Pitcairn where the resources to draft local legislation are limited. I nevertheless accept that proceeding by local legislation will take time and it may be more practical to proceed by Order in Council. As already mentioned, there would not be any constitutional or insuperable legal difficulties by going down this route (except for Bermuda). If we decide to legislate by Order in Council I think it would be for you as ESED's Legal Adviser to draft. I wonder, however, whether the text would in fact be as simple as Mr Alexander implies in paragraph 6 of his minute. Provision would also be required to deal with waste imported or exported in contravention of the Order. This would require provision for criminal penalties and provisions on the obtaining of information and evidence. Provision would also be needed for the detention and forfeiture of any mode of transport as well as for the disposal of any waste imported in contravention of the ban.
Bhimbe
K Chamberlain
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