Asphalt Industry Regulation

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/87.50.pdf

Asphalt Industry Regulation
ASPHALT INDUSTRY REGULATION ACT

CHAPTER 87:50

LAWS OF TRINIDAD AND TOBAGO

Act
10 of 1906

Amended by
19 of 1948
45 of 1979

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–17 ..

L.R.O. UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 87:50 Asphalt Industry Regulation

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

Note on Adaptation

Certain fees in this Chapter were increased by the Commission under paragraph 4 of the Second
Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal reference in the
form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by which
the President’s approval was signified).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Asphalt Industry Regulation Chap. 87:50 3

CHAPTER 87:50

ASPHALT INDUSTRY REGULATION ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Application of Act.
3. Interpretation.
4. Powers of Inspector.
5. Obstructing Inspector.
6. Regulations.
7. Expenses of working Act.
8. President may declare asphalt-bearing land.
9. No digging without notice.

Certificate of entry of notice.
Particulars to be given in notice.
Revocation of notice.
Lapse of notice.
Termination of notice.
Forms of notice, etc.

10. Application for permit.
11. Notice of termination of digging.
12. Application for certificate of loss of material.
13. Notice of application for certificate of loss.
14. Procedure for granting certificate of loss.
15. Issue and effect of certificate of loss.
16. No injunction to restrain digging, etc., under permit.
17. No action for loss of asphalt due to operations under permit.
18. Saving certain rights of action.
19. Proceedings under State Lands Act.
20. Applicant for permit to enter into bond.
21. Mining Register.
22. Penalties for offences.
23. Rules of Court.
24. Plan of La Brea.
25. Application to Pitch Lake.

FIRST SCHEDULE.
SECOND SCHEDULE.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

4 Chap. 87:50 Asphalt Industry Regulation

CHAPTER 87:50

ASPHALT INDUSTRY REGULATION ACT

An Act to regulate the carrying on of the Asphalt Industry.

[11TH MAY 1906]

1. This Act may be cited as the Asphalt Industry
Regulation Act.

2. This Act shall apply to the Island of Trinidad.

3. In this Act—
“agent” means any person appointed as the representative of the

owner, notification of such appointment having been given
in writing by the owner to the Inspector;

“Inspector” means a public officer appointed as such by the
Minister by Notification for the purposes of this Act;

“owner” means any person or body corporate who is the
immediate proprietor or lessee or occupier of any asphalt-
bearing land, and does not include a person or body corporate
who receives a royalty, rent or fine from or is the proprietor
of such land subject to any lease or grant for the working
thereof, or is the owner of the soil and not interested in the
asphalt thereof;

“regulations” means the regulations contained in the First
Schedule or any regulations made under section 6, and for
the time being in force.

4. The Inspector shall have power to do all or any of the
following things:

(a) to make such examination and enquiry as may be
necessary to ascertain whether the provisions of
this Act and the regulations are complied with;

(b) to enter, inspect and examine any land upon or in
which any digging operations are being carried

1950 Ed.
Ch. 26. No. 10.
10 of 1906.
Commencement.

Short title.

Application
of Act.

Interpretation.
[45 of 1979].

First Schedule.

Powers of
Inspector.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Asphalt Industry Regulation Chap. 87:50 5

on under this Act at all reasonable times by day
and night, but so as not to impede or obstruct such
digging operations;

(c) to exercise such powers as may be necessary for
carrying this Act and the regulations into effect;

(d) to delegate any of the powers exercisable by him
under this Act to assistants duly appointed hereunder.

5. Every person who wilfully obstructs the Inspector or
any of his assistants in the execution of his or their duty, and
every owner, agent or servant who refuses or neglects to
furnish to the Inspector or his assistants the means necessary
for the making of any entry, inspection, examination or enquiry
in relation to any diggings being carried on under this Act is
guilty of an offence.

6. (1) Subject to affirmative resolution of Parliament, the
Minister may make Regulations for carrying into effect the
provisions of this Act and, without prejudice to the generality of
this provision, may prescribe the procedure for the application for,
and the granting of, permits under section 10 and regulate the
manner of digging of asphalt.

(2) The Regulations contained in the First Schedule and
the forms contained in the Second Schedule shall have effect as if
they were made and prescribed under subsection (1).

7. The costs and expenses of the inspection and control hereby
authorised, shall be defrayed out of moneys provided by Parliament.

8. The President may declare any land within Trinidad
to be asphalt-bearing land; any land so declared shall be
described in such declaration. The term “asphalt-bearing land”,
when used in this Act, shall signify the land or any part of the
land so described.

9. (1) No excavations or digging operations shall be begun or
carried on in asphalt-bearing land save after notice to commence, in
writing, given to the Inspector and in accordance with the terms of such

Obstructing
Inspector.

Regulations.
[45 of 1979].

First Schedule.

Second
Schedule.

Expenses of
working Act.

President may
declare asphalt-
bearing land.

No digging
without notice.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

6 Chap. 87:50 Asphalt Industry Regulation

notice. Such notice when received by the Inspector shall be entered in
the Mining Register, shall bear date as of the day when it is so entered,
and shall be given by the owner of the land in which the digging
operations are to be carried on or by his agent, and not otherwise.

Such notice shall not be deemed in any Court whatever to be
presumptive evidence of ownership of the land therein specified.

The commencement or carrying on of excavations or digging
operations in contravention of this section is an offence against this Act.

(2) The owner or his agent who gives notice to commence
may at any time obtain from the Inspector a certificate of the entry
of such notice in the Mining Register and of the date of such entry.
However, the Inspector shall not be required to issue any such
certificate in respect of any notice which may have been determined
by notice of termination of the digging operations, or may have
been cancelled in the Register; also the Inspector shall not be
required to issue more than one such certificate in respect of any
one notice, save upon payment of a fee of ten dollars (payable in
stamps) in respect of every such certificate in addition to the first.

(3) Such notice to commence shall describe the land to
be excavated, and shall certify that the boundaries within which
the operations are to be confined have been duly marked out, and
shall fix the period within which digging shall be commenced,
which period shall be not less than thirteen and not more than
twenty-one clear days after the date of the notice, unless, for good
cause shown, the Inspector thinks fit to shorten the period.

(4) Such notice to commence may, at any time before
digging operations are begun, be revoked by the owner of the land
or his agent; or if the notice relates to more than one parcel of land
owned in severalty, the notice may be revoked by any one of the
several owners or his agent so far as his parcel of land is concerned.

(5) Where either such notice to commence is revoked or the
time for the commencement for digging operations has expired before
such operations have been commenced, the notice shall be deemed to
have lapsed and an entry thereof shall be made in the Mining Register.

(6) The owner or agent who has given notice to commence
as mentioned above may, within seven days after completing
digging operations, give in writing notice of termination to the

Certificate of
entry of notice.
[51/1980].

Particulars to be
given in notice.

Revocation of
notice.

Lapse of notice.

Termination of
notice.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Asphalt Industry Regulation Chap. 87:50 7

Inspector. Upon receiving notice of termination the Inspector shall
forthwith enter the same in the Mining Register, and the entry shall
determine the notice to commence in respect of the digging in
question. So long as any notice to commence remains undetermined
and unrevoked, the giver of the notice shall, for all purposes and
in all Courts, be deemed to be continuing digging operations. A
certificate of entry of notice of termination may be obtained in
like manner as a certificate of entry of notice to commence.

(7) The notices and certificates provided for in this section
shall be in the forms 1, 2, 3, and 4 in the Second Schedule.

10. Any owner of asphalt-bearing land or his agent may at
any time apply to the Inspector for a permit to dig asphalt in
accordance with the provisions of this Act. Such application shall
be according to Form 5 and such permit if granted shall be
according to Form 6 in the Second Schedule, and such applications
and permits shall be made and issued under the Regulations, which
shall be observed by every person digging by virtue of a permit
and by all persons employed by him or under his superintendence.

11. (1) Not less than seven days after the termination of each
and every digging operation conducted by virtue of a permit, the
holder of the permit shall give notice in writing of the termination
of the digging to the Inspector. The notice shall specify the date
upon which the digging operations have terminated.

(2) Entry of such notice shall be made in the Mining
Register, and a certificate of the entry shall be obtainable in like
manner as described in section 9.

(3) All issues and determinations of permits shall be
published in the Gazette.

12. Any owner or agent of asphalt-bearing land out of which
material, whether asphalt or other constituent of the soil, passes in
consequence of any excavation, whether conducted by virtue of a
permit or otherwise, may apply to the Inspector for a certificate of
the quantity of material lost to such complaining owner by reason

Forms of notice,
etc.
Second Schedule.

Application for
permit.

Forms 5,6.

Second
Schedule.

Notice of
termination of
digging.

Application for
certificate of
loss of material.
[51/1980].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

8 Chap. 87:50 Asphalt Industry Regulation

of the excavation, as provided below. Every such application shall
be made not later than thirty days after the date of the termination
of the digging, and, unless made by an officer of the State in respect
of State lands, shall bear stamps to the value of one hundred dollars.

13. The complaining owner or his agent shall, at a date not
later than six days from the date of his application for such a
certificate as mentioned above, give notice in writing of the
application to the person affected thereby. The notice may be sent
by post, and shall be deemed to be duly given, if within the space
of six days hereby limited a prepaid letter containing the notice
and directed to such person at his registered address is delivered to
the Post Office. The High Court may, at any time for good cause
shown, extend the time for giving the notice. No proceedings shall
be taken on any such application unless and until notice thereof
has been given to the person to be charged in such proceedings.

14. The Inspector, upon receiving an application as mentioned
above, shall appoint the earliest convenient day for the
consideration of the same and shall give notice of the appointment
to the applicant and to the person affected thereby, and he may, by
notice to the parties, from time to time adjourn the consideration
or vary the appointment at his discretion. The Inspector or a member
of the Petroleum Ministry deputed by him in that behalf shall visit
and inspect the land in question and shall measure up and determine
the volume of depression, if any depression is caused. The Inspector
may, if he considers it necessary, hear the parties in difference
before arriving at his decision, but no costs of attendance before
the Inspector shall in any case be awarded to any party.

15. The Inspector, if he is satisfied that the digging operations
complained of have unduly depleted any asphalt-bearing land,
shall issue a certificate to that effect, notice of which shall be
given to the parties in difference, and which certificate shall
contain a statement of the quantity of material which has been
lost to the complaining owner by the undue depletion, and of the
properties into which it has so passed. The certificate when issued
shall have the same effect as an award by an arbitrator upon a

Notice of
application for
certificate of
loss.

Procedure for
granting
certificate
of loss.

Issue and effect
of certificate of
loss.
[51/1980].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Asphalt Industry Regulation Chap. 87:50 9

submission in which the allegation that the land claimed by the
complaining owner is asphalt-bearing land, the allegation that
the disturbance complained of was caused by the operations of
the owner complained against or his agent, and the quantity of
the material lost to the complaining owner were matters in
question between the parties, and on these points the certificate,
when granted, shall be final and conclusive between the parties.
The complaining owner in whose favour such a certificate is
granted shall be entitled, subject to establishing his title to the
land specified in the certificate as the land from which the material
has been caused to pass, to recover a quantity of good
merchantable asphalt equal to the quantity of material so certified,
to be delivered to him free of cost at such place at La Brea, within
reasonable distance of the excavation, as the Inspector or the
High Court may direct, or he may, at his option, recover payment
for the same at the current price of asphalt at La Brea.

However, the Court may order the payment of damages in
respect of the disturbance complained of instead of the restitution
of asphalt in kind. If the complaining owner recovers under any
such certificate a sum of not less than one hundred dollars or
asphalt to that value at the least, he shall be entitled to recover, in
addition thereto, the further sum of one hundred dollars by way
of reimbursement in respect of stamps, unless an order to deprive
him thereof is specially made by the Court. But in any other case
he shall not recover anything in respect of the stamps affixed to
is application as mentioned above.

16. No injunction shall be granted nor any proceedings had
upon any injunction heretofore granted by the High Court to
restrain any digging or removal of asphalt from land, which
digging or removal is carried on by virtue of a permit, unless it
is proved that the digging has been conducted in contravention
of the permit.

17. No action for loss of asphalt or other constituent of the
soil resulting from digging operations, conducted in accordance
with a permit, shall lie unless founded upon a certificate issued by
the Inspector under section 15.

No injunction to
restrain digging,
etc., under
permit.

No action for
loss of asphalt
due to
operations under
permit.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

10 Chap. 87:50 Asphalt Industry Regulation

18. Nothing contained in this Act shall be construed to deprive
any person of any right of action accruing to him—

(a) by reason of any excavation unlawfully conducted
on the land of such person; or

(b) in respect of any damages or loss occasioned to
him by reason of any excavation in land adjacent
to or in the neighbourhood of his land, conducted
otherwise than in accordance with the provisions
of this Act.

19. No proceedings shall be taken under the State Lands Act
against any person in respect of any digging operations conducted
under the provisions of this Act.

20. (1) Any owner of asphalt-bearing land or his agent
desiring to obtain a permit shall enter into a bond with one or more
sureties to be approved by the Comptroller of Accounts in the sum
of one thousand two hundred dollars for the due observance of
this Act and of the regulations in respect of all diggings to be carried
on by him or under his authority by virtue of the permit.

(2) Such bond shall be given to the Inspector and his
assigns and may be enforced by him by action brought in his official
name, and shall be in the Form 7 in the Second Schedule.

(3) Whenever, by reason of the death, departure from
Trinidad and Tobago, or bankruptcy of any party to any bond given
as mentioned above, the bond shall, in the opinion of the Comptroller
of Accounts (to be signified in writing to the Inspector), become an
insufficient or unsatisfactory security, the Inspector may thereupon,
by notice in writing, require the owner or his agent to enter into a
new bond by a date to be limited in the notice, and if such new bond
is not given accordingly the permit shall, upon the expiration of the
time so limited, be suspended until the notice is complied with.

(4) The owner or his agent may at any time give notice
of his desire that the bond should be discharged. From the date
of the notice any permit held by virtue of the bond shall lapse,
and thirty days thereafter the bond may be discharged, and shall

Saving certain
rights of action.

Proceedings
under State
Lands Act.
Ch. 57:01.

Applicant for
permit to enter
into bond.

Form 7.
Second
Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Asphalt Industry Regulation Chap. 87:50 11

be so discharged unless complaint has been laid of loss of asphalt
or other constituent of the soil in respect of any digging by
virtue of the permit. If any such complaint has been laid, the
bond shall remain in force until the complaint in question has
been decided.

21. There shall be kept at the office of the Inspector a book
called the Mining Register, wherein shall be entered—

(a) entry of all notices required by this Act and the
regulations;

(b) dates of receipt of notices;
(c) addresses of owners and agents;
(d) particulars of permits.

22. Every person who is guilty of an offence under this Act or
the Regulations is liable on summary conviction to a fine of one
thousand dollars for each offence.

23. The Rules Committee established by the Supreme Court
of Judicature Act, may make Rules of Court prescribing any matter
of procedure that is necessary or expedient for the purposes of any
of the provisions of this Act.

24. The plan prepared by H. J. Massy under and in accordance
with the provisions of the La Brea Survey Ordinance 1905, dated
31st July 1907, and approved by the then Legislative Council on
1st February 1909, and any copy thereof certified to be a true copy
by the Director of Surveys, shall be admissible in evidence in all
Courts, and shall be conclusive evidence of the boundaries of the
lots and the lines of the roads and streets shown thereon.

25. The provisions of this Act shall not apply to the area of the
Pitch Lake leased by deed of Concession dated 12th July 1888,
and made between Her Majesty the Queen of the one part and
Joseph Weedon Previté, Henry Alfred Greig, and the New York
and Trinidad Asphalt Company of the other part, during the
continuance of such lease or of any extensions thereof, but shall
apply thereto immediately after the expiration or sooner

Mining Register.

Penalties for
offences.

Rules of Court.
Ch. 4:01.

Plan of La Brea.

Application to
Pitch Lake.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

12 Chap. 87:50 Asphalt Industry Regulation

determination thereof. [NOTE.—Lease extended by Deed dated
19.2.1925 in favour of Trinidad Lake Asphalt Limited, for a term
expiring on 31.1.1951.—Registered No. of Deed, 503 of 1925; and
further extended by Deed registered No. 99 of 1946 for a term
expiring on 31.1.1956].

Deed registered No. 3572 of 1949 assigned to The Trinidad Lake
Asphalt Company (1949) Limited the residue of the term then
unexpired and also extended the term to expire on 31st January
1956. The Lease was further extended by Deed registered No. 6498
of 1950 for a term expiring on 31st January 1986.

FIRST SCHEDULE

REGULATIONS

The following regulations shall apply to all diggings conducted by virtue of
a permit issued under section 10 of this Act:

1. (1) All proposed excavations must be marked out on the ground before
any digging operations are commenced, and the marks approved by the Inspector.
The extreme line shall in no case be within two feet of the limit of the boundaries
of the property within which the excavation is to be made; and for this purpose
adjacent lots shall, when they are in the possession for the purpose of excavation
of one owner or his agent, be deemed to be one property.

(2) Any person who knowingly removes any marks placed for the
purpose of marking out any digging after they shall have been approved by the
Inspector is guilty of an offence against this Act.

2. (1) Any owner or his agent may make his application to the Inspector
for a permit to dig, upon a printed form in which the terms and conditions of the
proposed permit shall be clearly set out, that is to say, the application shall state—

(a) the boundaries of the land on which the excavation is to
be made;

(b) the boundaries of the proposed excavation, such boundaries
having been previously marked out by means of pegs not less

Section 6.

Excavations
must be marked.

Application for
permit to dig.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Asphalt Industry Regulation Chap. 87:50 13

than 3 inches in diameter, and projecting not less than 18 inches
above the surface of the soil and penetrating 18 inches below
the surface of the soil;

(c) the depth to which the proposed excavation is to be carried;
(d) the approximate total weight of material proposed to be

extracted from the said property;
(e) the date, not being less than fourteen days from the date of

application, at which the applicant is to be at liberty to
commence operations, and the time within which he will
undertake to finish operations under the permit; and

(f) any special terms which the applicant desires to have inserted
in the permit.

(2) The application shall contain a general notice that persons
interested in opposing the issue of the permit may lodge with the Inspector
notice of their opposition and the grounds thereof, within seven days of the date
of the receipt of the application by the Inspector.

(3) The application shall be drawn up in the Form 1 in the Second
Schedule, or in such other form as the Inspector may approve, and shall be
furnished in duplicate to the Inspector, one of such duplicate forms at least
being signed by the applicant.

(4) The Inspector shall forthwith, on receipt of the application, cause
to be entered the date of its receipt by him upon the two copies thereof, and
shall cause one copy of the application to be affixed for public notice in a
conspicuous place for that purpose provided at La Brea.

(5) If no opposition is notified, the Inspector, immediately upon the
expiration of seven days from the date on which the application was received
by him, shall proceed to settle the terms upon which the permit shall be granted,
or if he decides to refuse the said permit, he shall give notice to the applicant to
that effect and of his reasons for the refusal. In such case the permit or notice of
its refusal shall be given to the applicant at most within three days from the
expiration of the said seven days.

(6) If opposition is notified, the Inspector may, in his discretion, issue
a permit on such terms as he considers fit, or he may refuse the permit on the
grounds of the said opposition, or he may appoint a time for hearing the applicant
and the opponent or opponents, such appointed time to be not later than seventeen
days from the date of the receipt of the application.

(7) After hearing the parties, the Inspector shall forthwith, and in any
case within three days, decide upon the issue or refusal of the permit, and shall
issue or refuse it accordingly.

(8) No refusal of any application shall be held to prejudice the
consideration of a fresh application in respect of the same property by the same
or by any other applicant.

(9) A permit when issued shall be in writing, and may be in the Form 6
in the Second Schedule. Until the issue or refusal of such a permit, no digging

Second
Schedule.

Second
Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

14 Chap. 87:50 Asphalt Industry Regulation

operations or excavations shall be commenced on the land for which a permit
has been applied for. The Inspector may, for good cause shown, extend the time
within which the digging operations shall be concluded.

3. The permit given for any excavation may specify at the discretion of
the Inspector a starting line for the excavation, which line shall form part, or, as
the case may be, the whole, of the boundary of the excavation. The boundary
face of the excavation shall in no case be pared off or worked under the permit
after it has been dug.

4. Every permit shall specify the maximum quantity of material to be
extracted from the excavation. To secure the observance of the limit thus set,
the owner or his agent shall, once a week or from time to time when required,
submit to the Inspector a properly verified list or account of material removed
from the excavation. The removal of any substantial excess of material beyond
the quantity permitted shall be deemed a breach of these Regulations. The
Inspector shall have power to determine in every case what excess amounts to
a substantial excess within the meaning of this regulation.

5. The Inspector, if he thinks fit, shall have power to add to the permit the
angle at which the gradient through superincumbent soil is to be maintained. If
no angle is mentioned, the digger may dig at any angle through the
superincumbent soil.

6. In cutting through asphalt, a gradient shall be maintained at such angle
as specified in the permit and shall in no case be steeper than 85° to the horizontal.
The depth of every excavation shall be such as may be prescribed in the permit.

7. Any transgression of the permit shall be deemed to be a breach of
these Regulations, and as from the date of the transgression the permit shall be
deemed to have been cancelled.

SECOND SCHEDULE
FORMS

No. 1

Notice to Commence

I, A.B., hereby give notice, in accordance with the terms of the
Asphalt Industry Regulation Act, that I propose to excavate the parcel or lot of
land situate at

(a) The said parcel or lot of land is bounded as follows:
N. S.
E. W.

Boundary of
excavation.

Quantity of
material to be
extracted.

Angle to dig.

Depth of
excavation.

Breach of
Regulations.

Section 9.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Asphalt Industry Regulation Chap. 87:50 15

(b) The boundaries of the proposed excavation have been duly
marked out by means of pegs not less than 3 inches in diameter
and not less than 18 inches above and 18 inches below the
surface of the soil.

Dated this day of , 20 .

Signed

No. 2

Certificate of Entry of Notice to Commence

I hereby certify that I have entered in the Mining Register a notice to
commence digging operations dated and made by in respect of
the parcel or lot of land bounded as follows:

Date Inspector.

No. 3

Notice of Termination

I hereby give notice that I have terminated digging operations on the
parcel or lot of land bounded as follows:
in respect of which notice to commence was given on .

Owner [or Agent].

No. 4

Certificate of Entry of Notice of Termination

I hereby certify that I have entered in the Mining Register a notice of
termination of digging operations dated and given by in respect of
the parcel or lot of land bounded as follows:

Inspector.

Section 9.

Section 9.

Section 9.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

16 Chap. 87:50 Asphalt Industry Regulation

No. 5

Application for Permit

I hereby apply for a permit to excavate the parcel or lot of land situated
at ...............................................................................................................
subject to the following terms and conditions:

(a) The said parcel or lot of land is bounded as follows:
N. S.
E. W.

(b) The boundaries of the proposed excavation have been duly
marked out.

(c) The proposed excavation shall not exceed feet in depth.
(d) No more than tons of material shall be extracted from

the excavation.
(e) Operations will commence on the day of , 20 ,

and conclude before the day of , 20 .
(f) [here insert any special terms, if any].

Dated this day of , 20
(Signed) A.B.

Notice is hereby given that persons interested in opposing the issue of the permit
hereby applied for must lodge with the Inspector a notice of their opposition and
the grounds thereof within seven days of the day of , 20 .

Dated this day of , 20

(Signed) A.B.

Inspector.

No. 6

Permit

A.B. is hereby permitted to excavate the parcel or lot of land situate
at subject to the following terms and conditions in pursuance of the
Asphalt Industry Regulation Act and the Regulations thereunder:

(a) The said parcel or lot of land is bounded as follows:
N. S.
E. W.

Section 10.

Section 10.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Asphalt Industry Regulation Chap. 87:50 17

(b) The boundaries of the excavation shall be maintained as
follows:

(c) The excavation shall not exceed feet in depth.
(d) No more than tons of material shall be extracted from the

excavation. The owner or his agent shall submit to the Inspector
a verified report of the quantity of soil and asphalt respectively
removed every days.

(e) Operations shall commence on day of , 20 ,
and shall be concluded before day of , 20 .

(f) Special terms (if any).

(Signed)

Date Inspector.

No. 7

Bond

Know all men by these presents that we and and
(sureties) of , are held and firmly bound jointly

and severally unto , Inspector, and his assigns in the sum
of one thousand two hundred dollars ($1,200) to be paid to the said Inspector or
his assigns for which payment to be well and truly made we jointly and severally
bind ourselves firmly by these presents:

Whereas the said has applied for a permit under the Asphalt Industry
Regulation Act, in respect of a parcel of land bounded as follows:
[Here describe as in application].

And whereas the said and have agreed to join with the said
in the above-written bond or obligation subject to the conditions

hereinafter specified as sureties for the due fulfilment of the said conditions:
Now therefore, the condition of the above-written bond or obligation is such

that if the said shall from time to time and at all times during the
continuance of the said permit duly observe the provisions of the said Act and
the Regulations for the time being in force thereunder in respect of all digging
operations carried on by virtue of the said permit then the above-written bond
or obligation shall be void otherwise shall remain in full force and effect.

Dated this day of 20 .

Signed and delivered by the above-named
in the presence of

Section 20.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Read Entire Law on rgd.legalaffairs.gov.tt