Scrap iron dealers may take legal action against EMA

The TT Scrap Iron Dealers Association has signalled its intention to take legal action against both the EMA and the Ministry of Trade, since Section 37 of the CEC (Designated Amendments) order, which governs the activity of scrap yards, was never declared.

At a media conference earlier in the week, the association said members whose yards are in Chaguanas were unable to get 2019 operating licences as the Licensing Committee told them they were in violation of section 37.

The association said it would bypass the committee and instead appeal directly to a magistrate at the Chaguanas court.

In a telephone interview, vice president Erros Seejattan said the magistrate told members to file a written application to get the matter heard in front of a magistrate.

He said, “It is also our intention to take legal action against the EMA and the Ministry of Trade because they are claiming that Section 37 pertains to the scrapyard and has never been declared by them."

The majority of scrapyards, he said, " do not do recovery, we do not do recycling and we do not burn stuff. And we are going to take them to task for that.”

He said there are three questions the dealers want answered, the first being why it has taken 17 years to applySection 37 to them.

“Secondly, why it is that other scrapyards – there were two or three scrapyards where reports were made to the EMA, and never once did they say to these scrapyards, they need to get a CEC. There are at least three instances in recent years that we can quote.

“Thirdly, why it is they are attempting to close down the scrapyards when no other industry that qualifies for a CEC has ever been shut down because they didn’t have a CEC?”

He said the association, after discussions with its lawyers and EMA consultant, would decide whether to pursue legal action.

“We want to make sure that we have a leg to stand on before anything can start.”