A190
Ord. No. 41/80
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.
WATER POLLUTION CONTROL
(3) The powers referred to in subsections (1) and (2) are—
(a)
(i) to impose new or amended terms and conditions subject to the observance of which, as from a specified date, the licence shall continue in force;
(ii) to declare the licence liable to cancellation at any time the person fails to observe any such term or condition;
(iii) to cancel the licence as from a specified date if the person fails to observe any such term or condition;
(b) to cancel the licence as from a specified date;
(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 con- sequence 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.
WATER POLLUTION CONTROL
(2) Where a licence is, pursuant to section 24(2)— (a) cancelled as provided in section 24(3)(b); or
Ord. No. 41/80
A191
(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.
27. (1) Subject to subsection (2), the manner of determining the Assessment of amount of compensation payable under sections 25 and 26, the factors to compensation. be taken into account or disregarded and the principle to be applied in determining that amount shall be such as may be prescribed in regulations made under section 46.
(2) The provisions of the Second Schedule shall have effect for the Second purposes of determining the amount of compensation payable under Schedule. sections 25 and 26 and for the purposes of the incidental matters for which they provide.
28. (1) A person who is making a discharge or deposit for which Applications a licence is in force may apply to the Authority in the prescribed form for variation for a variation of the licence.
(2) The application shall be accompanied by the prescribed fee. (3) Section 19(3) and (4) shall apply for the purpose of publicly notifying an application under this section for the variation of a licence for the purposes of section 8(1)(a) or section 8(1)(b) as if it were an application for a licence.
(4) The Authority may either grant the application, with or without modification, or refuse to grant it but in the case of a variation of a licence for the purposes of section 8(1)(a) or 8(1)(b) 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 20(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his dis- cretion to grant or refuse a licence.
of licences.
(7) The Authority may grant an application on such terms and conditions as he thinks fit (including terms and conditions relating to the matters set out in the First Schedule) except that, without prejudice First Schedule. to section 24, he shall not impose any new obligation on the applicant
in relation to that part of the discharge or deposit which is already licensed unless-
(a) the place at which the discharge or deposit may be made is
being varied; or
(b) in his opinion such part would have a significantly different effect on the relevant waters as a result of the granting of the application.
PART VI APPEALS
29. (1) Subject to subsection (2), a person who is aggrieved by a When appeal requirement or decision of the Authority or the Secretary under any of may be brought. the following provisions may appeal to an Appeal Board constituted under this Part-
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Private notes are available after approval.