Heavy fines coming for breaches of Quarry Act
THE Government last week tabled a Bill in the House of Representatives, propos-ing significant increases for breaches of the Quarry Control Act.
The Bill’s Memorandum of Objects and Reasons states that it is intended to introduce more effective regulation of the quarrying industry in Jamaica, in response to the “increasing problems of illicit quarrying”.
The Bill proposes to increase, generally, the penalties for breaches of the Act, to what it describes as “more realistic levels”.
For example, persons engaged in extracting, purchasing, stockpiling, transporting or disposal of quarry using motorised equipment (including tractors, loaders and draglines) will be liable on summary conviction before a Resident Magistrate’s Court to a fine not exceeding $1.5 million, or imprisonment of up to 18 months; and in the case of a second conviction, a fine not exceeding $2.5 million and/or two years imprisonment.
Persons who knowingly issue receipts or dispatch vouchers with misleading information can be fined $1 million or serve one year in prison.
It also proposes a fine of up to $500,000 and/or six months for false declarations; $1 million and/or 12 months for a second offence; and $50,000 or one month for failing to produce a receipt or dispatch voucher, if found in possession of the material or mineral.
Fines under the current Act range from $10,000 to $50,000, and imprisonment between one and two years.
The new Bill requires quarry operators to issue receipts and dispatch vouchers for quarry material or quarry mineral removed from the quarries; persons transporting or purchasing quarry material or mineral to show proof of the source of purchase upon request; and require persons employed in the management of certain quarries to be certified by the commissioner of mines, after satisfactorily completing a prescribed course of study.
The Bill will also vest powers in the commissioner to conduct random sampling of quarry material or quarry mineral, and to enter any quarry to extract a sample for testing.
The current Act was passed in 1983 and amended in 1995. According to Minister of Science, Technology, Energy and Mining Phillip Paulwell, there has been increasing problems of illicit quarrying, highlighting the need for more effective regulation.