Review of Apper Board's decation by Governor ip Council
Case may be Acated.
Governor may
sive dirctant.
Mental Ingredient of offences ander
section 11, 15
and 17.
Proveedon at Crowm, Urban Connell, etc.
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28. (1) This section applies where-
(4) no Appeal Board has reversed or varied a decision or direction of a public officer or a collection authority or waste disposal authority; and
(b) that officer or authority considers that exceptional circumstances require the review of the Board's decision in the public interest, (2) The public officer or authority may, where this section applica, within 14 days of being notified of a decision refer the case for review by the Governor in Council.
(3) Where a public officer or authority has referred a case for review under subsection (2), he shall forthwith notify the other party in writing of the reference, giving his reasons for secking the review and inviting the other party, within 14 days of receiving the notice, to submit written representations concerning the review for consideration by the Governor in Councü.
(4) Upon a reference under subsection (2) and upon the expiry of the period of 14 days referred to in subsection (3) the Governor in Council may review the cast, considering any representations submitted under subsection (3) and may confirm, reverse of vary the decision of the Appeal Board.
29. (1) The Chairman may of his own motion, before an appeal is determined, refer any question of law to the Court of Appeal by way of case stated.
(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment,
PART VI
MISCELLANEOUS
30. (1) The Governor may give such directions as be thinks fil either generally or in any particular case, with respect to the exercise or performance by any public officer of any powers, functions or duties under this Ordinance.
(2) A public officer shall, in the discharge of his powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1)
31. Io any proceedings for an offence under section 11. 16 or 17 it shall not be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence.
32 (1) No liability shall rest on the Crown, the Urban Council or upon any public officer by reason of the fact that any waste collection or waste disposal licence is issued under this Ordinance.
(2) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any power, function or duty of bis under this Ordinance,
(3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Crown or the Urban Council for that act or omission.
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33. (1) The Governor in Council may after consultation with the Regolations. Environmental Protection Advisory Committee and with the Urban Council in respect of matters which the Urban Council bas under this Ordinance a duty to discharge or a function to fulfill by regulation provide for
(a) the additional wastes or classes of waste to which a draft waste
disposal plan under section 3 shall apply;
(b) the design and construction of containers or enclosures for the
storage of animal waste;
(c) the precautions to be taken to guard against dangers to public
bealth or riska of pollution arising from waste;
(d) the waste or classes of waste that may be disposed of under
section 16 without a Licence;
(e) the class or quantity of waste in respect of which notice must be given under section 17 before the waste can be disposed and any exceptions or exemptions from the requirement to give such notice:
() the capacity, design, construction and materials to be used in the
construction of containers holding beverages or fluids;
(g) prohibiting the distribution of containers or any class of con- Lainer which do or does not comply with such requirements as may be prescribed under paragraph (9), and without prejudice to the generality of the foregoing such prohibition may be by reference to-
(1) the type of conlainer;
(i) the date of distribution;
(i) place of distribution by retail sale;
(iv) the type of beverage or fluid;
(v) the source of the container;
(b) the treatment or reprocessing of such classes of waste as may
be prescribed:
( any fees and charges payable under this Ordinance (other than any fee determined by the Urban Council under section 10(3));
( the charges payable to the Director of Public Works for the
disposal of any waste or class of waste;
(k) prescribing anything which is to be or may be prescribed by
regulations.
(2) Regulations made under this section may provide that a con- travention of specified provisions thereof shall be an offence and may provide penaltics therefor not exceeding a fine of $5,000 and imprisonment for 6 months.
34. If any question arises as to who are the body of persons for the Environmental time being constituting the Environmental Protection Advisory Committee Protection mentioned in section 33 the matter shall be referred to the Chief Secretary Committee, who shall determine the question by certificate under his hand.
AdTBOTY
35. (1) The Secretary for the Environment may, after consultation Codes of with the Environmental Protection Advisory Committee, prepare and revise Practice. Codes of Practice giving guidance and directions as to the disposal of
whate.
(2) A failure on the, part of any person to observe any Code of Practice issued under subsection (1) shall not of ilself tender that person