Partial Proclamation of the Scrap Metal Act 2022

Proclamation of additional sections 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.
    https://www.ttbizlink.gov.tt/tntcmn/

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.

The Scrap Metal Regulations 2023

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.

CHANFE 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.