1964_AIR_POLLUTION_CONTROL_ORDINANCE — Page 21

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CAP. 311]

Air Pollution Control

[1987 Ed.

Constitution of Appeal Board.

(k) section 22(1)(a)(i) (imposing terms and conditions subject

to which an exemption may continue in force);

(l) section 22(1)(a)(iii) or 22(1)(b) (cancelling an exemption);

(m) section 22(1)(c) (amending or adding to a notice or substi-

tuting a new notice);

(n) section 23(4) (refusing to vary or cancel terms or condi-

tions subject to which an exemption may continue in force);

(o) section 27 (requiring information to be furnished);

(p) section 30(1)(i) (requiring the modification, replacing, clean-

ing or repair of, or other steps to be taken relating to, a chimney or relevant plant);

(q) section 30(1)(ii) (prohibiting the use of specified fuels or

other materials);

(r) section 40 (refusing to withhold information from public

notification or other public access); (Amended, 23 of 1987, s. 13)

(s) any regulations made under section 43.

(2) An appeal under subsection (1) shall be made by lodging notice of appeal in the prescribed manner and form within 21 days after the person aggrieved has received notice of the decision, requirement or specification.

(3) Where the decision, requirement or specification appealed from was made under a provision mentioned in paragraphs (a) or (e) to (j) or (jb) to (m) or (o) to (q) of subsection (1) the notice thereof shall be suspended from the day on which notice of appeal is duly given to the Authority and until the appeal is disposed of, withdrawn or abandoned, unless (Amended, 23 of 1987, s. 13)

(a) the decision, requirement or specification is considered by the Authority to be necessary because the continuation of the activities, whether licensed or otherwise, to which the notice relates would be, or be likely to be, prejudicial to health; and

(b) the notice contains a declaration to that effect.

(4) No appeal shall lie under this section where the requirement of the Authority is made with the prior approval of the Governor in Council under section 17(2) or 22(2).

32. (1) Every appeal under section 31 shall be determined by an Appeal Board constituted under this Part.

(2) The Governor shall appoint as Chairman of Appeal Boards a person who is qualified in law.

(3) Subject to section 34(3), the Chairman shall be appointed for a term of 2 years but may be re-appointed.