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It is to be noted that in respect of Section 29(1)(c), if there are no regulations, secondary resources cannot be imported into Saint Kitts and Nevis for purposes of a manufacturing process.
Section 29(2) makes it an offence to import hazardous waste and lists penalties for such offences.
The importation of any waste... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Under Section 33, waste should be stored in containers that prevent the escape of waste, liquids or objectionable levels of odour and which prevent infestation by pests or vermin.
Section 43 of the Act requires the Corporation to comply with any directives given by the Environmental Health Department regarding the man... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
However, Section 29(1) makes the importation of hazardous waste contrary to a Section 29(1) offence.
It is to be noted that whereas Section 29(1) refers to “waste”, Section 29(2) refers to “hazardous waste”, but the term “hazardous” is not found in Section 29(1).
89 Currently, whilst the use of dental amalgam has gen... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
The Corporation needs to take steps to ensure that such storage complies with Section 33 of the Act.
Under Section 84(5)(a) the Minister may, by order, delete from, vary or add to the goods, classes or description of goods prescribed in the fourth Schedule. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
In addition, under Section 85(5)(b), the Minister may prohibit or restrict (subject to such conditions and restrictions as the Order may impose) the importation, exportation or carriage coastline of any goods, class or description of goods specified in the Order to or from any place in Saint Kitts and Nevis.
By Sectio... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Section 2 of the Act defines “restricted or prohibited goods” as meaning “goods of a class or description of which the importation, exportation or carriage coastline is, for the time-being, prohibited or restricted under or by virtue of an enactment”.
The effect of Section 84(5) is that the Minister of Finance is empo... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Customs (Control and Management) (Amendment) Act 2001 The Customs (Control and Management) Act provides a comprehensive legal framework for customs management in Saint Kitts and Nevis. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
The Act covers a range of matters: Administration (Part II); Customs Controlled Areas (Part III); Importation (Part IV); Exportation (Part V); Coastal Trade (Part VI); Warehousing (Part VII); Duties, Drawbacks, Prohibitions and Restrictions (Part VIII); Powers (Part IX); Offences (Part X); Legal Proceedings, Forfeiture... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Section 84(1) provides that no goods, class or description of goods prescribed in Part I of the Fourth Schedule shall be imported into Saint Kitts and Nevis.
Similar prohibitions are contained in Section 84(2), 84(3) and 84(4) in regard to goods prescribed in Part II, Part III and Part IV of the Fourth Schedule respec... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
5 of 1987) The National Conservation and Environmental Protection Act (NCEPA) is a comprehensive environmental statute providing for, inter alia: • • • • the establishment and management of protected areas; the preparation of coastal zone management plans; the conservation of forestry, soil and water; and the protectio... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Of particular relevance to mercury is the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal, under which guidelines for mercury waste are included.
The NCEPA mandates the preparation of a coastal zone management plan and regulations to control development in the coastal zo... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Under the Act, the coastal zone extends 2 kilometres seaward of the mean low watermark and includes the foreshore and floor of the sea.
The coastal zone management plan may declare protected beaches and, within areas covered by the declaration, prohibit fishing, anchoring of boats and docking of cruise ships, disposal... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
By Section 34(1), no person shall pollute any part of the coastal zone by depositing sewage, solid waste, garage oil or other waste in the coastal zone. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Section 34(2) defines “pollute” as including “to cause such contamination or other alteration of the physical or biological properties of any part of the coastal zone as well or is likely to create a nuisance, render the area harmful, detrimental or injurious to public health, safety or welfare, or to domestic, recreat... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Section 63 of the Act allows the Minister to make regulations for a wide range of matters, including 63(1)(a): 91 “prescribing the sanitary and clean conditions and practices to be observed at and in respect of protected areas, beaches and public places, and for prevention and punishment of environmental pollution”.
H... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Development Control and Planning Act (2000) The purpose of the Development Control and Planning Act (DCPA) is to assist in the orderly, efficient, and equitable planning, allocation and development of the resources of Saint Kitts.
The DCPA’s definition of land includes submerged land extending to seaward limit of terr... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Thus, development occurring thereon may only proceed with permission of the Development Control and Planning Board created by the Act.
The Development Control and Planning Board is also responsible for preparing development plans.
Development plans may provide for zoning, allocate land for the protection of marine li... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
In carrying out its duties (i.e.
producing development plans), the Board may designate comprehensive planning areas for conservation and other purposes and may designate environmental protection areas.
For both, in consultation with Minister responsible for NCEPA, the Board is responsible for developing management pl... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Management plans may contain special resources and use areas in which the Minister (in consultation with the Minister responsible for NCEPA) may permit and prohibit certain activities, such as designating protected swimming and surfing areas; designating anchoring, mooring and beaching areas; and designating where wate... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Management plans may also arrange for protection of marine flora and fauna, and specifically provide for the regulation of hunting and fishing to achieve this purpose. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Section 51 of the Act allows the Development Control and Planning Board to prepare and submit to the Minister a draft amenity order where it considers that any land is: 92 a) unsightly and injurious to the amenity of the area and visible to persons using a public road or any other area to which the public has a right o... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
An Amenity Order shall state, inter alia, (i) any matter that is required to be cleared; (ii) in the case of an order requiring clearance, the matter which must be destroyed, or the place, being an authorized place for the disposal of rubbish, to which it must be removed as appropriate.
By Section 51(4), where a draft... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
This Act may be of relevance if the Government decides to take measures to implement Article 12 of the Convention.
National Conservation and Environmental Management Bill (NCEMA) (Draft) 2017 This Act would allow the Minister responsible for the environment, in consultation with the Conservation Commission, to designa... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
The Act also calls for the Department of the Environment’s collaboration with the Department of Physical Planning and Development Control to develop strategies to promote environmentally sound and sustainable development in areas adjacent to protected areas.
The NCEMA would update and modify the NCEPA.
Among other th... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
By Section 73(1) the Minister may by regulations: 93 a) designate as a pollutant any substance, thing or man-made phenomenon (including energy, noise, vibration, electro-magnetic or ionizing radiation, colour or temperature variation) which, in a specified quantity, concentration or condition, is likely to cause harm t... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
In accordance with Section 73(2), unauthorized deposition, release or escape of pollutants into the environment in excess of allowable standards of pollution applicable to the receiving environment is prohibited.
However, Section 73(2) would depend on regulations having first been promulgated under Section 73(1). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Under Section 77(1), if any part of the environment is found to have been polluted before the coming into force of this Act, the Department may, by notice served under that person, require any person who it finds to have been solely or partly responsible for causing or allowing that pollution to take place to take such... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
By Section 79(1), the Minister may by regulations: a) designate specific substances as hazardous substances; and b) prescribe procedures for the safe storage, handling, use and disposal of such substances.
Under Section 92, the International Conventions listed in Schedule 2 have the force of law in Saint Kitts and Nev... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
As the draft Act is not yet finalized, the Minamata Convention on Mercury could be added as one of the listed Conventions.
Under Section 93, the Minister may make regulations to give effect to the International Conventions specified in Schedule 2.
94 Similarly, Section 98 allows the Minister to make regulations for a... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
By Section 94, the Minister may from time to time amend, add or remove any Convention in Schedule 2 by way of Notice to be published in the Gazette.
Public Health Act 1969 The Public Health Act makes provisions for a wide range of public health matters. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
By Section 2 of the Act, the Minister is vested with the following powers: • the prevention, treatment, limitation and suppression of disease, including the conduct of investigations and inquiries in respect of such diseases; • the publication of reports, information and advice on public health, including the education... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Under Section 2 of the Act, “nuisance” includes any act not warranted by law, or any omission to discharge a legal duty where the act or omission causes inconvenience or interferes with personal comfort or is likely to be prejudicial to public health or public safety.
Section 10 of the Act empowers the Minister to mak... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Among the Regulations made under the Act are the following: • Public Health (Offensive Trades) Regulations; • Public Health (Collection and Disposal of Refuse) Regulations; • Food Regulations; and 95 • Public Health (Nevis) Regulations.
Under Regulation 6 of the Public Health (Collection and Disposal of Refuse) Regula... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Regulation 8 prohibits the deposit of any discarded fluorescent lighting tubes or aerosol containers in any refuse intended or likely to be burnt, but allows for the disposal of the same by burial or in any other manner in a place approved by the Minister.
By Regulation 20, no person shall burn refuse at any place or ... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Fisheries Act, 1984 The Fisheries Act of 1984 aims to provide an institutional framework for the “management, planning, development, and conservation of fishery resources.” Administration of the Act is the responsibility of the Chief Fisheries Officer, and if one is not appointed, then the Chief Agricultural Officer. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Section 4 requires the Chief Fisheries Officer to “prepare and keep under review a plan for the management and development of fisheries in the fishery waters.” The Act allows for and anticipates regional cooperation in the regulation of fisheries, e.g.
the Caribbean Regional Fisheries Mechanism. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
the Caribbean Regional Fisheries Mechanism.
It allows the responsible Minister to enter into agreements with other countries or organizations in the region to collaborate in developing a uniform licensing system, enforcement mechanisms and other fisheries management systems.
Any agreement entered into should be publi... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Marine reserves are areas where the Minister feels that special measures are necessary to protect the flora and fauna of the designated areas, to preserve breeding grounds and habitat, to allow for natural regeneration of life, to promote scientific research, or to preserve and enhance natural beauty.
Within these are... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Regulations can set out rules for the management and protection of marine reserves and fishing priority areas.
96 Fisheries Regulations, 1995 The Regulations contain conservation measures for lobster, turtles, conch, coral, sponges, marine algae, sea stars and aquarium fish.
The regulations also affirm that in fisher... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Merchant Shipping Act, 2002 The Act provides for registration of vessels, prevention of collisions and safety of navigation, the establishment and management of aids to navigation, and prevention of pollution from ships.
The Port Authority Act, 1981 The Port Authority Act creates the Saint Christopher Air and Sea Port... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
The Port Authority, with the approval of the Minister of Finance, has the authority to make regulations concerning the: [...]c) controls and prohibitions on the doing or omission of anything or class of things within the limits of any port; d) the regulation, restriction and control (without prejudice to the conduct of... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
3.2.2 Nevisian Legislation The 1983 Constitution of the Federation of Saint Kitts and Nevis reserves certain powers to the Nevis Island Administration.
The following ordinances are relevant to mercury management.
97 Nevis Solid Waste Management Authority Ordinance The Nevis Solid Waste Management Authority Ordinance ... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Under Section 8 of the Ordinance, the Authority is empowered to: • provide storage facilities for solid waste; • develop and manage any new sanitary landfill sites and other disposal methods; • provide facilities for the treatment and disposal of medical and hazardous waste; and • prepare plans and programmes to addres... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Section 10 of the Ordinance requires the Authority to comply with the provisions of the Public Health Act and any other Act relating to public health and the environment. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
The Nevis Coastal Protection Levy Ordinance The Nevis Coastal Protection Levy Ordinance allows the member of the Administration responsible for the environment to appoint an Advisory Committee to inform him or her on: • measures for protecting coastal areas against the ravages and any other natural or man-made disaster... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
3.2.3 Minamata Convention and Saint Kitts and Nevis Legislation This section highlights some the articles of the Minamata Convention on Mercury that may be relevant as they relate to national legislation in Saint Kitts and Nevis (Table 36). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
98 Table 36: Overview of Minamata Convention provisions and coverage by existing legislation in Saint Kitts and Nevis Article 2: Definitions Description of Article: Relevant Policy and Regulation Measures Defines relevant terms such as “mercury- added product” which means a product or product component that contains me... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Article 3: Mercury supply source and trade5 This definition will need to be added to any relevant legislation which is to be enacted or amended.
Description of Article: Relevant Policy and Regulation Measures This article deals with mercury supply sources and trade, not including mercury and mercury compounds used for... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Mercury supply sources covered under this article include primary mercury mining and decommissioning of chlor- alkali facilities.
- Under the MIA project, it was determined that none of the mercury supply sources and relevant trade stipulated under this article are relevant to Saint Kitts and Nevis.
- Considerations ... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
30:03 to include the provisions for the import of mercury can be made, if deemed necessary, as Section 4A (1) (d) of that Act prohibits the import, export and disposal, inter alia, of a “controlled chemical” without doing so in a prescribed manner.
Amending the Act to take into consideration the provisions of this art... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Article 4: Mercury-added products Article 2 defines “mercury-added product” as meaning a product or product component that contains mercury or a mercury compound that was intentionally added. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Description of Article: Relevant Policy and Regulation Measures / Action: (1) Not allow the manufacture, import, and export of products listed in Part I of Annex A not otherwise excluded following the phase out date listed in the Annex6 (3) Phase down the use of dental amalgam through two or more measures listed in Par... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
- This would also be governed by the already cited section in the Pesticides and Toxic Chemicals Act Chapter 30:03.
Section 4A (1) (d) of that Act prohibits the import, export and disposal, inter alia, of a “controlled chemical” without doing so in a prescribed manner.
Amending the Act to take into consideration the ... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
- Dental Amalgam is currently being phased out.
Article 8: Emissions Article 8 defines “emissions” as meaning emissions of mercury or mercury compounds to the atmosphere.
5 Since this checklist is primarily intended for developing countries, it is assumed that governments will desire control over individual mercury s... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
6 The prohibition date must be consistent with Articles 4 and 6 of the Convention.
99 Description of Article: Relevant Policy and Regulation Measures / Action: Require control and, where feasible, reduce emissions of mercury and mercury compounds, often expressed as “total mercury” to the atmosphere through measures t... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
- This may be relevant in Saint Kitts and Nevis with respect to waste incineration facilities. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
- Through the MIA project, the following areas should be addressed: • Required BAT/BEP for new sources; • Emission control measures for existing sources; • Establish emissions inventory; • Identify relevant sources for releases (to water and land); • Releases control; • Establish emissions inventory; Relevant Policy an... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
These regulations should be promulgated under the NCEMA Bill once enacted. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Article 9: Releases Description of Article: (5) Take one or more measures below to control/reduce mercury and mercury compound releases to land and water from significant sources it identifies: • • release limit values to control and, where feasible, reduce releases from relevant sources; the use of best available tech... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
It should also be noted that the Basel Convention, to which Saint Kitts and Nevis is a signatory, defines “environmentally sound manner” in its Article 2, allowing for this to be incorporated into local legislation.
- Under the MIA project conducted, it was determined that this article is not relevant to Saint Kitts a... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
100 Article 11: Mercury wastes Description of Article: Relevant Policy and Regulation Measures / Action: (3)(a) Take measures to manage mercury wastes in an environmentally sound manner, taking into account guidelines developed under the Basel Convention and in accordance with COP requirements to be developed. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
(3)(b) Take measures to restrict mercury derived from the treatment or re-use of mercury waste to allowed uses under the Convention or environmentally sound disposal (3)(c) Require transport across international boundaries in accordance with the Basel Convention, or if the Basel Convention does not apply, consistent wi... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Schedule 2 to the Draft National Conservation and Environmental Management Act lists the Basel Convention as one of the Conventions which shall have the force of law in Saint Kitts and Nevis.
Thus, when this draft Act is enacted, the Basel Convention will be in force in Saint Kitts and Nevis.
Further, section 93 of t... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
the Basel Convention.
Description of Article: Relevant Policy and Regulation Measures / Action: (1) Develop strategies for identifying and assessing mercury/mercury compound contaminated sites - There are no specific provisions governing contaminated sites which would be a concern to Environment Health, Physical Plann... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
- Under the MIA project, an assessment of potentially contaminated sites has been conducted in order to inform the Government of Saint Kitts and Nevis. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Article 16: Health Aspects Description of Article: Relevant Policy and Regulation Measures / Action: (1)(a) Promote the development and implementation of strategies to identify and protect populations at risk from exposure to mercury and mercury-based compounds - There is no legislation in Saint Kitts and Nevis dealing... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
(1)(b) Promote the development and implementation of educational programmes on occupational exposure to mercury and mercury compounds (1)(c) Promote appropriate healthcare services for prevention, treatment and care of populations affected by the exposure to mercury or mercury compounds (1)(d) Address the need to estab... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
These include: 1.
The Pesticides and Toxic Chemicals Control Act does not impose a clear ban on the import or export of MAPs listed in Part I of Annex A in compliance with Article 4 of the Minamata Convention.
At present, Section 15(1) only applies to mercuric chloride.
2.
The Pesticides and Toxic Chemicals Control... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
3.
At present, Saint Kitts and Nevis does not have any legislation dealing with air pollution in compliance with Article 8 of the Minamata Convention.
However, once the National Conservation and Environmental Management Bill, 2017 is enacted, air pollution regulations could be developed and promulgated, and such regu... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
4.
At present, Saint Kitts and Nevis has no legislation which addresses the releases of pollutants to land or water in compliance with Article 9 of the Minamata Convention.
However, once the National Conservation and Environmental Management Bill, 2017 is enacted, regulations could be developed and promulgated to dea... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
5.
At present, the Basel Convention does not have the force of law in Saint Kitts and Nevis.
However, once the National Conservation and Environmental Management Bill, 2017 is enacted, the Basel Convention will have the force of law in Saint Kitts and Nevis by the combined effect of Section 92 and Schedule 2 of the B... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Basel Convention).
Additionally, by Section 79 of the Bill, the Minister may make regulations to designate specific substances as hazardous substances and also prescribe procedures for the safe storage, handling, use and disposal of such substances.
Thus, regulations could be promulgated under Section 79 to ensure en... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
6.
There is no current legislative framework to implement the provisions of Article 11 of the Minamata Convention.
Once the draft National Conservation and Environmental Management Bill, 2017 is enacted, the Basel Convention will have the force of law in Saint Kitts and Nevis.
Regulations could then be made under th... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
7.
There are no clear provisions in Saint Kitts and Nevis legislation to address the issue of contaminated sites in compliance with the suggestions outlined in Article 12 of the Minamata Convention.
However, Section 51 of the DCPA allows for the making of an Amenity Order in circumstances where the conditions set out... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
on such land”.
Further, Section 77(1) (a) of the National Conservation and Environmental Management Bill, 2017 provides that where any “land is found to have been polluted before the coming into force of this Act, the Department may require any person who it finds to be solely or partly responsible for causing or allo... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
103 3.3 Assessment of Institutional Framework This section includes an assessment of some of the key institutions that are relevant to the management of mercury issues.
3.3.1 Key Institutions Saint Kitts and Nevis Bureau of Standards The Saint Kitts and Nevis Bureau of Standards (SKNBS) was officially established on t... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Its activities also focus on preparing, promoting and generally adopting standards on a national, regional or international basis relating to structures, commodities, materials, articles and other things offered to the public commercially, hence promoting standardization, quality assurance and simplification in industr... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
With a population of approximately 40,000 individuals on the island, the amount of disposed solid waste material is relatively high.
The slightly higher rate of waste disposal in Saint Kitts than Nevis may be due to the greater influence of long-term tourism.
Nevis Solid Waste Management Authority The Nevis Solid Was... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Four (4) districts are served directly by the Government, and the fifth, by a private contractor hired by the Government.
Department of Environment The Department of the Environment was established to prevent, mitigate and/or reverse environmental degradation through scientific and technological methods and raise publ... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
104 The Department is the focal point for a number of multilateral environmental conventions such as the Convention on Biological Diversity, the Cartagena Protocol on Biosafety and the Nagoya Protocol on Access and Benefit Sharing.
Environmental Health Department The Environmental Health Department is part of the Mini... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
In response to pollution issues, the Environmental Health Department currently monitors the state of pollution in Saint Kitts and Nevis.
Saint Kitts and Nevis Customs and Excise Department The Customs and Excise Department is a Government agency responsible for protecting the country from potential risks arising from ... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
The Customs and Excise Department uses intelligence and risk assessment to select and target physical checks of containers, vessels or travellers.
The Customs and Excise Department also conducts investigations and audits and prosecutes offenders who breach Customs Laws and other Government regulations.
Customs also e... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Department of Physical Planning, Natural Resources and the Environment The Department of Physical Planning, Natural Resources and the Environment is responsible for physical planning, development control and environmental management in Nevis. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
3.3.2 Institutional Challenges and Priorities It appears that the institutional challenges in Saint Kitts and Nevis, that may hinder the country’s ability to mitigate future mercury pollution, revolve around some critical cross- cutting issues spanning three (3) broad institutional thematic areas, as follows: 105 • Rol... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Initial assessment and progress on current work on the Minamata Convention on Mercury will considerably enhance national data on mercury.
Table 37 below summarizes, the cross-cutting issues related to mercury under each thematic area.
Table 37: Institutional cross-cutting issues related to mercury in Saint Kitts and ... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Roles of Institutional Arrangements for Assessing and Managing Risks for Implementation of the Convention • Providing scientific advice; • Providing policy guidance; • Generating research; • Sharing research and best practices; • Generating data, observations and monitoring; and • Mainstreaming the consideration of the... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Data and Knowledge Sharing • No overarching system, arrangement, institution or process for collecting, exchanging or disseminating relevant knowledge among stakeholders.
Institutional mechanisms should exist at different levels within Saint Kitts and Nevis to mitigate the impact of mercury on the environment, specifi... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Table 38 highlights a proposed framework for addressing institutional challenges related to the implementation of the Minamata Convention on Mercury. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Table 38: Proposed institutional framework for addressing institutional challenges for the implementation of the Minamata Convention on Mercury 106 Area Proposed Aim Core Institutional Challenge Governance and Accountability Designated National Agencies Implementation Measures To build leadership, trust and mutual acco... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
To establish a common approach to establishing nation-level co-ordination and implementation functions.
To establish flexible, inclusive approaches to developing generally-accepted methods the implementation of the Minamata Convention on Mercury. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
support that can 107 3.4 Recommendations for Policy, Legislation and Institutional Strengthening The major recommendations for Saint Kitts and Nevis to fill the identified legislative gaps and to promote environmentally sound mechanisms for mercury management are shown in Table 39.
It is suggested that these actions b... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Table 39.
Legislative recommendations for Saint Kitts and Nevis Legislation Recommendation Pesticides and Toxic Chemicals Control Act, Chapter 9:18 National Conservation and Management Bill (Draft), 2017 Amend to expressly: a) prohibit the manufacture of mercury and mercury compounds; and b) prohibit the import and ex... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Amend the Bill to include the Minamata Convention on Mercury as one of the International Conventions listed in Schedule 2.
Enact the Bill.
Use the provisions listed in Section 73(1) to authorize the Minister to make regulations in respect of: a) Air pollution (Section 73(1)(b)); b) Water pollution (Section 73(1)(b));... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
The Minister should exercise the power given under Section 93 of the Bill to give effect to the International Conventions listed in Schedule 1.
Table 40 lists recommended actions that could help to fill the identified gaps in policy and legislation related to the implementation of the Minamata Convention and complianc... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Table 40: Overview of legislative gaps and recommendations to implement the Minamata Convention Convention Article Gap Recommended Action Article 4: Mercury- added Products No import ban for MAPs.
The Pesticides and Toxic Chemicals Control Act needs to be amended to impose a clear ban on the import and export of mercu... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
108 Article 8: Emissions Article 9: Releases Article 11: Mercury wastes Saint Kitts and Nevis does not have any legislation dealing with air pollution.
Once the National Conservation and Environmental Management Bill, 2017 is enacted, air pollution regulations could be developed and promulgated under section 73(1)(b),... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Saint Kitts and Nevis has no legislation which addresses the releases of pollutants to land or water.
Once the National Conservation and Environmental Management Bill, 2017 is enacted, regulations could be developed and promulgated to deal with water pollution and also pollution to land under section 73(1)(b).
These ... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
There is no current legislative framework to implement the provisions of Article 11.
Once the National Conservation and Environmental Management Bill 2017 is enacted, the Basel Convention will have the force of law in Saint Kitts and Nevis by the combined effect of section 92 and Schedule 2 of the Bill.
Further, by s... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Basel Convention).
Further, by section 79 of the Bill, the Minister may make regulations to designate specific substances as hazardous substances and also prescribe procedures for the safe storage, handling, use and disposal of such substances.
Thus, regulations could be promulgated under section 79 to ensure the env... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
Section 51 of Development Control and Planning Act allows for the making of an amenity order in circumstances where the conditions set out in section 51(1)(a) and (b) are satisfied; namely where land is “unsightly or injurious to the amenity of the area or likely to be offensive to persons by reason of waste etc.
on s... | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_1/1715621644161.pdf | https://minamataconvention.org/sites/default/files/documents/minamata_initial_assessment/Saint-Kitts-and-Nevis-MIA-2018.pdf | Saint Kitts and Nevis |
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