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Ord. No. 23/87
AIR POLLUTION CONTROL (AMENDMENT)
Addition of new section 15A.
“(b) have as his purpose the attainment and maintenance of any
relevant air quality objective; and
(c) have regard to whether the emission of noxious or offensive emissions would be, or be likely to be, prejudicial to health.”.
4. The principal Ordinance is amended by adding after section 15 the following-
"Payment of
15A. Every licence holder shall pay such annual charge as may be prescribed.".
annual charges by licence holders.
Amendment of section 16.
5.
Section 16 of the principal Ordinance is amended---
Addition of
new sections 18A and 18B.
(a) in subsection (1), by deleting "before the expiry of a licence as may be prescribed, the licence holder may apply" and substituting the following--
"as may be prescribed, the licence holder may apply to the Authority";
(b) in subsection (3), by deleting "the provisions of section 14(3)(b)”
and substituting the following---
"section 14(3) and (4)”; and
(c) by deleting subsection (4) and substituting the following-
"(4) The Authority may renew or refuse to renew a licence but, where the Secretary has directed under subsection (3) that section 14(3) shall apply, shall not do so earlier than 40 days after the last notice is published in a newspaper pursuant to section 14(3)(h).”.
6. The principal Ordinance is amended by adding after section 18 the following-
"Application
for transfer of licences.
18A. (1) Where a licence is to be transferred, the licence holder and the prospective transferee of the licence shall jointly apply to the Authority in the prescribed form for a transfer of the licence.
(2) An application under subsection (1) shall be accom- panied by the prescribed fee which shall be paid by the prospective transferee.
(3) Except where the Secretary directs otherwise, sec- tion 14(3) and (4) shall not apply in relation to an application for the transfer of a licence.
(4) A licence in respect of which an application for transfer is made under subsection (1) shall remain in force as against the licence holder until the application is granted under subsection (5).
(5) The Authority may either grant an application under subsection (1), with or without modification, or refuse to grant it but, where the Secretary has directed under
AIR POLLUTION CONTROL (AMENDMENT)
Second
Schedule.
Supply of incorrect information,
etc.
Ord. No. 23/87
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subsection (3) that section 14(3) shall apply, shall not do so earlier than 40 days after the last notice is published in a newspaper pursuant to section 14(3)(h).
(6) If the Authority refuses to grant an application (or any part thereof) under subsection (5) he shall notify the applicants and shall inform them of the reasons for his refusal.
(7) Section 15(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence and section 15(3)(a) shall apply in relation to the prospective transferee of the licence as it applies to the applicant.
(8) The Authority may grant an application under subsection (5) on such terms and conditions as he thinks fit (including terms and conditions relating to matters set out in the Second Schedule).
18B. Any person who in any application made under this Ordinance makes any statement or gives any particular or information which he knows to be incorrect in a material respect or who recklessly makes any statement or gives any particular or information which is incorrect in a material respect or knowingly omits any material particular therefrom commits an offence and is liable to a fine of $5,000.".
7. The principal Ordinance is amended by adding after section 20 the Addition of following-
"Cessation of exemption on conviction under section 19(3).
8.
20A. The owner of any premises who is convicted under section 19(3) of an offence relating to those premises shall cease to be exempt under section 20 from the operation of section 13 in respect of the premises.".
Section 21(2) of the principal Ordinance is amended— (a) by deleting “the provisions of section 14(3)(b)” and substituting
the following-
"section 14(3) and (4)";
(b) by deleting “after which the Authority may” and substituting the
following-
"before which the Authority may not"; and
(c) by deleting “that section 14(3)(b)” and substituting the following—
"that section 14(3)”.
9.
new section 20A.
Amendment of section 21.
section 24.
Section 24 of the principal Ordinance is amended by inserting Amendment of after "compensation" the following—
"to the person whose licence is cancelled or varied”.
section 25.
10. Section 25 of the principal Ordinance is amended by inserting after Amendment of "compensation" the following--
"to the owner of the premises whose exemption is cancelled or varied".
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