " ( 5) A person who contravenes any provision of an order made under subsection ( 1) commits an offence.". 13. Section 38(3) of the principal Act is amended by deleting the words "fifty thousand dollars and imprisonment for two years" and substituting therefor the words "five million dollars and in default of payment of such fine to imprisonment for a term not exceeding five years.". 14. The principal Act is amended by inserting, next after section 38, the following as section 38A- "Penalties. Third Schedule. 38A.-(l) An person who commits an offence under a provision specified in Column 1 of the Third Schedule and described in Column 2 of that Schedule, is liable, on summary conviction in a Parish Court, to- (a) a fine not exceeding the amount specified in Column 3 of that Schedule; or The Natural Resources Conservation Authority [No. ] S (Amendment) Act, 2025 (b) imprisonment for a tenn notexcwiog the term specified in Column 4 of that Schedule. (2) A body corporate who commits an offence under this Act shall be liable on indictment and conviction in a Circuit Court to a fine. (3) The Minister may by Order subject to affirmative resolution, amend any fine imposed under this Act.". 15. The principal Act is amended by inserting next after the Second Insertion of Schedule the following as the Third Schedule-- new Thi~ Schedule m principal Act. " THIRD SCHEDULE (Sections 38A) Offences and Penalties Columnl Column2 Column3 Column4 Maximum Description Maximum Termof Section ofOffice Fine Imprisonment 9(7) Undertaking, in a prescribed $5million 5 years area any enterprise, construction or development of a prescribed description or category other than under and in accordance with a permit issued by the Authority. 10(4) Any person who, not being $1 million an applicant for a permit, refusing or failing to submit an environmental impact assessment as required by the Authority. 6 [No. ] The Natural Resources Conservation Authority (Amendment) Act, 2025 Offences and Penalties Column I Column2 Column3 Column4 Maximum Description Maximum Tennof Section ofOffence Fine Imprisonmen 12(3) Discharging on or causing $5million 5 years or pennitting the entry into waters, on the ground or into the ground, of any sewage or trade effluent or any poisonous, noxious or polluting matter other than under and in accordance with a licence for the purpose granted by the Authority under this Act. 12(3) Constructing, reconstructing $5million 5 years or altering any works for the discharge of any sewage or trade effluent or any poisonous, noxious or polluting matter, other than under and in accordance with a licence for the purpose granted by the Authority under this Act. 13(4) Hindering or obstructing a $1 million 6 months member of the Jamaica (in default of Constabulary Force acting payment) in accordance with section • 13(3). 15(2) Refusing or failing to comply $3 million 2 years with a notice served under section 15(1). 16(4) Wilfully obstructing the $3 million 3 years Authority or any person authorized in that behalf in the exercise of its powers under section 16. The Natural Resources Conservation Authority [No. ] 7 (Amendment) Act, 2025 Offences and Penalties Column 1 Column2 Column3 Column4 Maxim\Ull Description Maximwn Termof Section ofOffence Fine Imprisonment 17(2) Refusing or failing to comply $3 million 2 years with the requirements of a notice under section 17(1). 18(4) The person referred to in $3 million 3 years subsection 18( I) who continues to or authorizes the continuation of the offending activity while an enforcement notice is in effect or after the dismissal of an appeal under section 34 relating to that notice. 18(7) Hindering or obstructing $1 million 6 months a member of the Jamaica (in default of Constabulary Force acting payment) in accordance with section 18(6). 20(2) Assaulting or obstructing a $2million 2 years duly authorized person acting in the execution of his duty under section 20(1). 32(4) Obstructing a person who $3 million 2 years is taking any measures authorized by any order under section 32(1 ). 32(5) Contravening any provision $3 million 2 years of an order made under section 32(1 ). " Passed in the House of Representatives this 14th day of January, 2025. JULIET HOLNESS Speaker. 8 [No. ] The Natural Resources Conservation Authority (Amendment) Act, 2025 Passed in the Honourable Senate this 24th day of January, 2025. THOMAS T AVARES-FINSON, CD, QC, JP President. This printed impression has been carefully compared by me will, the authenticated impression of the foregoing Act, and has been found by me lo be a true and correct printed copy of the said Act.