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National Solid Waste Management Authority Act 1995

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No. 10 of 1995. The National Solid Waste Management 1 ANTIGUA
Authority Act 1995. AND


[ L.S. ]

I Assent,

James B. Carlisle,
Govemr General.

9th November, 1995.


No. 10 of 1995

AN ACT to establish the National Solid Waste Management
Authority with responsibility for solid waste, storage, collec-
tion, treatment and disposal; and for matters incidental and
connected therewith.

[ 16th November, 1995 ]

ENACTED by the Parliament of Antigua and Barbuda as

1. This Act may be cited as the National Solid Waste Manage- Short title.
ment Authority Act 1995.

2. In this Act, Interpretation.

"Authority" means the National Solid Waste Management
Authority established under section 3;

"Chairman" means the Chairman of the Authority and
includes any person for the time being performing the
functions of Chairman;

"Central Board of Health'' has the meaning assigned to it
under the Public Health Act; Cap. 353.

"Minister" means the Minister responsible for the subject
of solid waste;



Establishment of
the Authority.


Power of the
Authority to

Functions of the

2 The National Solid Waste Management No. 10 of 1995.
Authority Act 1995.

"solid waste" means residential, industrial, commercial,
institutional, ship-generated and special waste;

"special waste" means waste which require special han-

3. (1) There is established a body corporate to be called the
National Solid Waste Management Authority.

(2) The provisions of the Schedule have effect with respect to
the constitution, members, committees, procedure and meetings
of the Authority and otherwise in relation thereto.

4. Subject to the provisions of this Act, the Authority may
delegate to any member or committee of the Authority the power
to carry out on its behalf such functions as the Authority may
determine, subject to the approval of the Minister.

5. The duties of the Authority are -

(a) to provide storage fa.cilities for solid waste;

(b) to procure equipment for the collection, transporta-
tion and disposal of solid waste;

(c) to provide collection and storage facilities at ports,
harbours and anchorages for the reception of ship-
generated wastes;

(d) to procure the equipment necessary to transport the
ship-generated waste to the final disposal site;

(e) to convert existing dumps into sanitary landfill sites;

V) to develop andmanage new sanitary landfill sites and
other disposal methods;

(g) to provide facilities for the treatment and disposal of
medical and hazardous wastes:

(h) to introduce measures to encourage recovery of
recyclable items from soIid waste;

(i) to introduce cost recovery methods for services
provided by the Authority;

No. 10 of 1995. The National Solid Waste Management 3 ANTIGUA
Authority Act 1995. AND


0) to prepare plans and programmes to address the
problems of solid waste management in Antigua and

(k) to manage and direct the implementation of the
OECS Management Waste Project and any other
regional and international project activities.

6. (1) The Minister may after consultation with the Chairman Directions as to
give to the Authority such directions in writing as to policy to be Policy.
followed by the Authority in the performance of its functions as
appear to the Minister to be necessary in the public interest.

(2) The Authority shallgive effect toany dict ion givenby the
Minister under sub-section (1).

7. In the performance of its functions the Authority shall Application of
comply with the provisions of the Public Health Act andany other
Act relating to public health and the environment. Cap. 353.

8. The funds and resources of the Authority shall consist of - Funds and
resources of the

(a) such sums as may be provided by the Government for
the purpose;

(b) any loan or grant made to the Authority by the
Government or, with the approval of the Minister, by
a person, body or international organization;

(c) such sums as may from time to time accrue to the
Authority on account of payments, fees, charges, rent
and interest for services provided;

(d) all other monies and other property which may in any
mannerbecome payable to, or vestedin the Authority
in respect of any matter incidental to its functions;

(e) monies borrowed by the Authority pursuant to sec-
tion 9 for h e purpose of meeting any of its obliga-
tions or performing any of its functions.

9. (1) Subject to the provisions of subsection (2), the authority Borrowing powers.
may borrow monies required by it for meeting any of its obliga-
tions or performing any of its functions.



Accounts and

Annual report.

Disclosure of

Rotection of

4 The National Solid Waste Management No. 10 of 1995.
Authority Act 1995.

(2) The power of the Authority to borrow under section 8 (e)
shall be exercisable only with the prior approval of the Minister
responsible for f m c e .

10. (1) The Authority shall keep accounts of its transactions to
the satisfaction of the Minister and such accounts shall be audited
annually by such persons as the Authority, with the approval of
the Minister, may appoint.

(2) Nothing in subsection (1) shall prevent the Diector of
Audit from exercising the powers conferred upon him under
section 9 (2) (b) of the Constitution or any other law.

11. (1) The Authority shall prepare and present an annual
report to the Minister within four months after the expiration of
its financial year.

(2) The annual report shall contain the activities of the
Authority during its last financial year and must include a
statement of its audited account in accordance with the provisions
of section 10.

(3) The Minister shall as soon as possible after receiving any
report in accordance with subsection (I), lay acopy thereof before
the House.

(4) Copies of the Authority's annual report shall be published
in the Gazette.

12. A member of the Authority who is directly or indirectly
interested in a contract made or proposed to be made by the
Authority -

(a) shall disclose the nature of his interest at a meeting
of the Authority, and

(b) shall absent himself from that part of the meeting of
the Authority with respect to the contract.

13. (1) No member of the Authority shall be personally liable
for any act or default of the Authority done or omitted to be done
in good faith in the course of the operation of the Authority.

(2) Where any member of the Authority is exempt from
liability by reason only of the provisions of this section the

No. 10 of 1995. The National Solid Waste Management 5 ANTIGUA
Authority Act 1995. AND


Authority is liable tothe extent that it would be if any member was
a servant or agent of the Authority.

14. The Minister may after consultation with the Authority Regulations.
make Regulations for the proper carrying out of the provisions
and purposes of this Act and without prejudice to the generality
of the foregoing make Regulations -

(a) developing administrative procedures to govern the

(b) prescribing haulage fees for maritime, industrial,
institutional and commercial waste;

(c) prescribing timing fees at landfill sites;

(d) designating the opening or closing of solid waste
disposal sites;

(e) concerning the frequency of solid waste collection
and type of waste collected.

15. This Act comes into force on such date as the Minister may Commencement.
appoint by notice published in the Gazette.


1. (1) The Authority consists of the following members - Constitution of the

(a) a Chairman to be appointed by the Minister;

(b) the Town and Country Planner, ex oflcio;

(c) the Chief Health Inspector, ex ofJicio;

(d) a senior representative from the Ministry of Finance;

(e) an environmental engineer;

If) two members, being persons not in the Public Ser-
vice, appointed by the Minister.

(2) Every member of the Authority appointed by the Minister
shall, subject to the provisions of this Schedule, hold office for




Revocation of

Regulate own

Appointment of
officers, servants
and agents.

Transfer of public

6 The National Solid Waste Management No. 10 of 1995.
Authority Act 1995.

such period not exceeding three years as the Minister may direct
and shall be eligible for re-appointment.

(3) Every member of the Authority appointed by the Minister
shall be appointed by instrument in writing and published in the

2. (1) The Chairman and three other members shall form a

(2) In the case of an equality of votes on any question at a
meeting the Chairman shall have a casting as well as a delibera-
tive vote in respect of that question.

3. The Minister may at any time revoke the appointment of any
member of the Authority if he thinks it is expedient to do so.

4. Subject to the foregoing provisions of this Schedule the
Authority shall have the power to regulate its own proceedings.

5. (1) The Authority may appoint and employ at such remu-
neration and on such terms and conditions as it thinks fit an
executive director, a secretary and such other officers, servants
and agents as it thinks necessary for the proper performance of its

(2) Notwithstanding subsection (1) -

(a) no person shall be appointed executive director
without the prior written approval of the Minister;

(b) no salary in excess of such sum as the Minister may
determine and notify in writing to the Authority shall
be assigned to any post without the prior approval of
the Minister;

(c) no appointment to any post to which a salary, hono-
rarium, or allowance is assigned shall be made
without the prior approval of the Minister.

6. (1) The Governor-General or the Public Service Commis-
sion, as the case may be, may subject to such conditions as may
be imposed, approve of the appointment of any public officer to
any office with the Authority.

No. 10 of 1995. The National Solid Waste Management 7 ANTIGUA
Authority Act 1995. AND


(2) Where any member of the public service is appointed to the
Authority, that public officer so appointed shall, in relation to
pension, gratuity or other allowances and rights as a public
officer, be treated as continuing in the service of the Government
of Antigua and Barbuda.

7. The Authority may appoint a sub-committee or co-opt any Sub-committees of
one or more persons to attend meetings of the Authority for the the Authority.
purpose of assisting or advising the Authority, but no such co-
opted person shall have any right to vote.

Passed the House ofRepresentatives this Passedthe Senate this 31st day
26th day of October, 199.5. of October, 1995.

B. Harris,

M. Percival,

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Pxlnted at the Government hnting Office, Antigua and Barbuda,
by Rupert Charity, Government Printer

- By Authority, 1995.
1000-1 1.95 [ Price $2.95 1