CENTRAL DISTRICT COUNCIL (SCRAP METAL AND SCRAP-YARD CONTROL) BYE-LAWS

(section 33)

(5th February, 2010)

ARRANGEMENT OF BYE-LAW

    BYE-LAW

    1.    Citation

    2.    Application

    3.    Interpretation

    4.    Application for licence

    5.    Issue of licence

    6.    Renewal of licence

    7.    Issuance of duplicate licence

    8.    Licence not transferable

    9.    Display, inspection of licence

    10.    Suspension of licence

    11.    Revocation of licence

    12.    Notice board to be erected by licenced scrap metal dealer

    13.    Register to be kept by licenced scrap metal dealer

    14.    Restriction on dealing in scrap metal by licenced scrap metal dealer

    15.    Restriction on disposing or changing form of scrap metal

    16.    Powers of entry

    17.    Liability of officer of corporate body, etc

    18.    Offences

    19.    Appeals

        SCHEDULE

S.I. 7, 2010.

1.    Citation

    These Bye-laws may be cited as the Central District Council (Scrap Metal and Scrap-yard Control) Bye-laws*.

*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.

2.    Application

    These Bye-laws shall apply to the whole area of the Central District Council as defined under the Administrative Districts Act (Cap. 03:02).

3.    Interpretation

    (1) In these Bye-laws, unless the context otherwise requires—

    "bye-law enforcement officer" means a local Government officer serving in the Council, appointed under the Unified Local Government Service Act (Cap. 40:06), whose duties include giving effect to and enforcing these Bye-laws;

    "Council" means the Central District Council;

    "deal", in relation to scrap metal, includes the buying or selling of scrap metal by way of business, whether as a principal or agent, but does not include an isolated transaction which involves the buying or selling of scrap metal;

    "licence" means a license issued under bye-law 5;

    "Licencing Authority" means the Council or any authorised officer, designated by the Council to issue licences in terms of these Bye-laws;

    "scrap metal dealer" means a person who deals in scrap metal as a way of business and has been issued a licence in terms of bye-law 5;

    "scrap metal" includes any old metal, second-hand metal, broken metal, defaced or old metal goods, such as plant machinery, whether ferrous or non- ferrous, or ferro-alloyed, but does not include gold, silver or metals of the platinoid group; and

    "scrap-yard" means any premises at which scrap metal is assembled, sold, bought, stored, baled, reshaped, or otherwise altered in accordance with these bye-laws but does not include the storage of scrap metal under bye-law 14(2).

4.    Application for licence

    A person wishing to carry on the business of a scrap metal dealer shall make an application to the Licencing Authority in Form A1 set out in the Schedule, accompanied by—

    (a)    certified copies of the applicant's national identity card (Omang) or passport if the applicant is a non-citizen; and

    (b)    two identical passport size photographs of the applicant, (taken at the time of the application), on which his or her features are clearly and correctly depicted;

    (c)    a title deed of the applicant's plot; or

    (d)    if the applicant intends to operate from leased premises, a certified copy of the lease agreement.

5.    Issue of licence

    (1) The Licencing Authority may, if satisfied that requirements of these Bye-laws are met, and on payment of a fee of P200, issue a scrapmetal dealer's licence in Form A2 set out in the Schedule.

    (2) A licence issued under sub-bye-law (1) shall specify—

    (a)    the person licenced to deal in scrap metal;

    (b)    the situation of all the scrap-yards at which the licenced scrapmetal dealer is authorised to deal in scrap metal;

    (c)    any particular scrap metal which the licenced scrap metal dealer may or may not deal in; and

    (d)    any other condition that the Licencing Authority may determine.

    (3) Notwithstanding the provisions of sub-bye-law (1), the Licencing Authority may refuse to issue a scrap dealer's licence to an applicant if—

    (a)    the applicant has been convicted of an offence under these Bye-laws, at any time in the three years immediately preceding the application; or

    (b)    the scrap-yard is, in the opinion of the Council, unsuitable for dealing in sc rapmetal.

    (4) A licence issued under sub-bye-law (1) shall expire at the end of a period of 12 months from the date of issue.

6.    Renewal of licence

    (1) A licenced scrap metal dealer may, within six months before the expiration of the licence, make an application to the Licencing Authority, for the renewal of the licence.

    (2) An application under sub-bye-law (1) shall be made in Form A3 set out in the Schedule and shall be accompanied by a fee of P200.

    (3) The Licencing Authority may grant the renewal of the licence subject to such conditions that the Licencing Authority may determine.

    (4) Notwithstanding the provisions of sub-bye-law (3), the Licencing Authority may refuse to renew a licence to any person, where the Licencing Authority is satisfied that the renewal of the licence would not be in the public interest.

7.    Issuance of duplicate licence