Legal Document

Title: The Natural Resources (Hazardous Waste) (Control of Transboundary Movement) Regulations, 2002
Type: Regulation
Issuing Agency: Ministry of Justice
Responsible Agency: National Environment and Planning Agency (NEPA)
Issuing Date: 27-12-2002

 

The Natural Resources Conservation Authority Act

The Natural Resources (Hazardous Waste) (Control of Transboundary Movement) Regulations, 2002

 

The Natural Resources (Hazardous Waste) (Control of Transboundary Movement) Regulations, 2002 include provisions relating to the import, export and transit of hazardous waste into/ from/ through all areas under Jamaica’s jurisdiction. This Regulation is administered by the National Environment and Planning Agency (NEPA) and provides the legal framework within the Agency, in collaboration with the relevant public sector agencies, regulates the transboundary movements of hazardous wastes.

The purpose of The Natural Resources (Hazardous Waste) (Control of Transboundary Movement) Regulations, 2002 is to:

  • promote the environmentally sound management of hazardous wastes from generation to recovery/ recycling/ disposal;

  • facilitate a system whereby the competent authority/ authorities of the transit States, if any, and the Import State are notified of an intended movement of hazardous waste from Jamaica and receipt of written responses to such notifications;

  • facilitate the receipt of and response to notifications from competent authorities for the transit of hazardous waste through Jamaica’s jurisdiction;

  • ensure that the transboundary movements of hazardous wastes are completed in accordance with internationally recognized norms and standards and that the necessary financial coverage is in place to compensate for damages to the environment which may arise as a result of such movements; and

  • ensure that generators/exporters take responsibility for the transportation and handling of their wastes from generation to recovery/recycling/disposal

The First and Second Schedules of the Regulations outline the categories of wastes to be controlled, for example, wastes from the production, formulation or use of photographic chemicals or processing materials, used oil and used lead acid batteries as well as wastes having constituents such as heavy metals and their compounds (e.g. mercury; mercury compounds, lead, cadmium; cadmium compounds, arsenic, thallium), inorganic cyanide and phenols. The Third Schedule lists the characteristics which indicate wastes as being hazardous, that is explosive, toxic (delayed or chronic), eco-toxic, infectious, poisonous (acute), flammable, oxidizing and corrosive. The Fourth Schedule constitutes two Parts – Part A, Operations which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternative uses and Part B, Operations which may lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternative uses may not lead to resource recovery, recycling, reclamation, direct re-use or alternative uses. The Fifth Schedule comprises the Application, Notification and Movement Forms as well as the permits for the transit and export of hazardous waste.

 

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List Measures/Standards

Name Description Status Measures/Standards Measure Class
Requirement for the Permit of the Export of Hazardous Substances A Permit of the Export of Hazardous Substances must be obtained from the National Environment and Planning Agency (NEPA) prior to the exportation of hazardous substances. All exportation of hazardous substances requires a Permit of the Export of Hazardous Substances under the law- the National Resource (Hazardous Waste) Control of Transborder Movement Regulation2002. Active Measure Goods
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