THE TRADE ACT

THE TRADE (SCRAP METAL) REGULATIONS, 2013

In exercise of the power conferred upon the Minister by sections 8 and 18 of the Trade Act, the following Regulations are hereby made:- 

Preliminary

1. These Regulations may be cited as the Trade (Scrap Metal) Regulations, 2013.

 2. In these Regulations – "approved exporter" means an exporter approved under section 5 of the Jamaica Promotions Corporation Act; "authorized officer" means –

 (a) any member of the Jamaica Constabulary Force, the Island Special Constabulary Force, the Rural Police or the Jamaica Defence Force;

 (b) any public officer designated as a Marine Officer under the Exclusive Economic Zone Act;

 (c) any officer of the Factories Corporation of Jamaica designated as an authorized officer for purposes of these Regulations; and

(d) an inspector, and includes any other person acting in the aid of such person acting in the execution of his office or duty; "bale" means pack scrap metal in drums or other containers, compress scrap metal, or bind or

 hold scrap metal together by cordage, metal straps, canvas rope or other material; "carrier permit" or "permit" means a scrap metal carrier permit issued under regulation 12(3)(a);

"consignment" means any quantity of scrap metal intended for export; "deal" in relation to scrap metal –

 (a) includes buy, receive or otherwise acquire, and sell or otherwise dispose of, scrap metal in the way of trade or business, whether by way of barter, pledge or otherwise, and whether as principal or agent; but 

(b) does not include a transaction relating to scrap metal which, by reason of the circumstances thereof, the parties thereto or the nature or quantity of the scrap metal involved therein, is an isolated transaction inconsistent with any form of dealing in scrap metal in the way of trade or business;

"equipment" includes machines, machinery, fixed or movable devices, implements, apparatus, utensils, appliances, attachments, fittings and fixtures, gears, gadgets, tackles, accessories, and contraptions; 

"export license" means an export license granted under regulation 12(3)(a); "functions" includes powers and duties; “industrial scrap metal" means scrap metal that is generated through the manufacturing process or  through the retirement of machinery, equipment destruction or renovation of buildings and industrial waste; 

"inspector" means any person designated by the Minister as an inspector under regulation 24;

 "inspector" means any person designated by the Minister as an inspector under regulation 24;

“itinerant dealer” means a person who — (a) carries on business as a scrap metal dealer otherwise than at a site; and(b) regularly engages, in the course of that business, in collecting scrap metal and waste materials and old, broken, worn out or defaced articles by means of visits from door to door;

"licensed scrap metal storage facility" means a scrap metal storage facility operated by a licensee;

"licensed scrap metal storage facility" means a scrap metal storage facility operated by a licensee;

"licensee" means the holder of a licence or permit to carry on business as a scrap metal exporter, an operator of a scrap metal storage facility or as a scrap metal dealer;

"multiple-user site" means a site approved by the Minister to be used for the processing and loading of scrap metal that is to be exported;

"operator" means the owner or person in charge or responsible for the operation of a licensed scrap metal storage facility;

"operating certificate" means a certificate issued by the Minister signifying that a person is a licensee;

"scrap metal" - (a) includes any old metal, second-hand metal, discarded metal, broken metal, defaced or old metal goods (including machinery and plant), whether wholly or partly manufactured, and any metal which is the property of the Government of Jamaica whether ferrous, non-ferrous or Ferro- alloyed; but (b) does not include gold, silver or metals of the platinoid group;

"scrap metal dealer" means a person who carries on the business of buying or selling scrap metal, whether scrap metal sold is in the form in which it was bought or otherwise;

"scrap metal exporter" means a person who exports scrap metal;

"scrap metal storage facility" means any premises in which scrap metal is collected, sorted, processed, received or stored;

"shipment certificate" means a certificate issued by the Minister authorizing the export of a consignment;

"specified scrap metal" means the scrap metal specified in the First Schedule;

"stolen property" means – (a) property the possession whereof has been obtained by theft, extortion, robbery, false pretense or fraud; (b) property which has been misappropriated  or in respect of which a criminal breach of trust or cheating has been committed, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or outside Jamaica, but does not include such property comes into the possession of a person legally entitled to the possession thereof subsequently.

3. – (2) The exportation of the following metals, whether scrap metal or otherwise, is restricted –

(a) any irrigation pipes for use in agriculture;

(b) any rail, switch component, spike, angle bar, tie plate or bolt of the type used in constructing railroads;

(c) any copper wire, bar, rods or tubing, including copper wire or cable or coaxial cable of the type used by telecommunication service providers, whether wireless or wire, copper air conditioner, evaporator coil or condenser, aluminum copper radiators not attached to a motor vehicle or forming part of a motor vehicle or any combination thereof; and 

(d) beams, bridges and man-hole covers.

(2) Except with the written permission of the Minister, a person shall not export or enter for export any metal specified in paragraph (1). 

(3) Subject to paragraph 4, the exportation of scrap metal is prohibited. 

(4) A person who contravenes paragraphs (1), (2) and (3) commits an offence. 

4. - (1) Notwithstanding the provisions of regulation 3 and subject to paragraph (2), a person may export any specified scrap metal.

 

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