26
CAP. 354]
Application of Ordinance to Crown.
Amendment of Schedules.
First and Second Schedules.
Waste Disposal
[1987 Ed.
(2) A failure on the part of any person to observe any Code of Practice issued under subsection (1) shall not of itself render that person liable to criminal proceedings of any kind but any such failure may, in any proceedings whether civil or criminal and including proceedings for an offence under this Ordinance, be relied upon as tending to establish or to negative any liability which is in question in those proceedings.
36. (1) Subject to this section, this Ordinance shall bind the Crown.
(2) Sections 16, 17, 19 and 20 shall not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Crown or any person who does any act which he is required to do in the course of carrying out his duties in the service of the Crown.
(3) If it appears to the Director that there has been a contravention of section 16, 17, 19 or 20 by any person in the course of carrying out his duties in the service of the Crown, he shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary. (Amended, L.N. 76/82 and L.N. 74/86)
(4) On receipt of a report under subsection (3) the Chief Secretary shall enquire into the circumstances and, if his enquiry shows that a contravention of section 16, 17, 19 or 20 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence.
(5) Any notice or application under this Ordinance concerning a deposit or disposal of waste which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.
(6) Any notice or application under this Ordinance concerning a deposit or discharge of waste which is to be, or may be, given to the Crown shall be given to the principal officer of the appropriate waste disposal authority which appears to be responsible for the deposit or disposal or, in the event of any question arising as to which waste disposal authority is responsible, to such public officer as the Chief Secretary shall determine.
(7) No fee or charge prescribed for the purposes of this Ordinance shall be payable by the Crown.
37. (1) The Governor in Council may, by notice published in the Gazette, amend the Schedules.
(2) The Governor may, by notice published in the Gazette, amend the relevant dates specified in the First and Second Schedules.
(Added, 58 of 1987, s. 13)