1987 Ed.]
Air Pollution Control
[CAP. 311
13
writing subject to subsections (2) and (4) and section 21 exempt him in respect of those premises from the operation of section 13 upon his giving notice under section 19, which shall for the purposes of this subsection apply mutatis mutandis.
20A. The owner of any premises who is convicted under section 19(3) of an offence relating to those premises shall cease to be exempt under section 20 from the operation of section 13 in respect of the premises.
(Added, 23 of 1987, s. 7)
21. (1) Without prejudice to the powers in section 22 when, on or in any premises used for the conduct of a specified process the owner of which is exempt under section 20 from the operation of section 13, for any reason, including addition, alteration or modification thereto or renewal thereof, any chimney or relevant plant used in or in connexion with the conduct of the specified process ceases to conform with any of the particulars in relation thereto-
(a) given by such owner under section 19; and
(b) recorded in a register kept under section 39(1)(b),
then, in respect of that part of the premises on or in which such chimney or relevant plant is situate, the owner thereof-
(i) shall cease to be exempt under section 20; and
(ii) shall apply forthwith under section 14 for a licence.
(2) Except where the Secretary directs otherwise, section 14(3) and (4) shall not apply in relation to an application for a licence in accordance with subsection (1)(ii), and section 15(1) as regards the period before which the Authority may not grant or refuse to grant a licence shall likewise not apply except where the Secretary has directed that section 14(3) shall apply. (Amended, 23 of 1987, s. 8)
(3) Any owner who, without reasonable excuse, fails to comply with subsection (1)(ii) commits an offence and is liable to a fine of $50,000 and, in addition, if the offence is a continuing offence, to a fine of $5,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.
(4) Where the owner of a premises applies for a licence in accordance with subsection (1)(ii), then, pending the grant or refusal to grant the licence, the operation of section 13 shall be suspended in relation to the part of the premises which has ceased to be exempt under subsection (1)(i) and which is referred to in the application made under section 14.
22. (1) Where in relation to any premises used for the conduct of a specified process the owner of which is exempt under section 20 from the operation of section 13 the Authority considers it necessary so to do in the public interest he may, by notice in writing to the owner of the premises-
Cessation of exemption on conviction under section 19(3).
Cessation of exemption in certain circumstances and application for licence.
Further powers in relation to an existing specified process.