Gazette June 05, 2023 Part A Vol. CLVIII No. 57 Acts 10 to 13

WATER REUSE ACT, 2023–10
Arrangement of Sections
PART I PRELIMINARY

Short title
Interpretation
Act binds State
Administration

PART II WATER REUSE COMMITTEE

Establishment of Committee
Functions of Committee
Directions

PART III WASTEWATER TREATMENT PERMIT

Permit required to produce reclaimed water for sale etc.
Application for permit

WATER REUSE ACT, 2023–10

Determination of application and issue of permit
Display of permit
Amendment of permit PART IV

OPERATION OF WASTEWATER TREATMENT PLANT AND USE OF RECLAIMED WATER

Types of wastewater for use in wastewater treatment plant
Use of reclaimed, non-potable water
Prohibition on obtaining reclaimed water from person without permit

PART V

INSPECTION AND ENFORCEMENT

Inspection
Inspection before permit issued
Re-inspection
Report on inspection
Warning
Suspension or revocation of permit

WATER REUSE ACT, 2023–10
PART VI
MISCELLANEOUS

Experts
Wastewater Register
Offences
Offence continuing after conviction
Administrative penalties
Amendment of Schedule
Regulations
SCHEDULE
WATER REUSE COMMITTEE

WATER REUSE ACT, 2023–10
BARBADOS
I assent
S. MASON President of Barbados 1st June, 2023.
2023–10
An Act to provide for the capture, collection, treatment and reuse of wastewater for various purposes.
[Commencement: 5th June, 2023] ENACTED by the Parliament of Barbados as follows:
WATER REUSE ACT, 2023–10
PART I
PRELIMINARY

Short title

This Act may be cited as the Water Reuse Act, 2023.

Interpretation

In this Act, “agricultural wastewater” means
(a)
excess water that runs off the field or other areas during surface irrigation or watering, containing salts, nutrients, pesticides, herbicides and other agricultural chemicals from the field or other areas;

(b)
wastewater generated from the handling of crops and from food processing operations, usually with a high concentration of organic matter;

(c) wastewater generated from caring for and slaughtering farm animals; “approved form” means such form as the Minister may approve for the purposes of this Act; “black water” means wastewater that includes urine or human excreta with paper
or both; “Committee” means the Water Reuse Committee established by section 5; “domestic wastewater” means black water and grey water generated in a house
or other dwelling place; “edible crops” means crops for human consumption;
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“grey water” means wastewater generated from a kitchen, sink, shower, bathtub or washbasin or from laundry in
(a)
a house or other dwelling place;

(b)
an office building; or

“industrial wastewater” means wastewater, containing toxic or non-toxic chemical compounds or biological matter, generated in
(a)
a manufacturing or industrial process as a means of cooling during the process;

(b)
a production process, and later separated; or

“inspector” means the Chief Medical Officer, the Director, Environmental Protection Department or such other public officer as the Chief Medical Officer or the Director may authorise to conduct an inspection under this Act;
“Minister” means the Minister with responsibility for Health;
“non-potable water” means water which is not of a standard to be used as potable water;
“Permanent Secretary” means the Permanent Secretary of the Ministry with responsibility for Health;
“permit holder” means a person who holds a wastewater treatment permit;
“potable water” means water of a standard of treatment or quality which makes it suitable for domestic use or human consumption;
“public officer” has the meaning assigned to it by section 2 of the Public Service Act, Cap. 29;
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“reclaimed water” means water collected from wastewater and treated or processed to meet specific water quality criteria for use by the public or in a manner which may affect or impact the public;
“surface runoff” means water, primarily from precipitation, running over the landscape;
“wastewater” means
(a) water that has been used or is a by-product of an activity, and contains other matter, whether in a solid, liquid or gaseous state; and
(b) surface runoff; “wastewater treatment permit” means a permit described in section 8.

Act binds State

This Act binds the State.
Administration
4.(1) The Minister is responsible for the administration of this Act.

(2)
The Minister may delegate to such public officer as he considers appropriate any function related to the administration of this Act except his functions under sections 27 and 28.

(3)
Without prejudice to the generality of subsections (1) and (2), the Minister may delegate to the Permanent Secretary or the Chief Medical Officer, his functions in respect of wastewater treatment permits including the issue, registration, amendment, suspension and revocation of such permits.

(4)
Notwithstanding subsection (1), for the avoidance of doubt, the Director, Environmental Protection Department shall be responsible for

(a) the inspection of a wastewater treatment plant or premises on which such a plant is to be situated for the purpose of determining its suitability or continued suitability for producing reclaimed water for sale or other supply; and
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(b) monitoring the impact of the operation of the plant on the environment.
PART II
WATER REUSE COMMITTEE

Establishment of Committee
5.(1) There is established a committee to be known as the Water Reuse Committee.
(2) The Schedule has effect with respect to the constitution of the Committee and otherwise in relation to the Committee.
Functions of Committee 6.(1) The functions of the Water Reuse Committee are to
(a)
consider and make recommendations to the Minister on any application for a wastewater treatment permit;

(b)
determine the suitability of premises and structures on premises for a wastewater treatment plant for the production of reclaimed water for sale or other supply to persons;

(c)
monitor each permit holder to determine whether the permit holder is in compliance with this Act and the terms and conditions of his permit;

(d)
inquire into any complaint made against a permit holder; and

(e)
make recommendations, where appropriate, on the suspension or revocation of any wastewater treatment permit.

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(2) The Committee may, for the purposes of subsection (1)
(a)
require a person to appear before the Committee to answer questions or produce reports or other documents with respect to an application for a wastewater treatment permit;

(b)
require a person to produce a report or other document where it is reasonably believed to contain information relevant to an application, and take and keep a copy of the report or other document;

(c)
make inquiries of a person, whether orally or in writing, with respect to an application for a permit, premises subject to a permit or any other matter related to this Act; and

(d)
require a person to appear before the Committee to answer questions or produce documents with respect to a complaint made against a permit holder.

Directions

The Minister may give directions of a general nature as to the policy to be followed in the administration of this Act, as appear to the Minister to be necessary in the public interest; and every person exercising a function in the administration of this Act shall comply with the directions.
PART III
WASTEWATER TREATMENT PERMIT

Permit required to produce reclaimed water for sale etc.

No person shall sell or otherwise supply reclaimed water to another without a permit issued to him by the Minister for the purpose.
WATER REUSE ACT, 2023–10

Application for permit
9.(1) A person may, in the approved form and upon payment of the prescribed fee, apply to the Minister for a wastewater treatment permit.
(2) An applicant shall submit with his application such information as may be required by the Minister to determine whether a permit should be issued to the applicant.

Determination of application and issue of permit
10.(1) Where the Minister receives an application for a wastewater treatment permit, the Minister shall submit the application to the Committee for consideration.
(2)
The Committee may, upon consideration of the application, any report submitted pursuant to section 19 on an inspection conducted in relation to the application, and such other information as may be relevant to the application, recommend to the Minister that

(a)
the wastewater treatment permit be issued;

(b)
consideration of the application be suspended until any matter identified by the Committee as requiring rectification is rectified to the satisfaction of the Committee; or

(3)
Where the Committee recommends that

(a)
a wastewater treatment permit be issued to an applicant, the Minister shall, in the approved form and upon payment of the prescribed fee, issue the permit to the applicant;

(b)
consideration of the application be suspended, the Minister shall notify the applicant in writing of the matter to be rectified for the applicant to qualify for the issue of a permit; or

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(c) the application be refused, the Minister shall notify the applicant in writing of the refusal and the reason for the refusal.
(4) A wastewater treatment permit
(a)
shall be subject to such terms and conditions as the Minister, on the recommendation of the Committee, shall specify in the permit;

(b)
is not transferable;

(d)
may be renewed on a further application under this section at least one month prior to the expiration of the permit.

Display of permit

A permit holder may display a copy of his wastewater treatment permit in a conspicuous place on the premises where he operates his business, and shall, where the permit is not displayed, ensure that the permit is available for inspection upon request.
Amendment of permit 12.(1) The Minister may amend a wastewater treatment permit to
(a)
reflect a change in the name, address or other particulars of a permit holder; or

(b)
alter the terms and conditions of the permit.

(2) Notwithstanding subsection (1)(b), the Minister shall not amend the terms and conditions of a permit without giving the permit holder notice in writing of the intended action and the reason for it, and an opportunity to make representations in relation thereto.
WATER REUSE ACT, 2023–10
PART IV

OPERATION OF WASTEWATER TREATMENT PLANT AND USE OF
RECLAIMED WATER

Types of wastewater for use in wastewater treatment plant

A permit holder may use the following types of wastewater to produce reclaimed water for sale or other supply, and use, in accordance with this Part:
(a)
agricultural wastewater;

(b)
industrial wastewater;

(d)
surface runoff.

Use of reclaimed, non-potable water

Reclaimed water that is non-potable may be used for
(a)
flushing water closets;

(b)
cleaning outdoor surfaces;

(i)
edible crops;

(ii)
household gardens;

(iii) ornamental plants and trees; and
(iv) green spaces;

(d)
cleaning animal pens, coops or holding areas;

(e)
flushing and cooling equipment;

(f)
filling surface ponds or lakes;

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(g)
recharging the groundwater; and

(h)
other similar purposes.

Prohibition on obtaining reclaimed water from person without permit
15.(1) No person shall purchase or otherwise obtain reclaimed water from a wastewater treatment plant unless a wastewater treatment permit has been issued in respect of the plant.
(2) A permit holder who sells or otherwise supplies reclaimed water shall maintain a register containing the following particulars:
(a)
the name, address and contact information of each person to whom the reclaimed water is supplied;

(b)
the volume of reclaimed water supplied to the person and the purpose for which the person intends to use the reclaimed water;

(d)
such other information as may be required for the purposes of this Act.

PART V
INSPECTION AND ENFORCEMENT

Inspection
16.(1) An inspector may inspect a wastewater treatment plant or premises on which such a plant is to be situated for the purpose of
(a)
determining an application for a wastewater treatment permit;

(b)
assessing whether a matter required to be rectified by an applicant for a permit, or by a permit holder, has been satisfactorily rectified;

WATER REUSE ACT, 2023–10
(c)
assessing whether a permit holder is in compliance with this Act, the terms and conditions of his permit or any request made, or direction given, in writing under this Act; or

(d)
determining whether this Act or a term or condition of a permit has been contravened,

or for any other purpose related to the administration of this Act.
(2)
An inspector may, for the purpose of an inspection under subsection (1)

(a)
enter any premises or any private road connected with such premises, and search the premises;

(b)
stop and search any motor vehicle on the premises that is used to transport wastewater or reclaimed water;

(d)
make such copies of documents, take such photographs, make such videos or voice recordings or use such equipment, technology or facility as may be necessary to ensure that evidence to support the findings of the inspection is acquired;

(e)
require the production of any report or other document which is reasonably believed to contain information relevant to the purpose of the inspection;

(f)
make inquiries of any person, whether orally or in writing; and

(g)
exercise such other powers as may be necessary for the purposes of the inspection.

(3)
An inspector shall, prior to an inspection, identify himself by the production of the official form of identification issued to him.

(4)
An inspector may be accompanied and assisted in an inspection by a member of the Barbados Police Service or an expert appointed under section 22 or both.

WATER REUSE ACT, 2023–10

Inspection before permit issued

Without prejudice to the generality of section 16, where an application for a wastewater treatment permit is made, an inspector shall, before the application is determined, inspect the premises and any wastewater treatment plant related to the application.

Re-inspection

An inspector may, for the purposes of section 16, upon payment of the prescribed fee by an applicant for a wastewater treatment permit or by a permit holder, conduct a re-inspection of any premises or wastewater treatment plant.

Report on inspection
19.(1) An inspector shall, within 21 days of an inspection under section 16, 17 or 18, submit to the Minister a written report on the inspection.
(2) The report shall include
(a)
the date and time of the inspection;

(b)
where the inspection relates to an application for a wastewater treatment permit

(i)
a recommendation with respect to the issue of the permit;

(ii)
an assessment of whether the premises meet the requirements for the issue of the permit; and

(iii) where the premises are deficient,
(A)
the measures to be taken to rectify the deficiencies; and

(B)
the date of any proposed re-inspection to ascertain whether the measures have been taken;

WATER REUSE ACT, 2023–10
(c)
where the inspection relates to a wastewater treatment plant in respect of which a permit has been issued,

(i)
a statement on whether the permit holder is in compliance with this Act and the terms and conditions of the permit; and

(ii)
where the permit holder is not so in compliance

(A)
the provisions of this Act or the terms and conditions of the permit which have been contravened;

(B)
the nature of the contravention;

(D)
the proposed date for re-inspection to reassess compliance; and

(E)
a recommendation, where appropriate, as to whether the permit should be suspended or revoked; and

(d)
evidence in support of the findings of the inspection.

(3) An applicant for a wastewater treatment permit or a permit holder, as the case may be, shall be provided with a written summary of a report of an inspection concerning him; and the summary shall include
(a)
the date and time of the inspection; and

(b)
the information set out in subsection (2)(b)(ii) and (iii) or (c), as appropriate.

Warning
20.(1) Where an inspection reveals an area of concern which was the subject of a prior request for rectification, the Minister may, on the recommendation of the Committee, issue a written warning to the permit holder requiring that the area of concern be rectified within a specified period.
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(2)
The warning shall

(a)
state the area of concern;

(b)
give details of any prior written requests for rectification of the area of concern including the number of times such requests were issued;

(e)
advise that non-compliance may result in the suspension or revocation of the permit.

(3)
The Minister may, subject to section 21, suspend or revoke a wastewater treatment permit where the permit holder fails to comply as required in a warning.

Suspension or revocation of permit
21.(1) Subject to subsections (2) and (3), the Minister may, on the recommendation of the Committee suspend or revoke a wastewater treatment permit where
(a)
the permit holder

(i)
fails or refuses to comply with this Act, the terms and conditions of his permit or any request made, or direction given, in writing under this Act;

(ii)
is convicted of an offence under this Act; or

(iii) has altered the operation of the wastewater treatment plant in such a manner that he no longer qualifies for a wastewater treatment permit in respect of the plant;

(b)
the permit holder or his agent or employee refuses to facilitate an inspection in accordance with this Act; or

(c)
there is a direct or indirect danger to the health or safety of persons from use of reclaimed water from the wastewater treatment plant, and

WATER REUSE ACT, 2023–10
the relevant authorities have given the necessary notifications under the Health Services Act, Cap. 44, the Safety and Health at Work Act, Cap. 356 or under any other relevant enactment.
(2)
The Minister shall not suspend or revoke a permit without giving the permit holder

(a)
written notice of the intended suspension or revocation, and the reason for it;

(b)
where appropriate, a further period during which the permit holder may rectify any area of concern requiring rectification; and

(c)
10 days, from the date of the notice, to make representations as to why the permit should not be suspended or revoked.

(3)
The Minister may suspend or revoke a permit where

(a)
an area of concern is not rectified by the permit holder by the end of the period described in subsection (2)(b); or

(b)
a suitable explanation as to why the permit should not be suspended or revoked is not received from the permit holder by the end of the period described in subsection (2)(c).

(4)
Where the Minster suspends or revokes a permit, the Minister shall

(a)
give the permit holder written notice of the suspension or revocation; and

(b)
cause notice of the suspension or revocation and, in the case of a suspension, of the period of the suspension, to be published in the Official Gazette.

(5)
Notwithstanding subsection (2)(c), where subsection(1)(c) applies, the Minister may suspend or revoke a permit with immediate effect.

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PART VI
MISCELLANEOUS

Experts

A person with a particular expertise, other than a public officer, may, where appropriate, be appointed in writing to assist the Committee or an inspector in the exercise of their functions under this Act including in
(a)
the conduct of an inspection;

(b)
the assessment of an application for a wastewater treatment permit; and

(c)
the monitoring of a permit holder to determine whether he is in compliance with this Act and the terms and conditions of his permit.

Wastewater Register
23.(1) The Minister shall cause to be maintained, for the use of the Committee, a register to be known as the “Wastewater Register”, containing the following particulars in respect of wastewater treatment permits:
(a)
the name, address and contact information of each permit holder;

(b)
where a permit holder is a company, the registration number, registered business address and names of the directors of the company;

(d)
the date of issue and of expiration of the permit;

(e)
any amendment of the permit;

(f)
any period of suspension of the permit; and

(g)
any revocation of the permit and the date of the revocation.

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(2) The Minister shall cause to be published in the Official Gazette, by the 31st of January each year, a list of the names and registered business addresses of permit holders.
Offences 24.(1) A person who
(a)
without a wastewater treatment permit, sells or otherwise supplies reclaimed water to another;

(b)
makes available or misrepresents as fit for human consumption, reclaimed water that is non-potable;

(d)
uses black water to water, irrigate or treat edible crops which are to be or are sold or otherwise supplied for human consumption,

is guilty of an offence and is liable, on summary conviction, to a fine of $500 000 or to imprisonment for 10 years or both.
(2) A person who
(a)
obstructs an inspector or an expert appointed under section 22 in the exercise of a function under this Act;

(b)
knowingly gives false information or misleading information in connection with an application for a wastewater treatment permit or an inspection under this Act; or

is guilty of an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for 5 years or both.
(3) For the avoidance of doubt, a person whose wastewater treatment permit is suspended or revoked shall not be regarded as being in breach of subsection
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(1) or section 8 where the person disposes of any reclaimed water in his possession in accordance with the written directions or approval of the Minister.

Offence continuing after conviction

Where a person is convicted of an offence under section 24 and the contravention of this Act leading to his conviction continues after conviction, the person shall, unless he has a reasonable excuse for the continued contravention, be guilty of a further offence under this Act and may, on conviction, be penalized in accordance with that section.

Administrative penalties
26.(1) Where the Minister is satisfied, on the advice of the Committee, that a permit holder has
(a)
contravened a term or condition of his wastewater treatment permit;

(b)
failed to maintain adequate and accurate records on the operations of the wastewater treatment plant;

(d)
contravened any other provision of this Act or regulations made under this Act,

and the contravention does not constitute an offence, the Minister may, subject to subsection (4), impose on the permit holder, an administrative penalty of $5 000.
(2) Where a permit holder is required to take measures, by a specified date, to rectify
(a)
an area of concern identified pursuant to an inspection; or

(b)
a contravention or failure described in subsection (1),

and the Minister is satisfied, on the advice of the Committee, that the permit holder has failed to take the measures, the Minister may impose on the permit
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holder, in addition to the penalty specified in that subsection, an administrative penalty of $500 for every day or part of a day that the permit holder fails to take the measures.
(3)
The administrative penalty referred to in subsection (2)

(a)
may be imposed from the day following the date by which the permit holder was required to have taken the measures; and

(b)
shall not be imposed in respect of a period of more than 30 days.

(4)
The Minister shall not impose an administrative penalty on a permit holder under subsection (1) without first giving the permit holder written notice of imposition of the administrative penalty.

(5)
The notice referred to in subsection (4) shall

(a)
specify the nature of the act constituting the contravention and the penalty to be paid;

(b)
require the permit holder to pay the penalty to the Minister within 10 days of the date of the notice; and

(c)
advise the permit holder that a further penalty of $500 for every day or part of a day may be imposed for a period of 30 days where the permit holder is required to take measures, by a specified date, to rectify a matter described in subsection (2)(a) or (b) but fails to take the measures.

(6)
A person who is in receipt of an administrative penalty notice shall pay the amount of the penalty to the Minister and comply with any additional requirement contained in the notice on or before the date specified in the notice.

(7)
An administrative penalty may be recovered as a debt due to the State.

Amendment of Schedule

The Minister may by Order amend the Schedule.
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Regulations 28.(1) The Minister may make regulations for
(a)
the standards of treatment to be applied in relation to reclaimed water for sale or other supply to persons;

(b)
standards for the treatment of wastewater to be used in the operation of a wastewater treatment plant otherwise than directly to obtain reclaimed water for sale or other supply;

(d)
the tests to be conducted by a permit holder, and the form and procedure for the submission of test results and related information;

(e)
safe operating procedures;

(f)
the forms and types of training and certification which a permit holder must ensure among employees;

(g)
the fees to be paid under this Act; and

(h)
generally giving effect to this Act.

(2) Where regulations made under this Act create an offence, the regulations may provide for a penalty of a fine of $50 000 or imprisonment for 5 years or both, on summary conviction in respect of the offence.
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SCHEDULE
(Sections 5 and 27)

WATER REUSE COMMITTEE
Composition

The Water Reuse Committee shall comprise the following persons, ex officio:
(a)
the Permanent Secretary or his nominee;

(b)
the Chief Medical Officer or his nominee;

(d)
the Solicitor General or his nominee;

(e)
the Director, Coastal Zone Management Unit or his nominee;

(f)
the Chief Agricultural Officer or his nominee;

(g)
the Director, Analytical Services or his nominee; and

(h)
the Director of Planning and Development or his nominee.

Chairman and Deputy Chairman
2.(1) The Permanent Secretary shall be Chairman of the Committee.

(2) The Chief Medical Officer shall be Deputy Chairman of the Committee and shall, in the absence of the Chairman, function as Chairman.

Secretary

The Permanent Secretary shall assign a public officer from the Ministry with responsibility for Health to be secretary to the Committee to assist the Committee with such clerical and secretarial duties as may be required.
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Quorum

Five members of the Committee shall constitute a quorum.

Meetings
5.(1) The Committee shall meet at such times and places as may be necessary or expedient for the transaction of its business.
(2)
Notwithstanding subparagraph (1), the Chairman may at any time summon a meeting of the Committee.

(3)
The secretary to the Committee shall ensure that minutes are kept for each meeting and confirmed

(a)
by electronic means prior to the next meeting; or

(b)
orally or in writing at the next meeting.

(4)
Decisions of the Committee shall be by a majority of votes and, where the voting is equal, the person presiding at a meeting shall have a casting vote.

(5)
The validity of the proceedings of the Committee shall not be affected by a vacancy amongst the members of the Committee.

Procedure

Subject to this Act, the Committee may regulate its own procedure and proceedings.

PUBLIC PROCUREMENT (AMENDMENT) ACT, 2023–11
Arrangement of Sections

Short title
Amendment of section 3 of Act 2021-30
Amendment of section 12 of Act 2021-30
Repeal and replacement of section 85 of Act 2021-30
Repeal and replacement of section 86 of Act 2021-30
Repeal and replacement of section 87 of Act 2021-30
Amendment of section 90 of Act 2021-30
Commencement

PUBLIC PROCUREMENT (AMENDMENT) ACT, 2023–11
BARBADOS
I assent
S. MASON President of Barbados 1st June, 2023.

2023–11
An Act to amend the Public Procurement Act, 2021.
[Commencement: by Proclamation]
ENACTED by the Parliament of Barbados as follows:
PUBLIC PROCUREMENT (AMENDMENT) ACT, 2023–11

Short title

This Act may be cited as the Public Procurement (Amendment) Act, 2023.
Amendment of section 3 of Act 2021-30
Section 3(2) of the Public Procurement Act, 2021 (Act 2021-30), in this Act referred to as the principal Act, is deleted and the following substituted:
“(2) Notwithstanding subsection (1), to the extent that
(a)
any other provision of this Act conflicts with the Protocol; or

(b)
this Act conflicts with an obligation of the State under or arising out of a treaty or other form of agreement between Barbados and

(i)
another state, including an agreement for technical or other cooperation;

(ii)
an authority or agent of another state including a statutory body or other enterprise owned or controlled by the state and a private enterprise acting as an agent of the state; or

(iii) an international or regional organization including an international financial institution,
the requirements of the Protocol, treaty or other agreement shall prevail.
(3) For the avoidance of doubt, public procurement proceedings may be conducted wholly or partially by electronic means.”.
Amendment of section 12 of Act 2021-30

Section 12(c) and (d) of the principal Act are deleted and the following substituted:
PUBLIC PROCUREMENT (AMENDMENT) ACT, 2023–11
“(c) maximizes economy and efficiency and promotes best value for money;
(d)
promotes sustainable development; and

(e)
promotes the socio-economic policies of Government.”.

Repeal and replacement of section 85 of Act 2021-30

Section 85 of the principal Act is deleted and the following substituted:

“Suppliers Register
85.(1) The Chief Procurement Officer shall establish and maintain a register to be called the Suppliers Register.
(2) The Suppliers Register
(a) shall include in respect of every supplier registered pursuant to section 86
(i)
the name, address and other contact information of the supplier;

(ii)
evidence regarding the legal capacity of the supplier to enter into a procurement contract;

(iii) a statement as to whether the supplier is registered as a supplier of goods, services or works or a combination of the three;
(iv)
the unique registration number assigned to the supplier pursuant to section 86(4); and

(v)
the date of registration; and

PUBLIC PROCUREMENT (AMENDMENT) ACT, 2023–11
(b) may include, where available
(i)
the taxpayer identification number and national insurance number of the supplier;

(ii)
the bank account information of the supplier;

(iii) any information available as to the eligibility of the supplier to participate in public procurement;
(iv)
any information available as to the qualifications of the supplier to supply the goods, services or works he proposes to supply;

(v)
a record of the current and past procurement contracts of the supplier, if any, and of his performance under the contracts; and

(vi)
such other information as the Chief Procurement Officer may consider appropriate.

(3)
The Chief Procurement Officer shall, twice annually, publicize the existence of the Suppliers Register and the requirement and procedure for suppliers to be registered.

(4)
The entry of the name of a supplier in the Suppliers Register shall not be construed as an indication that the supplier is suitable to participate in any particular procurement.”.

Repeal and replacement of section 86 of Act 2021-30

Section 86 of the principal Act is deleted and the following substituted:
PUBLIC PROCUREMENT (AMENDMENT) ACT, 2023–11

“Suppliers to be registered
86.(1) A procuring entity shall not enter into a procurement contract with a supplier unless the supplier is registered under this section.
(2) The Chief Procurement Officer shall, as soon as practicable after the commencement of this Act, enter in the Suppliers Register, the name of any supplier who
(a)
immediately before the commencement of this Act was registered with the Chief Procurement Officer; and

(b)
consents to such entry,

and such a supplier shall be taken to be registered for the purposes of this section.
(3)
A person other than a supplier described in subsection (2) may apply to the Chief Procurement Officer, in such form as the Chief Procurement Officer may specify, to be registered as a supplier; and the Chief Procurement Officer may register the person upon receipt of the information specified in section 85(2)(a)(i) to (iii).

(4)
The Chief Procurement Officer shall issue a unique registration number to every registered supplier.

(5)
Registration under this section is valid for one year and may be renewed annually by such date as the Chief Procurement Officer may specify.”.

Repeal and replacement of section 87 of Act 2021-30

Section 87 of the principal Act is deleted and the following substituted:
PUBLIC PROCUREMENT (AMENDMENT) ACT, 2023–11

“Changes affecting registration
87.(1) Where a material change in the circumstances of a supplier renders information submitted to the Chief Procurement Officer for the purposes of registration under section 86 misleading, inaccurate or incomplete, the supplier shall, as soon as practicable, notify the Chief Procurement Officer in writing of the change.
(2)
In subsection (1), “material change” includes a change of the name under which, or the address at which, the supplier conducts business and a change that renders a supplier ineligible to participate in public procurement.

(3)
The Chief Procurement Officer shall, where he is satisfied that any information in the Suppliers Register is misleading, inaccurate or incomplete

(a)
alter the register to rectify the matter; and

(b)
where the alteration was made otherwise than at the request of a supplier but substantially affects the supplier, notify the supplier in writing of the fact of the alteration and the nature of it.”.

Amendment of section 90 of Act 2021-30

Section 90(1) of the principal Act is amended by inserting after the word “who”, the words “is or”.
Commencement
This Act shall come into operation on a day to be fixed by Proclamation.
Establishment of the Oversight Committee
Settlement of disputes
Regulations
Repeal
Commencement FIRST SCHEDULE

THREE HOUSES SPRING (MANAGEMENT AND CONTROL) ACT,
2023–12

Arrangement of Sections

Short title
Interpretation
Application
Role and functions of the BADMC
Emergency measures
Rights of entry of the BADMC
Notice of intention
Persons entitled to use water
Farmers at former River Plantation
Prohibited conduct
Interference with functions of the BADMC

Description of Tree Houses Spring SECOND SCHEDULE Map of Tree Houses Spring THIRD SCHEDULE Riparian Owners BARBADOS
I assent
S. MASON President of Barbados 1st June, 2023.
2023–12
An Act to provide for the management and control of the spring known as Three Houses Spring.
[Commencement: by Proclamation]
ENACTED by the Parliament of Barbados as follows:
Short title

This Act may be cited as the Three Houses Spring (Management and Control) Act, 2023.
Interpretation
In this Act, “BADMC” means the Barbados Agricultural Development and Marketing Corporation established under the Barbados Agricultural Development and Marketing Corporation Act, Cap. 254; “BWA” means the Barbados Water Authority established under the Barbados Water Authority Act, Cap. 274A; “Committee” means the Three Houses Spring Oversight Committee established
by section 12;
“Minister” means the Minister responsible for Agriculture;
“Permanent Secretary” means the Permanent Secretary with responsibility for
the Ministry of Agriculture; “pollute” includes
(a)
contaminating or causing a change in the physical, chemical, biological, bacteriological or other properties of the water in the spring;

(b)
introducing noxious or toxic substances in the water likely to cause harm to livestock, human beings, fauna or flora; or

“riparian owners” means the owners for the time being of lands adjacent to the spring and whose names are set out in the Third Schedule, their successors in title or assigns;
“spring” means the spring known as Three Houses Spring as described in the First Schedule and shown on a map in the Second Schedule.
Application

This Act shall apply to the spring described in the First Schedule and delineated on a map in the Second Schedule notwithstanding anything contained in the Underground Water Control Act, Cap. 283 and the Barbados Water Authority Act, Cap. 274A.
Role and functions of the BADMC
4.(1) The BADMC shall manage and control the spring and the stream flowing therefrom to ensure that all persons entitled to receive and use the water flowing from the spring are treated fairly and equitably.
(2) The BADMC shall
(a)
maintain the proper alignment of the spring;

(b)
keep and maintain registers of all persons entitled to abstract and use water from the spring;

(c)
measure and regulate the flow of water from the spring and establish the volume and distribution of water to maintain adequate water levels in the spring;

(d)
regulate the manner in which water may be extracted from the spring and where the BADMC considers it necessary, install sluice-gates or similar contrivances or devices to control the volume or flow of water;

(e)
ensure the regular cleaning of the spring and the areas surrounding the spring;

(f)
transfer water from the spring to such channels, ponds or reservoirs as may be deemed necessary or expedient;

(g)
regulate the distribution of water from the spring among the persons entitled to receive and use the water:

(h)
take prompt action to prevent or rectify pollution of the spring;

(i)
carry out tests to analyse the quality of the water;

(j)
cause the abatement of any nuisances; and

(k)
establish water rates for the extraction and use of the water from the spring after consultation with the BWA.

Emergency measures
5.(1) Where the BADMC is satisfied that the spring is in danger of its water being depleted or that there is an imminent threat to the spring the BADMC may do all things necessary to protect and preserve the spring.
(2) Where Brown’s Pond becomes flooded, the BADMC shall take such measures as are necessary or expedient, including channelling excess water into wells south of Brown’s Pond to alleviate the effects of flooding and to protect the crops and livestock of tenants and lessees of a riparian owner or the BADMC.
Rights of entry of the BADMC
6.(1) Subject to subsections (2) and (3), the employees or duly authorized agents of the BADMC may enter the premises of a riparian owner, a lessee or tenant of a riparian owner, or a lessee or tenant of the BADMC to
(a)
oversee the laying of pipes and any associated equipment;

(b)
install devices or contrivances for monitoring or managing the flow of water in the spring;

(d)
investigate offences under this Act;

(e)
clean the spring;

(f)
divert or impound water from the spring; or

(g)
deal with anything likely to cause a nuisance.

(2)
The BADMC shall be liable to make reasonable compensation to any of the persons referred to in subsection (1) for any loss or damage occasioned during the performance of the functions of the BADMC under this section including restoration of any of the damaged property to its original condition.

(3)
Compensation payable under this section may be in such amount as is agreed between a person referred to in subsection (1) and the BADMC, or in default of agreement, in such amount as the Committee shall determine.

Notice of intention
7.(1) The BADMC shall give notice in writing to the owner or occupier of premises, as the case may be, of its intention to commence work at least 3 days before employees or duly authorized agents perform any function under section

(2) In the case of an emergency arising, notice shall be given as soon as possible after the necessity for the action has arisen or after the action is begun.
Persons entitled to use water
8.(1) A person shall be entitled to use the water from the spring, free of charge, for the purposes of
(a)
shorebird hunting;

(b)
model boat racing;

(d)
the maintenance of a bird or wildlife sanctuary;

(e)
bathing; or

(f)
religious practices.

(2) Subject to any regulations made under this Act
(a)
riparian owners;

(b)
lessees, tenants, licencees of riparian owners; and

(3)
Lessees or tenants of the BADMC shall be entitled to use the water from the spring at such rates and fees charged by the BADMC.

(4)
A person who claims title from a riparian owner shall make an application to the BADMC to be registered as a riparian owner and on proof of title shall be registered as a riparian owner.

(5)
The persons referred to in subsections (2) and (3) shall be entitled to abstract and use the water from the spring solely for the purposes of

(a)
agriculture production, including food production;

(b)
horticulture;

(d)
landscaping; or

(e)
the maintenance of grounds and curtilages.

(6)
A person who is entitled to abstract and use water from the spring under subsections (2) and (3) shall apply to the BADMC to do so.

Farmers at former River Plantation

Tenants or occupiers of lands situate at lands formerly of River Plantation and now owned by the BADMC shall be entitled to receive water from Brown’s Pond by means of pipes for the purpose of irrigation on such terms and conditions as shall be agreed between the BADMC and such tenants or occupiers.
Prohibited conduct 10.(1) A person who
(a)
abstracts water for any other purpose than they are entitled;

(b)
diverts, dams, or blocks the spring;

(d)
installs any device or contrivance in or near to the spring which may interfere with the free flow of water,

commits an offence and is liable on summary conviction to a fine of $25,000 or imprisonment for 2 years or to both.
(2)
A person who commits an offence under subsection (1) shall be ordered by the BADMC to take such action to rectify the condition of the spring.

(3)
A person who fails to comply with the order of the BADMC made under subsection (2) shall be denied further use of the water from the spring until he rectifies the condition of the spring.

Interference with functions of the BADMC

A person who
(a)
insults, abuses or uses indecent language towards; or

(b)
hinders or obstructs,

an employee or duly authorised agent of the BADMC in the performance of their functions under this Act or regulations made under this Act commits an offence and is liable on summary conviction to a fine of $1 000.
Establishment of the Oversight Committee
12.(1) There is established the oversight committee to be known as the Three Houses Spring Oversight Committee.
(2) The Committee shall consist of
(a)
the General Manager of the BWA who shall be the Chairperson of the Committee;

(b)
a representative of the BADMC; and

(3)
Subject to this Act, the Committee shall regulate its own procedure and may make rules for this purpose.

(4)
The function of the Committee is to settle disputes which may arise, as the case may be, between

(a)
persons entitled to use the spring; or

(b)
persons entitled to use the spring and the BADMC.

Settlement of disputes
13.(1) Where a dispute referred to in section 12(4) arises the parties to a dispute shall first attempt to settle the dispute in accordance with this section.
(2)
The Committee shall first employ its good offices to settle the dispute.

(2)
Where the Committee is unable through its good offices to settle the dispute it shall seek to have the dispute settled by recourse to mediation.

(3)
Where the parties to a dispute seek to have the dispute settled by mediation they may agree on a person to serve as the mediator or require the Committee to select a mediator from the list of rostered mediators of the Supreme Court.

(4)
Where the parties to a dispute are unable to settle the dispute by mediation the parties may commence proceedings in the High Court.

(5)
A party to a dispute shall commence the process for settling a dispute by giving notice in writing to the Permanent Secretary that a dispute exists.

(6)
The Permanent Secretary shall within 3 days of receiving the notice forward it to the Chairperson of the Committee.

Regulations
14.(1) The BADMC may with the approval of the Minister, make regulations to provide for
(a) the types, size and specifications of pipes and pumps to be used for the abstraction of water from the spring;
THREE HOUSES SPRING (MANAGEMENT AND CONTROL) ACT, 2023–12 11
(b)
the use of water from the spring and the prioritization of its use;

(d)
the rates and charges for use of water from the spring;

(e)
the exemption of persons from the payment of rates and charges for the use of water from the spring;

(f)
special rates or charges payable in respect of the use of water; and

(g)
giving effect to this Act generally.

(2)
Regulations made under this Act may provide for a penalty not exceeding $1 000 or imprisonment for a term not exceeding 18 months.

(3)
Regulations made under this Act are subject to negative resolution.

Repeal

The Three Houses Spring Act, 1713-1 is repealed.
Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
FIRST SCHEDULE
(Section 2) Description of Tree Houses Spring
The body of water as labelled “THS1” as shown on a map in the Second Schedule originating on lands of the former Tree Houses Plantation bearing the approximate coordinates Easting 40656.73, Northing 72704.61 and running in a south-easterly direction towards lands of the former River Plantation and ending at approximate coordinates Easting 43132.04(m), Northing 71118.52(m).
The body of water as labelled “THS2” as shown on a map in the Second Schedule from that part of the spring labelled “THS1” identified at approximate coordinates Easting 41586.83(m), Northing 7260.07(m) and running in a north-easterly direction towards the former Wiltshire Planation and running through a pond commonly known as “The Jackman Pond” and ending near the sea at approximate coordinates Easting 42414.59(m), Northing 73413.78(m).
The body of water labelled as “THS3” as shown on a map in the Second Schedule from that part of the spring labelled “THS1” identified at approximate coordinates Easting 42594.10(m), Northing 71483.38(m) and running in a south-westerly direction and ending at Brown’s Pond at approximate coordinates Easting 42414.61(m), Northing 71297.09(m).
THREE HOUSES SPRING (MANAGEMENT AND CONTROL) ACT, 2023–12 13

THIRD SCHEDULE
(Section 2) Riparian Owners
KEITH DURANT and HEATHER DURANT GEOFFREY ALLAN KINCH ET UX P J HOLDINGS LTD OSCAR A. BURGESS GORDON M. TAYLOR and MONIQUE BURKE-TAYLOR EDGE GROVE LTD MARCUS C. MORRIS THE BARBADOS AGRICULTURAL DEVELOPMENT CORPORATION VICTOR A. PINTO RHONA GIBSON, ESBATH and LISA WESTERMAN and CHESTERFIELD WESTERMAN OSWALD T. SMALL HAROLD H. PARRIS and DALSTON PARRIS FRANTZ HAREWOOD-HAMBLIN ANNA WENT LELON ADAMS ANNETTE POWER WENDY WILKINSON and MAY ERNESTINE JACKMAN

BARBADOS AGRICULTURAL DEVELOPMENT AND MARKETING
CORPORATION (AMENDMENT) ACT, 2023–13

Arrangement of Sections

Short title
Amendment of section 4 of Cap. 254

BARBADOS
I assent
S. MASON President of Barbados 1st June, 2023.
2023–13
An Act to amend the Barbados Agricultural Development and Marketing Corporation Act, Cap. 254.
[Commencement: 5th June, 2023] ENACTED by the Parliament of Barbados as follows:
Short title

This Act may be cited as the Barbados Agricultural Development and Marketing Corporation (Amendment) Act, 2023.
Amendment of section 4 of Cap. 254
Section 4 of the Barbados Agricultural Development and Marketing Corporation Act, Cap. 254 is amended by
(a)
deleting the word “and” appearing in paragraph (i); and

(b)
inserting immediately after paragraph (j) the following paragraph:

“(k) to manage and control the spring located in the parish of Saint Philip known as Three Houses Spring. ”.

Gazette June 05, 2023 Part A Vol. CLVIII No. 57 Acts 10 to 13

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