Partial Proclamation of the Scrap Metal Act 2022
The Scrap Metal Act, 2022 repeals and replaces the Old Metal and Marine Stores Act, Chap. 84:07 (this Act previously governed the Scrap Metal Industry) and seeks to create a new and well-regulated scrap metal regime for Trinidad and Tobago.
With effect from 24th February, 2023, the following sections of the Scrap Metal Act, 2022 come into force: 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.
This Advisory is intended to bring awareness to the general public of the Scrap Metal Act, 2022 which will be partially proclaimed and to inform all stakeholders in the Scrap Metal Industry of the requirements to operate. The full text of the Act is available on the Parliament’s website and can be downloaded via this link: https://www.ttparliament.org/publication/the-scrap-metal-act-2022/
Requirements to Deal in Scrap Metal
Scrap Metal Dealer’s Licence (Section 3(2))
- Any valid Scrap Metal Dealer’s Licence issued under the Old Metal and Marine Stores Act, for the year ended 31st December, 2022 will be extended to 14th April, 2023. This licence will be deemed valid under the Scrap Metal Act, 2022. It should be noted that no new Dealer licences will be granted by the Minister of Trade and Industry during this transitional period.
Consent to Entry-Scrap Metal Sites (Section 5(7))
- In order to resume operations a Scrap Metal Dealer who holds a licence must submit to the Minister of Trade and Industry a declaration of Consent to Entry Form (as outlined in Second Schedule of the Scrap Metal Act, 2022) consenting to the entry of Authorised Officers on any scrap metal site specified in the licence during working hours or such other times as the premises are open to the public or otherwise in use by the licensee for the purpose of the exercise of their powers under the Act.
- An Authorised Officer as defined in the Scrap Metal Act, 2022 means a police officer, a constable appointed under the Supplemental Police Act, a Public Health Inspector of a Corporation, an Environmental Officer of the Environmental Management Authority, or a Scrap Metal Inspector.
- Dealers must submit the following documents to the Trade Licence Unit (TLU) of the Ministry of Trade and Industry (MTI) from Monday 13th – Friday 17th February 2023:
- Completed Consent to Entry Form
- Copy of one (1) form of identification (National ID/Driver’s Permit/Passport)
- Original and Copy of Dealer Licence
- The Consent to Entry Form will be available at the TLU Office (located at Ground Floor, TTMA Building, #42 Tenth Avenue, Barataria) between the hours of 8am-4pm or may be downloaded from the TTBIZLINK platform. https://www.ttbizlink.gov.tt/tntcmn/
Guidelines for Conduct of Scrap Metal Operations (Sections 17&18)
- Scrap Metal Dealers must display in a prominent place in an area accessible to the public:
- a copy of their Scrap Metal Dealer’s Licence; and
- a sign over one of the principal entrances to the site in legibly printed letters of at least two inches in length, the name in full of the person holding the licence and the words “Licensed Scrap Metal Site”.
- No person shall:
- purchase, receive, sort, pack or load scrap metal except between the hours of 7:00 a.m. and 6:00 p.m.
- purchase, receive or enter into any other transaction in relation to scrap metal with a person under the age of eighteen (18) years.
- employ any person under the age of eighteen years to purchase, receive or enter into any other transaction in relation to scrap metal.
- deal in scrap metal with any person who appears to be under the influence of any intoxicating liquor or drug.
- A person who is issued a Scrap Metal Dealer’s Licence shall operate as a scrap metal dealer from the scrap metal site listed in the scrap metal dealer’s licence.
- The loading of scrap metal into freight containers is restricted to the scrap metal site listed in the scrap metal dealer’s licence.
Retention of Scrap Metal (Section 19)
- Scrap metal purchased or received by Scrap Metal Dealers shall be kept at the scrap metal site and shall not be changed in form or shape or disfigured, used, sold, loaned or disposed of from the site for fifteen (15) days.
- Dealers who wish to ship or alter scrap metal that has been kept on a site less than the mandatory 15-day period must apply to the Minister of Trade and Industry for a permit for the shipment or alteration of scrap metal.
- Dealers must submit a completed Application for Permit for Shipment or Alteration of Scrap Metal form to the TLU Office. The form is available at the TLU or may be downloaded from the TTBIZLINK platform.
Scrap Metal Dealers’ Records (Record-keeping of scrap metal transactions) (Sections 21, 22 and 23(2))
- Scrap Metal Dealers must keep accurate and legible records, in either written or electronic form, of scrap metal that is stored, received, disposed of at their scrap metal site.
- Scrap Metal Dealers are required to record at the time of each transaction the following-
- the name, address, age, date of birth, gender, race, eye colour and hair colour, where applicable, distinguishing marks, residential address and telephone number; where applicable, business address and telephone number of the business and a copy of the person’s identification of the person from whom the scrap metal is received;
- a copy of the person’s identification as evidenced by a valid passport, driver’s permit or national identification card;
- description of scrap metal including any serial number, unique identification marks including numbers or letters, engravings, patterns, weight, brand name, model number, colour, size, weight, type and number of each item;
- date, time and place of receipt of the scrap metal;
- price of scrap metal if it has been ascertained at the time the entry is made;
- vehicle registration number of any motor vehicle or goods vehicle used to deliver the scrap metal;
- if a person other than the seller delivers the scrap metal to the scrap metal dealer; the name, address and age of the person who delivered the scrap metal; and
- a statement of ownership that is signed and dated by the person who delivered the scrap metal.
- Scrap Metal Dealers shall also keep a record of all scrap metal export transactions.
- Scrap Metal Dealers shall keep records of transactions for a period no less than six (6) years.
- The Scrap Metal Record Ledger and the Scrap Metal Export Transactions Record Ledger may be downloaded from the TTBizlink platform.
Requirements for Exporting Scrap Metal (Section 23)
- An exporter of scrap metal is required to obtain an export licence from the Minister of Trade and Industry under the Trade Ordinance 1958. These applications must be submitted electronically on TTBizlink. https://www.ttbizlink.gov.tt/tntcmn/
- The following documents must accompany the online application:
- Valid Scrap Metal Dealer’s Licence (i.e. Scrap Metal Dealer’s Licences issued under the Old Metal and Marine Stores Act, for the year ended 31 December,2022)
- 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 Dealers Record Ledger;
- 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.
- 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.
- Dealers must submit the completed Notice of Intention to Load Scrap Metal for Export form to the TLU and to the Commissioner of Police. Hard copies of the forms are available at the TLU office or may be downloaded from the TTBizlink platform https://www.ttbizlink.gov.tt/tntcmn/
- 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 Authorised Officer, which at this time would be a Police Officer, is present at the scrap metal site to conduct inspections while the scrap metal is being loaded.
- Dealers must present a Scrap Metal Export Transactions Record Ledger to the Police Officer present for the loading of scrap metal into freight container for approval and signature. Hard copies of the ledger are available at the TLU office or may be downloaded from the TTBizlink platform https://www.ttbizlink.gov.tt/tntcmn/
- Dealers must submit the approved Scrap Metal Export Transactions Record Ledger to the TLU.
- A person who exports must only load a freight container at the scrap metal site specified in the licence of a licensed Scrap Metal Dealer.
- Scrap metal kept at a scrap metal site may be held 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 an opportunity to view scrap metal before loading for export.
Inspection of premises (Section 25)
- An Authorised Officer may at any reasonable time, enter and conduct inspections of any scrap metal site and may carry out any other examination as may be necessary to verify compliance with the Act and any applicable conditions, requirements or restrictions of a scrap metal dealer’s licence.
Inspection of Person (Section 26)
- A police officer is empowered to inspect and arrest a person suspected of unlawfully owning scrap metal. The police officer shall arrest and take the person to the nearest police station and seize the scrap metal for investigation.
- A police officer may arrest a Scrap Metal Dealer who fails to produce any prescribed record for inspection in relation to scrap metal in his possession and seize the scrap metal for investigation.