TNAG-2301-FCO40-3329-Basel-Convention-on-the-Control-of-Transboundary-Movements-o-1991 — Page 23

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. however, whether the text would in fact be as simple as Mr Alexander implies in paragraph 6 of his minute. 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

Provision would also obtaining of information and evidence.

I wonder,

Provision

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.

KJ Chamberlain

К

2,

Mr Alexander

In view

Mr Chambetain's advice, it would

clearly be preferable for each DT to enact its oun local legislation, given that the requirements of each might be quite varied. Obviously for some of the smaller Dt's the drafting would be a major burden. I that we encowage one of the

larger DTS to dragt a bill which would then be used by model, Bemuda will need to enad- its am

others ap

suggest

а

Legislation

Sir Ian

in any

event. The Cayman Islands engage Percival to draft legistertion for them. We could encowage them to use his serices for this exercise.

I also suggest that you contact the Home office to find SKCAAP out whether and how it is proposed to legislate for

the Channel Islands.

Jill Banitt

31/7/91