the Minister; the Competent National Authority the National Focal Point the Biosafety Committee the Biosafety Scientific and Technical Advisory Sub-Committee the Biosafety Tribunal the Courts. 2.2 AND RESPONSIBILITIES The composition and roles and responsibilities of each component of the administration system is described in the box below. Component Composition and responsibilities The Minister Person responsible for biodiversity and biosafety matters Responsible for the Act Amends Schedules to the Act Makes Regulations on the advice of the Biosafety Committee Competent National Authority Chief Veterinary Officer or Designated alternative Protection and Plant Quarantine Services Ministry responsible for Health Ministry responsible for Commerce Pesticides and Toxic Chemicals Control Board Receives applications for licenses Submit applications to the Sustainable Development and Environment Officer Issue licenses Maintain records of applications and licenses Monitor and enforce the Act National Focal Point Sustainable Development and Environment Division, Department of Sustainable Development As the national focal point, the this division has as part of its responsibilities to Liaise with the Secretariat of the Protocol Receive, process and respond to information from the Secretariat Facilitate national, regional and international information sharing as the Secretariat of the Biosafety Committee
Biosafety Committee One public officer from Ministry responsible for Agriculture Ministry responsible for Sustainable Development, Energy, Science and Technology; Attorney General’s Chambers; Ministry responsible for Health; the Ministry responsible for Pharmacies; the Ministry responsible for Environmental Health; the Ministry responsible for Commerce and Consumer affairs; the National Emergency Management Organization; the Department of Customs and Excise; Saint Lucia Solid Waste Management Authority At least four members representing various private sector interests and non-governmental organizations; the Sustainable Development and Environment Officer who is ex-officio, Secretary to the Committee Co-opted persons To be dissolved if a body is created for coordination of agricultural health and food safety and its duties exercised by that body Reviews and makes decisions on applications, notifications and petitions in consultation with the Sub-Committee in conformity with the requirements of the Act Responds to complaints Establishes administrative mechanisms to ensure the appropriate handling, dissemination and storage of documents and data in connection with the processing of applications and notifications and other matters covered under the Act Promotes public awareness, education and participation concerning the activities regulated the Act including through the publication of guidance and other materials that explain and elaborate on the risk assessment, risk management and authorization processes Monitors development in the area of biotechnology and provide advice and recommendations to the Permanent Secretary and the Minister Makes recommendations to the National Emergency Management Organization, on appropriate emergency measures in order to minimize any significant adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health
Makes recommendations to the Pharmacy Council or the Bureau of Standards for labelling requirements for pharmaceuticals used for human and animal health Consults with and obtain assistance from a Competent National Authority or any Ministry or Department of Government in the areas identified in Box 3 in the Appendix Biosafety Scientific and Technical Advisory Set up by the Minister on the recommendation of the Biosafety Committee Consists of experts from the following fields agronomy molecular biology toxicology human health environmental science socio-economic development animal health experience in related to the fields Co-opted members including persons from regional or other countries, with expert knowledge or experience Conduct risk assessments Review risk assessment Review and determine risk management and risk communication measures Make recommendations on application, other appropriate scientifically sound conditions and risk management measures; and Provide such other expert advice and assistance Establish a sub-sub-committee drawn from governmental agencies or independent institutions Regulate its own proceedings. Biosafety Tribunal Established under of the Act consists of three or five members, appointed by the Chief Justice headed by a Chairperson who is a practitioner of not less than five years standing Hear and determine appeals made by persons against any decision made by the Biosafety Committee under the Act including the exercise of enforcement powers under the Act; and
genetically modified organism; information on the circumstances and estimated date of the introduction of the genetically modified organism; any available information about the possible adverse effect on the conservation and sustainable use of biological diversity or risk to human health, as well as available information about possible risk management measures; any other relevant information; and a point of contact for further information. The following are notified of the unintentional introduction into the environment affected or potentially affected countries or persons; the Sustainable Development and Environment Division which will in turn notify the Biosafety established under the Protocol; where appropriate, relevant international organizations; and the National Emergency Management Organization. 4.3 The compliance measures available under the Biosafety Act are as set out below. Compliance measures Type Description Form Effect Punishment Cancellation of application (section 41) An application is cancelled if the applicant does not provide additional information as requested within 30 days of the information being requested. None Applicant of the cancellation and return the cancelled application to the applicant None Conditions on licence Requirement that the person holding the licence must comply None Failure to comply with any condition is a Suspension or revocation of
contravention of the Act licence (See below) Suspension or revocation of licence Licence suspended or revoked if the licensee – has been convicted of an offence under the Act or the Regulations made under the Act fails to comply with the conditions imposed on the licence in the opinion of the Committee, new information or a review of existing information the genetically modified organism establishes risks to human or animal health, biological diversity or the environment, based on the precautionary approach. Competent National Authority gives to the licensee notice in writing of the proposal and reasons for the proposal invites the licensee to show reasons in writing or otherwise why the Committee should not proceed as proposed within 21 days Licensee given notice in writing of the revocation and information concerning the right of appeal under the Act None Destruction of any growing organism and the sterilization of the soil in which they are being grown in accordance with any applicable law and on payment of compensation. None Cessation notice and imposition of additional risk management measures (section 63) Issued there is an imminent danger posed to the conservation and sustainable use of biological diversity, taking into account risks to human health, on the basis of - conducted and evaluated in a manner consistent with accepted scientific procedures; or other validated scientific evidence. Obtain assistance from a police officer to ensure that the cessation notice is complied with. Form 12 of Schedule 1 to the Regulations Causes the immediate cessation of any activity covered by a licence and for the immediate imposition of additional risk management measures with respect to such activity. $50,000, imprisonment for a term not exceeding six years or to both fine and imprisonment Notice to remedy contravention (section 64) Issued where it appears that a person has failed, refused or neglected to comply with the requirements of the Act. Form 13 in Schedule 1 to the Regulations Specifies the remedy to be employed and the time in which the person must $2,000.
Agricultural Small Tenancies Act, Cap. 5.03 Regulation of small agricultural tenancies. Animals (Disease and Importation) Act, Cap. 7.17 Control of the importation of animals, birds, reptiles and insects and regulation of diseased animals. Draft Food Safety Act Food safety. Fisheries Act, Cap. 7.15 Marine reserves and aquaculture. Plant Protection Act, Cap. 7.12 Control of pests and diseases injurious to plants and the prevention of the introduction of exotic species. Praedial Larceny Act, Cap. 3.05 Prevention of praedial larceny. Water and Sewerage Act, Cap. 9.03 Management of water resources. External Trade Act, Cap. 13.11 Control the importation and exportation of goods. Free Zone Act, Cap. 15.17 Establishment and operation of free zones. Education Act, Cap. 18.01 Provision of a regulatory system for the delivery of educational services in Lucia. Customs (Control and Management) Act, Cap. 15.05 Regulation of goods entering and leaving a customs port, airport or area. Special Development Areas Act, Cap. 15.29 Designation of certain areas as special development areas. Public Health Act, Cap. 11.01 Promotion and preservation of the health of Saint Lucians. Physical Planning and Development Act, Cap. 5.12 Provides for the use of land. Shipping Act, Cap. 13.27 Regulation of packaging and handling of dangerous Cultural Development Foundation Act, Cap. 17.04 Regulation of the promotion, development and management of the arts and culture. Constituency Council Act, No. 1 of 2012 To establish Constituency Councils to assist with the management of resources to be used for the development of constituencies. Disaster Management Act, No. 30 of 2006 Makes provision for the mitigation of, preparedness for, response to and recovery from emergencies and disasters.