Partial Proclamation of the Scrap Metal Act 2022

This Advisory is intended to bring awareness to the general public and participants in the Scrap Metal Industry of some key points in respect of the Scrap Metal Act, 2022 and the Scrap Metal Regulations, 2023. The Ministry of Trade and Industry wishes to advise that effective May 8, 2023, sections 4, 6, 7, 8, 9(a) and (c), 10, 11, 12, 13, 14, 15, 16, 17(2), 18(2), 20, 22, 23(2) and (3), 24(5), 27, 28, 29, 30, 31, 32, 33 and 42 and the First Schedule of the Scrap Metal Act, 2022 are proclaimed. It should be noted that section (3)(1) of the act relating to the licensing of collectors of scrap metal will be proclaimed in the near future.

The public is reminded that on February 24, 2023, sections 1, 2, 3(2), 5, 9(b), (d) and (e), 17(1), (3), (4) and (5), 18(1) and (3), 19, 21, 23(1), 24(1), (2), (3), (4) and (6), 25, 26, 34, 35, 36, 37, 38, 39, 40 and 41 were proclaimed resulting in the repeal of the Old Metal and Marine Stores Act, Chapter 84:07.

The Scrap Metal Regulations, 2023 which are published, were prepared to give effect to and administer the Scrap Metal Act, 2022. The Regulations cover licensing, the conduct of scrap metal business, the export of scrap metal, inspections, Scrap Metal Inspectors, registers and administrative fines. There are three (3) Schedules. Schedule 1 sets out the applicable fees for certain applications, requests or actions under the Regulations. Schedule 2 sets out the applicable forms for actions under the Act and Regulations. Schedule 3 provides a list of administrative fines. Please be advised that the forms in Schedule 2 may be accessed and downloaded from the Ministry of Trade and Industry’s Trade and Business Information Portal (www.ttbizlink.gov.tt). Copies are also available at the Trade Licence Unit.

SCRAP METAL DEALER’S LICENCE

In accordance with section 39(1) of the Act and the Scrap Metal (Extension of Time) Order, 2023 dated April 13, 2023; any licences issued under the Old Metal and Marine Stores Act which were valid immediately before December 31, 2022 are considered scrap metal dealers’ licences and remain valid until November 14, 2023 on the condition that the Dealer complies with section 39 of the Scrap Metal Act, 2022.

ELIGIBILITY FOR A SCRAP METAL DEALER’S LICENCE

Applications for a Scrap Metal Dealer’s Licence can only be accepted from a person or an entity who:
a. is eighteen (18) years of age or older and
i. is a citizen of Trinidad and Tobago;
ii. is a permanent resident of Trinidad and Tobago; or
iii. is a citizen of a CARICOM Member State, other than Trinidad a and Tobago; or
b. is a company, firm, partnership or co-operative society.

Where the application is made by a company, firm, partnership or co-operative society, at least 30% of the ownership must be held by either:
i. is a citizen of Trinidad and Tobago;
ii. is a permanent resident of Trinidad and Tobago; or
iii. is a citizen of a CARICOM Member State, other than Trinidad a and Tobago

A person who has been convicted of an indictable offence under the Dangerous Drugs Act or the Proceeds of Crime Act is not eligible to apply for a licence unless the conviction under the Dangerous Drugs Act is expunged.

APPLICATION FOR LICENCE

An application for a Scrap Metal Dealer’s Licence shall be made in Form 3A, and must include; a statutory declaration verifying eligibility for a licence (Form 3B); the declaration of consent (Form 5); and the AML/CFT/PF risk assessment questionnaire (Form 6) referred to in section 4(4)(a) of the Act.

An application must also be accompanied by the following documents:
a. proof of payment of a fee of TT$500;
b. in the case of an individual –
i. a copy of any two of the following forms of valid identification:
(A) national identification card;
(B) driver’s permit;
(C) passport biodata page; and
ii. certificate of character issued by the Trinidad and Tobago Police Service no more than six months before the date of the application.

c. in the case of a company
i. its certificate of incorporation or registration, as the case may be;
ii. its articles of incorporation;
iii. a valid income tax clearance certificate;
iv. a valid value added tax clearance certificate, where applicable;
v. a valid National Insurance Board compliance certificate;
vi. proof of address of its registered or principal office, as the case may be; and
vii. a certificate of character for each director issued by the Trinidad and Tobago Police Service no more than six months before the date of the application.

d. in the case of a firm or partnership –
i. the partnership agreement;
ii. a valid income tax clearance certificate;
iii. a valid value added tax clearance certificate, where applicable;
iv. a valid National Insurance Board compliance certificate;
v. proof of its address;
vi. a certificate of character for each partner issued by the Trinidad and Tobago Police Service no more than six months before the date of the application;
vii. the documents specified in paragraph (c)(i) to (vii) in respect of any partner that is a company; and
viii. evidence of, and a statutory declaration in the form set out as Form 3B verifying, its eligibility for a licence in accordance with section 4(3) of the Act;

e. in the case of a co-operative society –
i. its certificate of registration;
ii. a valid income tax clearance certificate;
iii. a valid value added tax clearance certificate, where applicable;
iv. a valid National Insurance Board compliance certificate;
v. proof of its address; and
vi. a certificate of character for each director issued by the Trinidad and Tobago Police Service no more than six months before the date of the application.

f. a copy of any two of the following forms of valid identification of the site manager:
i. national identification card;
ii. driver’s permit; or
iii. passport biodata page;

g. proof of address of the proposed scrap metal site in the form of –
i. a utility bill in the name of the applicant; or
ii. a lease agreement together with an authorisation letter from the owner of the property stating that the applicant is permitted to use the property as a scrap metal site;

h. a certificate of environmental clearance issued by the Environmental Management Authority;

i. planning permission granted by the Town and Country Planning Division;

j. a report on the inspection of the proposed scrap metal site from the Trinidad and Tobago Fire Service; and

k. a report on the inspection of the proposed scrap metal site from the public health inspectorate for the Municipality in which the proposed scrap metal site is located.

All application fees may be paid at any District Revenue Office.

The public is advised that Forms 3A, 3B, 5 and 6 may be downloaded from the Trade and Business Information Portal (www.ttbizlink.gov.tt). Copies are also available at the Trade Licence Unit.

The Minister may require an applicant to submit any further information within a specified time and may require verification by a statutory declaration of any information or fact then or previously submitted.

Persons wishing to become a new Scrap Metal Dealer are asked to take note of the new application process and the required documentation that must be provided with an application. Existing Scrap Metal Dealers whose licences expire on November 14, 2023 will also be required to follow the new application process to apply for a new licence.

Existing Dealers are advised to immediately undertake the process to obtain their Certificate of Environmental Clearance from the Environmental Management Authority and Planning Permission from the Town and Country Planning Division.

NON-TRANSFERABILITY OF A LICENCE

A person to whom a licence has been issued is prohibited from transferring that licence to another person.

The sale of a scrap metal site does not include the licence to operate that site. The new owner would be required to apply for a scrap metal dealer’s licence in his/her name in order to conduct the business of dealing in scrap metal at that site.

CIRCUMSTANCES FOR DEALING

A Dealer must operate only from the scrap metal site listed in his/its issued scrap metal dealer’s licence.

CHANGE OF BUSINESS PREMISES

Any person who wishes to engage as a Scrap Metal Dealer from an address other than the one stated in his licence is required to make an application for a new licence in accordance with Section 6 of the Act.

RETENTION OF RECORDS

Dealers must keep a record of every transaction in relation to his/its scrap metal business for a period of not less than six years after the date of the transaction and the record must be in the prescribed form.

The record of every transaction in relation to:
• his scrap metal business, is to be kept using Form 13; and
• the export of scrap metal, is to be kept using Form 14.

All records kept by a Dealer are subject to inspection by an authorized officer and the record of the export of scrap metal must be approved and signed by police officer and a Scrap Metal Inspector prior to export.

EXPORT OF SCRAP METAL

An exporter of scrap metal is required to obtain an export licence from the Minister of Trade and Industry under the Trade Ordinance 1958.

The application is made online at the Ministry of Trade and Industry’s Trade and Business Information Portal (www.ttbizlink.gov.tt).

The following documents must accompany the online application:
» Valid Scrap Dealer’s Licence
» Business Documents (where applicable) – Company’s Board of Inland Revenue (BIR) Number, Company’s Business Registration Documents;
» A Packing list or Invoice which details the specific description of the items being exported;
» A copy of the Scrap Metal Dealer’s Transaction Record;
» A utilization record of the last export licence issued (Bills of Lading, CARICOM Invoices) – for Repeat Applicants only
» Permit for Shipment or Alteration of Scrap Metal, where applicable.

Prior to export, the scrap metal must be kept at the scrap metal site for five (5) days for viewing by the public. If a member of the public wishes to view any scrap metal, he shall inform the Dealer via written notice and the Dealer shall afford the person opportunity to view before loading for export.

An exporter must keep a record of the scrap metal export transactions. A police officer and a Scrap Metal Inspector are required to be present during the loading of the scrap metal into a freight container and approve and sign that record.

NOTICE OF INTENTION TO EXPORT SRAP METAL

Dealers must give at least seven (7) days written notice to the Minister of Trade and Industry and the Commissioner of Police of their intention to load scrap metal for export via Form 15- Notice of Intention to Load Scrap Metal for Export.

Where an Intention to load Scrap Metal for export notice is received, the Minister of Trade and Industry and the Commissioner of Police shall ensure the relevant officers, a Scrap Metal Inspector and police officer, are present at the scrap metal site to conduct inspections while the scrap metal is being loaded.

Prior to export, the scrap metal must be kept at the scrap metal site for five (5) days for viewing by the public. If a member of the public wishes to view any scrap metal, he shall inform the Dealer via written notice and the Dealer shall afford the person opportunity to view before loading for export.

Dealers must submit the signed scrap metal export transactions ledger to the TLU once the loading of scrap metal for export is completed. An exporter must only load a freight container at the scrap metal site specified in the licence of a licensed Scrap Metal Dealer.

FIT FOR SHIPPING CERTIFICATE

Where an inspection of scrap metal is found fit for export, a Scrap Metal Inspector shall issue a fit for shipping certificate signed and dated by the both Scrap Metal Inspector and police officer present for loading.

An exporter of scrap metal must provide the Customs and Excise Division with a signed copy of the relevant fit for shipping certificate. This is to be done when submitting the Customs Declaration Form (C82 Form) prior to export.

SCRAP METAL INSPECTORS

The duties of a Scrap Metal Inspector include:
a. examining scrap metal sites, facilities and equipment;
b. interviewing employees at the site;
c. certifying scrap metal for export;
d. taking samples or photographs of scrap metal;
e. inspecting motor vehicles/goods vehicles, containers, ships or vessels used for transportation of scrap metal or intended to be used for said purposes;
f. opening and examining any motor vehicle, goods vehicle, container, ship or vessel at a scrap metal site that contains scrap metal;
g. tagging scrap metal and any motor vehicle, goods vehicle, container, ship or vessel in which it is stored which is believed to be in contravention of the Act;
h. directing any operator of any motor vehicle, goods vehicle, aircraft, ship container, or vessel which is used or intended to be used for the storage or transportation of scrap metal;
i. examining, coping and taking extracts from any records and documents required to be kept under the Act
j. assisting in the processing of applications for licences;
k. preparing reports on inspections conducted;
l. dispatching notices of suspension or revocation of licences to licensees;
m. assisting in the processing of applications for the renewal of licences;
n. assisting in the processing of applications for the variation of licences;
o. processing notices of intention to load scrap metal for export;
p. processing applications for the shipment or alteration of scrap metal;
q. managing or updating of registers for licences;
r. facilitating requests from members of public to access registers of licences; and
s. investigating complaints from members of the public.

NOTIFICATION OF CHANGE OF INFORMATION

A Scrap Metal Dealer shall, in writing, inform the Minister if:
a. he ceases to carry on the business of a scrap metal collector or dealer
b. he is no longer operating within the conditions, restrictions or requirements which his licence was granted
c. of any changes to the information submitted in relation to the application for his licence

ADMINISTRATIVE FINES

Where there is reasonable cause to believe that a person has committed a prescribed summary offence, the Permanent Secretary of the Ministry of Trade and Industry is empowered to issue to that person a notice offering the person the opportunity to dispense with any liability to conviction of that offence by the payment of a prescribed administrative fine. These fines are listed in Schedule 3 of the Regulations.

With effect from August 15, 2024, all Scrap Metal Dealers must be properly registered in accordance with the Scrap Metal Act, 2022. Accordingly, the MTI is now accepting applications for Scrap Metal Dealers Licence. Scrap Metal Dealers are urged to gather all supporting documents to prepare and submit their applications to the Trade Licence Unit (TLU). The public is reminded that all Forms may be downloaded from the Trade and Business Information Portal (www.ttbizlink.gov.tt). Copies are also available at the office of the TLU, TTMA Building, Barataria.

Application process for a Scrap Metal Dealers Licence Under Scrap metal dealers act, 2022

Step 1- Gather all documentation required
Based on the category of applicant (Individual, Company, Firm of Partnership, Co-operative Society), the relevant documentation should be gathered.

Step 2- Pay application fee for a Scrap Metal Dealers Licence
An applicant must collect a payment voucher filled out by an officer from the TLU. The applicant must visit any District Revenue Office, make the fee payment of TT$500 and obtain receipt showing proof of payment.

Step 3- Complete Application forms
To apply for a Scrap Metal Dealers Licence, an applicant must complete Form 3A- Application for the Issue of a Scrap Metal Dealers Licence. Forms may be downloaded from the Trade and Business Information Portal (https://info.ttbizlink.gov.tt/forms#/search?q=scrap%20metal). Copies are also available at the Office of the TLU.

The Application must also include the following completed forms:

• Form 3b-a statutory declaration verifying eligibility for a licence;
• Form 5-Declaration of Consent to Entry; and
• Form 6-the AML/CFT/PF Risk Assessment Questionnaire

Step 4- Submit Applications to the Trade Licence Unit
Completed applications and all supporting documentation must be submitted to the TLU.

Step 5- Inspection of Scrap Metal site by Scrap Metal Inspector
Upon submission of the completed application forms with all supporting documents a Scrap Metal Inspector will conduct an inspection of the site/s proposed to be licenced. An Inspector will submit a Report of the site visit to the TLU. The Report along with the completed application forms and documents will be submitted by the TLU to the Minister of Trade and Industry for approval.

Step 6- Decision on Applications for the Issue of a Scrap Metal Dealers Licence
The TLU will notify the applicant of the Minister’s decision. In the case of an approved application, the applicant will be given a date in which the licence may be collected. In the case of a refused application, the applicant may request to appeal the decision within fourteen days (14) of notification by writing.

Documentation required for the Issue of a Scrap Metal Dealers Licence Under Scrap metal dealers act, 2022

Category: Individual
Documentation Required
1. Proof of payment of Application for a Scrap Metal Dealer’s Licence fee of TT$500
2. a copy of any two of the following forms of valid identification:
a. National Identification Card;
b. Driver’s Permit; or
c. Passport Biodata Page;
3. Certificate of Character issued by the Trinidad and Tobago Police Service no more than six months before the date of the application.
4. A copy of any two of the following forms of valid identification of the site manager:
a. National Identification Card;
b. Driver’s Permit; or
c. Passport Biodata Page;
5. Proof of address of the proposed scrap metal site in the form of –
a. a utility bill in the name of the applicant; or
b. a lease agreement together with an authorisation letter from the owner of the property stating that the applicant is permitted to use the
property as a scrap metal site;
6. A Certificate of Environmental Clearance issued by the Environmental Management Authority;
7. Planning Permission granted by the Town and Country Planning Division;
8. A Report on the inspection of the proposed scrap metal site from the Trinidad and Tobago Fire Service; and
9. A Report on the inspection of the proposed scrap metal site from the public health inspectorate for the Municipality in which the proposed
scrap metal site is located.

Category: Company
Documentation Required
1. Proof of payment of Application for a Scrap Metal Dealer’s Licence fee of TT$500
2. Certificate of Incorporation or Registration, as the case may be;
3. Articles of Incorporation;
4. A valid income tax clearance certificate;
5. A valid value added tax clearance certificate, where applicable;
6. A valid National Insurance Board compliance certificate;
7. Proof of address of its registered or principal office, as the case may be;
8. A Certificate of Character for each director issued by the Trinidad and Tobago Police Service no more than six months before the date of the application.
9. A copy of any two of the following forms of valid identification of the site manager:
a. National Identification Card;
b. Driver’s Permit; or
c. Passport Biodata Page;
10. Proof of address of the proposed scrap metal site in the form of –
a. A utility bill in the name of the applicant;
b. A lease agreement together with an authorisation letter from the owner of the property stating that the applicant is permitted to use the property as a scrap metal site;
11. A Certificate of Environmental Clearance issued by the Environmental Management Authority;
12. Planning Permission granted by the Town and Country Planning Division;
13. A Report on the inspection of the proposed scrap metal site from the Trinidad and Tobago Fire Service; and
14. A Report on the inspection of the proposed scrap metal site from the public health inspectorate for the Municipality in which the proposed scrap metal site is located.

Category: Firm or Partnership
Documentation Required
1. Proof of payment of Application for a Scrap Metal Dealer’s Licence fee of TT$500
2. The Partnership Agreement;
3. A valid Income Tax Clearance Certificate;
4. A valid Value Added Tax Clearance Certificate, where applicable;
5. A valid National Insurance Board compliance certificate;
6. Proof of its address;
7. A Certificate of Character for each partner issued by the Trinidad and Tobago Police Service no more than six months before the date of the application;
8. the documents specified in steps (2) to (8) in the Category: Company in respect of any partner that is a Company;
9. A copy of any two of the following forms of valid identification of the site manager:
a. National Identification Card;
b. Driver’s Permit; or
c. Passport Biodata Page;
10. Proof of address of the proposed scrap metal site in the form of –
a. A utility bill in the name of the applicant;
b. A lease agreement together with an authorisation letter from the owner of the property stating that the applicant is permitted to use the property as a scrap metal site;
11. A Certificate of Environmental Clearance issued by the Environmental Management Authority;
12. Planning Permission granted by the Town and Country Planning Division;
13. A Report on the inspection of the proposed scrap metal site from the Trinidad and Tobago Fire Service; and
14. A Report on the inspection of the proposed scrap metal site from the public health inspectorate for the Municipality in which the proposed scrap metal site is located.

Category: Co-operative Society
Documentation Required
1. Proof of payment of Application for a Scrap Metal Dealer’s Licence fee of TT$500
2. The Partnership Agreement;
3. A valid Income Tax Clearance Certificate;
4. A valid Value Added Tax Clearance Certificate, where applicable;
5. A valid National Insurance Board compliance certificate;
6. Proof of its address;
7. A Certificate of Character for each partner issued by the Trinidad and Tobago Police Service no more than six months before the date of the application;
8. A copy of any two of the following forms of valid identification of the site manager:
a. National Identification Card;
b. Driver’s Permit; or
c. Passport Biodata Page;
9. Proof of address of the proposed scrap metal site in the form of –
a. A utility bill in the name of the applicant;
b. A lease agreement together with an authorisation letter from the owner of the property stating that the applicant is permitted to use the property as a scrap metal site;
10. A Certificate of Environmental Clearance issued by the Environmental Management Authority;
11. Planning Permission granted by the Town and Country Planning Division;
12. A Report on the inspection of the proposed scrap metal site from the Trinidad and Tobago Fire Service; and
13. A Report on the inspection of the proposed scrap metal site from the public health inspectorate for the Municipality in which the proposed scrap metal site is located.

The Ministry of Trade and Industry also wishes to advise the public that it intends to proclaim Section 3(1) Licensing of Scrap Metal Collectors of the Scrap Metal Act, 2022 with effect from May 1, 2024. Therefore, Scrap Metal Collectors are urged to gather all requisite documents and submit completed applications to the TLU. You are reminded that all Forms may be downloaded from the Trade and Business Information Portal (www.ttbizlink.gov.tt). Copies are also available at the TLU.

Application process for a Scrap Metal Collectors Licence

Step 1- Gather all documentation required
Based on the category of applicant (Individual, Company, Firm of Partnership, Co-operative Society), the relevant documentation should be gathered. Further information on the categories and list of documents required are attached.

Step 2- Pay application fee for a Scrap Metal Collectors Licence
Based on the category of applicant (Individual, Company, Firm of Partnership, Co-operative Society), the relevant documentation should be gathered. Further information on the categories and list of documents required are attached.

Step 3- Complete Application forms
To apply for a Scrap Metal Collectors Licence, an applicant must complete Form 3A- Application for the Issue of a Scrap Metal Collectors Licence. Forms may be downloaded from the Trade and Business Information Portal (https://info.ttbizlink.gov.tt/forms#/searchq=scrap%20metal). Copies are also available at the office of the TLU.

The Application must also include the following completed forms:

• Form 3b-a statutory declaration verifying eligibility for a licence;
• Form 5-Declaration of Consent to Entry; and
• Form 6-the AML/CFT/PF Risk Assessment Questionnaire

Step 4- Submit Applications to the Trade Licence Unit
Completed applications and requisite documentation must be submitted in hard copy to the Trade Licence Unit. The TLU will contact the applicant should any queries arise or further information is required. The completed application forms and documents will be submitted by the TLU to the Minister of Trade and Industry for approval.

Step 5- Inspection of Scrap Metal site by Scrap Metal Inspector
The TLU will notify the applicant of the Minister’s decision. In the case of an approved application, the applicant will be given a date in which the licence and scrap metal collector’s identification badge may be collected. In the case of a refused application, the applicant may request to appeal the decision within fourteen days (14) of notification by writing.

Documentation required for the Issue of a Scrap Metal Collectors Licence

Category: Individual
Documentation Required
1. Proof of payment of Application for a Scrap Metal Collectors Licence fee of TT$150
2. Two passport size photographs of the individual;
3. A copy of any of the following forms of valid identification:
a. National Identification Card;
b. Driver’s Permit; or
c. Passport Biodata Page;
4. A Certificate of Character issued by the Trinidad and Tobago Police Service no more than six months before the date of the application; and
5. Evidence of, and a statutory declaration in the form set out as Form 1B in Schedule 2 verifying, his eligibility for a licence in accordance with section 4(1)(a) of the Act

Category: Company
Documentation Required
1. Proof of payment of Application for a Scrap Metal Collectors Licence fee of TT$150
2. Its Certificate of Incorporation or Registration, as the case may be;
3. Its Articles of Incorporation;
4. A valid Income Tax Clearance Certificate;
5. A valid Value Added Tax Clearance Certificate, where applicable;
6. A valid National Insurance Board compliance certificate;
7. Proof of address of its registered or principal office, as the case may be;
8. A Certificate of character for each director issued by the Trinidad and Tobago Police Service no more than six months before the date of the application; and
9. Evidence of, and a statutory declaration in the form set out as Form 1B in Schedule 2 verifying, its eligibility for a licence in accordance with section 4(3) of the Act, including its most recent annual return

Category: Firm or Partnership
Documentation Required
1. Proof of payment of Application for a Scrap Metal Dealer’s Licence fee of TT$500
2. The Partnership Agreement;
3. A valid Income Tax Clearance Certificate;
4. A valid Value Added Tax Clearance Certificate, where applicable;
5. A valid National Insurance Board compliance certificate;
6. Proof of its address;
7. A Certificate of Character for each partner issued by the Trinidad and Tobago Police Service no more than six months before the date of the application;
8. the documents specified in the documents specified in steps (2) to (8) in the Category: Company in respect of any partner that is a Company;
9. A copy of any two of the following forms of valid identification of the site manager:
a. National Identification Card;
b. Driver’s Permit; or
c. Passport Biodata Page;

Category: Co-operative Society
Documentation Required
1. Proof of payment of Application for a Scrap Metal Collectors Licence fee of TT$150
2. Its Certificate of Registration;
3. a valid Income Tax Clearance Certificate;
4. a valid Value Added Tax Clearance Certificate, where applicable;
5. a valid National Insurance Board Compliance Certificate;
6. Proof of its address;
7. Certificate of Character for each director issued by the Trinidad and Tobago Police Service no more than six months before the date of the application; and
8. Evidence of, and a statutory declaration in the form set out as Form 1B in schedule 2 verifying, its eligibility for a licence in accordance with section 4(3) of the Act.