20
CAP. 358]
Water Pollution Control
[1980 Ed.
First Schedule.
Compensation for cancellation or variation of certain licences.
Compensation for cancellation of licences and exemptions with the approval of the Governor in Council.
67/905.22.
(c) to amend or add to any notice previously given under this section, or any part of such notice, or to substitute a new notice for it.
(4) The Authority may revoke a notice previously given under this section, subject to the further approval of the Governor in Council in the case of a revocation which affects anything previously done under this section with the approval of the Governor in Council.
(5) The date specified in a notice for the amendment or addition of any term or condition under paragraph (a)(i) or (c) of subsection (3) or the cancellation of a licence under paragraph (a)(iii) or (b) thereof shall be not less than 90 days after the day on which the notice is given to the person who is making the discharge or deposit.
(6) Subject to subsection (2), the Authority may impose such terms and conditions under subsection (3) as he thinks fit including any term or condition-
(a) requiring the person to restrict or from time to time to suspend the discharge or deposit;
(b) relating to the matters set out in the First Schedule.
25. (1) Where a licence is, pursuant to section 24(1)—
(a) cancelled as provided in section 24(3)(b); or
(b) varied as provided in section 24(3)(a)(i) or (c) so as to impose additional obligations on the person making the discharge or deposit,
within the period specified pursuant to section 20(5), the Authority shall be liable to pay compensation if the circumstances set out in subsection (2) are present.
(2) The circumstances mentioned in subsection (1) are-
(a) that the possibility of danger to health or harm to the drainage or sewerage system or to the health or safety of any person engaged in the operation thereof (as provided in section 24(1)(a) and (b)) was known or could with reasonable foresight have been known to the Authority at the time the licence was granted or renewed; or
(b) that the danger or harm mentioned in paragraph (a) is a consequence of licences granted or renewed after the grant, or, where a licence has been renewed, the last renewal of the licence which is cancelled or varied.
26. (1) Where an exemption under section 15(1) is, pursuant to section 17(2)-
(a) cancelled as provided in section 17(3)(b); or
(b) varied as provided in section 17(3)(a)(i) or (c) so as to impose additional obligations on the person making the discharge or deposit,
the Authority shall be liable to pay compensation