XN000022-1983-04-27 — Page 17

WEDNESDAY, APRIL 27, 1983

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HE REITERATED THAT THE BILL WOULD NOT DEAL WITH MOBILE SOURCES OF AIR POLLUTION, THAT IS VEHICULAR SOURCES — THESE WERE ALREADY CONTROLLED BY EXISTING LEGISLATION.

+IN ADDITION, THE EMISSION OF EXCESSIVE SMOKE BY ANY MOTOR VEHICLE IS AN OFFENCE AND CONTROLS ARE EXERCISED PRIMARILY BY THE POLICE USING SMOKE METERS TO EXAMINE SUSPECT VEHICLES,+ HE ADDED.

MR BRAY POINTED OUT THAT NEARLY 6 000 FIXED PENALTY TICKETS WERE ISSUED IN THE SECOND HALF OF 1982.

+SO WHAT WE ARE DOING TODAY IS TO PLUG THE GAP IN EXISTING LEGISLATION BY EXTENDING CONTROLS ON THE STATIONARY SOURCES FOR WHICH THE CLEAN AIR ORDINANCE IS INADEQUATE. I HOPE NOW WE HAVE GOT THIS RIGHT. THIS IS NOT EASY LEGISLATION AND IT IS IMPORTANT, HE SAID.

LABOUR COMMISSIONER GIVES ASSURANCE

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THE LABOUR DEPARTMENT WILL EXERCISE +CONSCIENTIOUSLY AND EFFECTIVELY+ THE POWERS CONFERRED BY THE AIR POLLUTION CONTROL BILL IN ISSUING STATUTORY AIR POLLUTION NUISANCE ABATEMENT NOTICES, THE COMMISSIONER FOR LABOUR, THE HON J.N. HENDERSON, SAID AT THE LEGISLATIVE COUNCIL THIS (WEDNESDAY) AFTERNOON.

HE ASSURED THE COUNCIL THAT IN EXERCISING THE POWERS HE WOULD APPLY THE EXISTING WELL-TRIED ENFORCEMENT POLICY IN RESPECT OF THE ISSUING OF SMOKE NUISANCE ABATEMENT NOTICES UNDER THE CLEAN AIR ORDINANCE.

IN PARTICULAR, HE ADDED, INVESTIGATING OFFICERS FROM THE DEPARTMENT'S AIR POLLUTION CONTROL DIVISION MUST HAVE THE APPROVAL OF A SENIOR OFFICER BEFORE ISSUING A STATUTORY NOTICE FOR THE ABATEMENT OF AN AIR POLLUTANT NUISANCE.

FURTHERMORE, A SET OF CAREFULLY THOUGHT OUT GUIDELINES FOR THE INVESTIGATION OF AIR POLLUTION COMPLAINTS WOULD BE USED TO BRING ABOUT UNIFORMITY AND FAIRNESS IN ENFORCEMENT.

MR HENDERSON POINTED OUT THAT THE DEPARTMENT'S POLICY TO ADVISE, PERSUADE AND GIVE TECHNICAL ASSISTANCE TO THE PERSON CONCERNED TO BRING ABOUT THE ABATEMENT OF A NUISANCE HAD WORKED WELL.

IN THE GREAT MAJORITY OF CASES THE NUISANCES WERE ABATED WITHOUT RESORTING TO THE STATUTORY NOTICE WHICH WAS ISSUED ONLY ON THE APPROVAL OF THE HEAD OF THE AIR POLLUTION CONTROL DIVISION.

IN 1982, 302 CASES OF SMOKE NUISANCES WERE DEALT WITH, ONLY IN EIGHT CASES STATUTORY NOTICES HAD TO BE ISSUED.

AND

THE CLEAN