Local Government Act 182-12

Local Government (Adequate Representation of Each Sex on Local Authority and Validity of Reserve Lists) Regulations 2012

[GN 182 of 2012 – 13 October 2012] [Section 162]

1. These regulations may be cited as the Local Government (Adequate Representation of Each Sex on Local Authority and Validity of Reserve Lists) Regulations 2012.

2. In these regulations –

“Act” means the Local Government Act;

“nomination day” means the day appointed for the nomination of candidates
for the election of Councillors to a Municipal City Council, Municipal Town Council or Village Council, as the case may be.

3. For the purpose of section 11(6) of the Act, where, by 3 p.m. on nomination day, a group presenting more than 2 candidates in an electoral ward at a Municipal City Council or Municipal Town Council election fails to ensure that the candidates are not all of the same sex, the nomination papers of the candidates of the group shall be held to be invalid.

4. For the purpose of section 12(6) of the Act, where, by 3 p.m. on nomination day, a group presenting more than 2 candidates at a Village Council election fails to ensure that not more than two-thirds of the group’s candidates are of the same sex, the nomination papers of the candidates of the group shall be held to be invalid.

5. (1) For the purpose of section 18(5)(b)(iii) and (iv) of the Act, where, by such time and date as the Electoral Supervisory Commission may, by notice published in the Gazette, appoint, a registered group submits a list of reserve candidates which does not comply with that section, the list shall be held by the Electoral Supervisory Commission to be invalid.

(2) Nothing in these regulations shall affect the powers of the Electoral Supervisory Commission to declare, at any time, a list of reserve candidates to be invalid in pursuance of any other enactment.

6.

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Local Government Act 18-03

Local Government (Dumping and Waste Carriers) Regulations 2003

[GN 18 of 2003 – 10 February 2003] [Section 162]

1. These regulations may be cited as the Local Government (Dumping and Waste Carriers) Regulations 2003.

2. In these regulations –

“authorised officer” means an inspector of a local authority, a police officer, a road transport inspector, an enforcement officer of the Ministry or any other public officer designated by the Minister;

“carry” means transport on a road from one place to another;

“hazardous waste” has the same meaning as in the Environment Protection (Standards for Hazardous Wastes) Regulations 2001;

“leachate” includes any liquid substance coming out from solid waste;

“licence” means a waste carrier licence;

“litter” includes odds and ends, bits of paper, wrappings, remains of fruit, and any other such tiny matter discarded and left lying about;

“permitted waste” means waste, accepted at a landfill or transfer station, as specified in the First Schedule;

“plate” means a waste carrier’s registration plate;

“river” includes rivulets, streams and canals;

“transfer station” means a site specified in Part I of the Second Schedule;

“vehicle”–

(a) means a motor vehicle; and

(b) includes a trailer;

“waste” includes –

(a) anything which is discarded or otherwise dealt with as if it were waste; and

(b) any substance or article, other than hazardous waste, which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled;

“waste carrier” means –

(a) a vehicle in respect of which a waste carrier licence is issued; or

(b) a vehicle owned by the Government or a local authority for the purpose of transporting waste;

“waste carrier licence” means a licence issued under regulation 4;

“waste disposal site” means a site specified in Part II of the Second Schedule.

3. No person shall –

(a) deposit, cause or allow waste to be deposited at a place other than a transfer station or a waste disposal site, or any other site approved for that purpose;

(b) throw, drop or otherwise deposit or cause any litter in a street, road, drain, river or other public place other than in a space or bin specially provided for that purpose.

4. (1) No person shall carry waste of a weight in excess of 50 kilogrammes in a vehicle unless he holds a waste carrier licence in respect of that vehicle.

(2) A person who wishes to obtain a waste carrier licence shall make an application to the Minister in the form set out in the Third Schedule.

(3) (a) The Minister may, on payment of the fee specified in the Fourth Schedule, issue a waste carrier licence in the form set out in the Fifth Schedule on such conditions as he may determine.

(b) No fee shall be paid in respect of a vehicle owned by Government or a local authority.

5. No licence shall be issued –

(a) to any person who has previously been convicted of an offence over the last 2 years under –

(i) the Environment Protection Act and any regulations made under that Act;

(ii) these regulations;

(b) in relation to a vehicle not suitable for the purpose of carrying waste.

6. Where the Minister has reason to believe that the holder of a licence has failed to comply with a condition of his licence, he may, after giving the holder of the licence an opportunity to show cause in writing within a period of 30 days why his licence should not be revoked, revoke the licence.

7. (1) No person shall carry waste in a vehicle in such a way that the waste falls off or is likely to fall off the vehicle.

(2) No person shall allow any leachate to trickle from a vehicle on a public road by negligence, poor design or bad state of the vehicle.

8. (1) Any person who carries waste in a waste carrier shall affix or cause to be affixed a plate in a conspicuous position in front and at the rear of the carrier.

(2) A plate shall be a metal plate of at least 60 centimetres in length and
15 centimetres in height, bearing the word “WASTE” followed by the number of the licence covering the waste carrier, both the words and the figures being in red on a white background.

(3) No person shall affix, cause or permit to be affixed a plate –

(a) or anything that resembles a plate, on a vehicle other than a waste carrier;

(b) in such a way as to interfere with the registration plate issued under the Road Traffic Act or to obstruct any lights or visual warning signs of the vehicle.

9. The Minister may, in the public interest, dispense a person from compliance with regulation 4(1) or 10(1) for a maximum period of 7 days.

10. (1) Any person carrying waste of a total weight exceeding 50 kilogrammes in a waste carrier shall have in his possession a written authorisation from the Ministry to use a transfer station or a waste disposal site, or any other site approved by the Minister for that purpose.

(2) Every driver or person in charge of a waste carrier shall, on demand, produce the licence to an authorised officer.

(3) An authorised officer who, on reasonable ground, suspects that a vehicle, other than a waste carrier, is being used to carry waste, may stop the vehicle for verification.

11. (1) An authorised officer may, on reasonable suspicion that an offence is being or has been committed under these regulations, for the purpose of the enquiry or for production as evidence or exhibit in Court –

(a) seize the vehicle; or

(b) secure any article or sample of any article being carried on the vehicle.

(2) Where a vehicle carrying waste has been detained under paragraph (1), the owner of the vehicle or holder of the waste carrier licence shall cause the waste to be disposed of at a transfer station or waste disposal site, or any other site approved by the Minister for that purpose.

12. Where any person unlawfully deposits waste at a place other than a transfer station, a waste disposal site or any other site approved for that purpose, an authorised officer may –

(a) request that person to remove the waste unlawfully deposited within such time as he may determine; or

(b) cause the removal of the waste unlawfully deposited and recover from that person the expenses incurred for the removal of the waste.

13. (1) Any person who –

(a) contravenes these regulations;

(b) fails to comply with any condition of his licence,

shall commit an offence and shall, on conviction, be liable –

(i) for an offence under regulation 3(a) –

(A) in respect of a first offence, to a fine of not less than
5,000 rupees nor more than 15,000 rupees;

(B) in respect of a second or subsequent offence, to a fine not exceeding 25,000 rupees and to imprisonment for a term not exceeding 5 years;

(ii) for an offence under regulation 3(b) –

(A) in respect of a first offence, to a fine of not less than
500 rupees nor more than 2,000 rupees;

(B) in respect of a second or subsequent offence, to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding one year;

(iii) for an offence under any other regulation –

(A) in respect of a first offence, to a fine of not less than
1,000 rupees nor more than 5,000 rupees;

(B) in respect of a second or subsequent offence, to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding one year.

(2) The Court may, in addition to any penalty imposed under paragraph (1), order the forfeiture of any vehicle, object or thing used in the commission of the offence.

14. - 16. –

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FIRST SCHEDULE

[Regulation 2]

PART I – PERMITTED WASTE AT TRANSFER STATIONS

1. Commercial waste, which includes solid waste from offices, shops and premises for a trade or business

2. Condemned goods, which includes expired, damaged, contaminated and confiscated goods, but excluding chemical waste

3. Construction waste, which includes solid waste from construction activities (such as demolition, site formation, building, renovation etc.) and from construction waste recycling

4. Dewatered sludge, which comprises treated sludge from sewage and water treatment works, with water content not exceeding 70 per cent by weight, which may contain metals in the form of metal oxides (and to be subject to the hazardous waste provisions)

5. Domestic/household waste, which includes household junk waste, solid waste delivered from educational, community and public institutions

6. Incinerator ash, which comprises solid residues from waste and clinical waste incinerators

7. Industrial waste, which includes solid waste/residue from an industrial, manufacturing, processing undertaking but excluding commercial or chemical waste and waste which falls into other categories

8. Marine waste, which comprises solid waste, collected from marine waters and vessels, but excluding chemical waste

9. Market waste, which comprises solid waste from markets

10. Street/public cleansing waste, which comprises solid waste collected by Municipal City or Town Councils from streets, public places and public cleansing activities

11. Tannery waste, which comprises solid waste from tanneries comprising mainly tannery offcuts but excluding infectious materials

PART II – PERMITTED WASTE AT LANDFILL

Type 1 –

As per Part A of the First Schedule

Type 2 –

1. Abattoir waste, which includes solid and semi-solid waste, generated from abattoirs and slaughterhouses

2. Animal carcasses

3. Animal waste that comprises mainly solid manure and other waste generated by livestock

4. Any material contaminated with any congener of polychlorinated dibenzo-furan (and to be subject to the hazardous waste provisions)

5. Any material contaminated with any congener of polychlorinated dibenzo-p-dioxin (and to be subject to the hazardous waste provisions)

6. Cemented asbestos (and to be subject to the hazardous waste provisions)

7. Chemical waste containers, which comprise used or broken empty containers contaminated with chemical waste (and to be subject to the hazardous waste provisions)

8. Excremental waste, which is mainly night soil, sludge from septic tanks and aqua privies

9. Treated or stabilised livestock waste that is mainly spent litter and manure compost

10. Waste lead/acid batteries, which comprise discrete loads of, expired, damaged, off-specification or scrap batteries, mainly from manufacturers, suppliers and the scrap trade (and to be subject to the hazardous waste provisions)

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second SCHEDULE

[Regulation 2]

PART I – Transfer Stations

La Brasserie Transfer Station

Poudre d’Or Transfer Station

Roche Bois Transfer Station

St. Martin Transfer Station

PART II – Waste Disposal Site

Mare Chicose Landfill

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third SCHEDULE

[Regulation 4(2)]

Application form For Waste Carrier Licence

I, Mr/Mrs/Ms ......................................................................................................., residing
at .............................................................................................................................., hereby

apply for a waste carrier licence in respect of the following vehicle –

1. Type of vehicle Registration mark Max gross weight

............................... ..................................... ..........................................

2. Type of waste it is proposed to carry in the vehicle –

.......................................................................................................................................

3. I am the owner/lessee of the abovementioned vehicle.

4. I enclose a true and faithful copy of –

(a) a certificate of the National Transport Authority in relation to the vehicle;

(b) the deed of purchase showing my ownership of the vehicle/the lease agreement or other document relating to my title over the vehicle.

.............................. ..............................................................

Date Signature of applicant

5. In case of renewal, please state previous Waste Carrier Licence no. .....

State name and address of the owner of the vehicle if he is not the applicant.

Name ...................................................................................................................................

Address ...............................................................................................................................

Signature .............................................................................................................................

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Fourth SCHEDULE

[Regulation 4(3)]

FEES FOR WASTE CARRIER LICENCE

 

 

 

(Rs)

1. For one year

1,000

2. For one day

100

 

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fifth SCHEDULE

[Regulation 4(3)]

Waste Carrier Licence

A waste carrier licence is issued to Mr/Mrs/Ms ................................................................................................................................................... authorising the use as waste carrier of the vehicle bearing National Transport Authority registration number ................................................................

Conditions of waste carrier licence

1. The licence is valid for the period ........................ to ............... (one day/one year).

2. The waste carrier shall operate from .......................... hrs. to ............................ hrs.

3. The vehicle basket (open caisson) raised with metal sheeting shall .............................................................................................................................................................

4. The vehicle basket shall be covered with a proper tarpaulin during conveyance of waste.

5. The bottom of the vehicle basket shall be provided with an appropriate device to contain leachate.

6. The vehicle bears both in front and at the rear a metal plate of at least
60 centimetres in length and 15 centimetres in height, bearing the word “WASTE” followed by the number ...............................................................................................

The word and the figures shall be in red on a white background.

7. This licence is valid for the haulage of –

Type A Waste

(Bulky) .....................................................................................

Type B Waste

(Construction and demolition) ..............................................

Type C Waste

(Green) ....................................................................................

Type D Waste

(All other wastes excluding A, B, C and hazardous) ...........

 

8. The waste carrier shall carry in a single trip only one type of waste, as specified in paragraph 7.

9. The waste carrier shall always be maintained in a clean and proper state.

 

.................................... .........................................................

Date Permanent secretary

Ministry of Local Government

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