1964_AIR_POLLUTION_CONTROL_ORDINANCE — Page 19

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CAP. 311]

Air Pollution Control

Offences in relation to section 28.

Power to require modification etc.. of chimneys and relevant plant.

[1987 Ed.

a warrant issued by a magistrate, where such magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Ordinance, has been, is being or is about to be committed in such premises or that there is in such premises anything likely to be or to contain evidence of such offence.

(4) An authorized officer who enters any premises shall-

(a) if so required, produce evidence of his identity and of his authorization by the Authority under section 4(3); and

(b) if a warrant has been issued under subsection (3), produce that warrant.

29. Any person who-

(a) wilfully resists, obstructs or delays any officer in the exercise of any power conferred on such officer by or under section 28;

(b) fails without reasonable excuse to comply with any requirement duly made by an officer under section 28;

(c) in compliance or purported compliance with any such requirement produces any drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or

(d) wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters in respect of which information is required to be given under section 28,

commits an offence and is liable to a fine of $5,000.

30. (1) Where it appears to the Authority that any chimney or relevant plant is by reason of

(a) unsuitable design, defective construction or maintenance;

(b) excessive wear and tear;

(c) the use of unsuitable fuel or other material; or

(d) any other cause,

emitting a greater quantity of air pollutant than need be, the Authority may cause a notice to be served upon the owner of the premises upon which such chimney or relevant plant is situate-

(i) requiring him, within such reasonable time as is specified in the notice, to modify, replace, clean or repair such chimney or relevant plant or to take such other steps as are specified in the notice to ensure the elimination of unnecessary air pollutant;

(ii) prohibiting him from using in such relevant plant, after such reasonable time as is specified in the notice, such fuel, or other material, or mixture of fuels, or other materials, as is specified in the notice.

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