1987 Ed.]
Air Pollution Control
[CAP. 311
23. (1) A person who is the owner of any premises used for the conduct of a specified process and who is exempt under section 20 from the operation of section 13 may apply to the Authority in the prescribed form for a variation or cancellation of any term or condition imposed by the Authority under section 22.
(2) An application under subsection (1) shall be accompanied by the prescribed fee.
(3) Section 14(3) and (4) shall apply for the purpose of publicly notifying an application under this section as if it were an application for a licence.
(4) The Authority may either grant the application in whole or in part or refuse to grant it but shall not do so earlier than 30 days after the last notice is published in a newspaper pursuant to subsection (3).
(5) If the Authority refuses to grant an application or any part thereof he shall notify the applicant and shall inform him of the reasons for his refusal.
(6) Section 15(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence.
(7) The Authority may grant an application on such terms and on such conditions as he thinks fit (including terms and conditions relating to the matters set out in the Second Schedule).
24. Where a licence is, pursuant to section 17(1)—
(a) cancelled as provided in section 17(1)(b); or
(b) varied as provided in section 17(1)(a) so as to impose additional obligations on the licence holder,
the Authority shall be liable to pay compensation to the person whose licence is cancelled or varied if (Amended, 23 of 1987, 5.9)
(i) such cancellation or variation was effected with the prior approval of the Governor in Council pursuant to section 17(2); or
(ii) where the licence is cancelled or varied because the Authority considers that the continuation of the specified process to which the licence relates would be, or be likely to be, prejudicial to health, the possibility of such prejudice to health was known, or could with reasonable foresight have been known, to the Authority at the time the licence was granted or renewed; or
(iii) the prejudice to health mentioned in paragraph (ii) is a consequence of the fact of licences having been granted or renewed after the grant (or, where a licence has been renewed, the last renewal) of the licence which is cancelled or varied.
Exempted premises- approval of changes.
Second Schedule.
Compensation for cancellation or variation of licences.
15