1964_AIR_POLLUTION_CONTROL_ORDINANCE — Page 24

1987 Ed.]

Air Pollution Control

[CAP. 311

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(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment.

PART VII

MISCELLANEOUS

37. (1) For the purpose of encouraging reduction of air pollution, the Secretary, after consultation with the Environmental Pollution Advisory Committee, may give advice, either generally in the form of Codes of Practice or particularly in writing, to any person operating or maintaining any chimney or relevant plant, or conducting any specified process, as to the construction, mainte- nance or manner of using or conducting the same or as to the kind of fuel or any other material to be used therein. (Amended, L.N. 165/84)

(2) Failure on the part of any person to observe the provisions of any such Code or to accept any such advice shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may, in any proceedings whether civil or criminal and including proceedings for an offence under this Ordinance, be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.

38. (1) Where on an application under section 14, 16, 18 or 18A, any objection to the grant of the application is duly made to the Authority, he may hear the applicant and any objector if he considers it expedient for the purpose of obtaining information relevant to any question to be decided. (Amended, 23 of 1987, s. 14)

(2) The procedure to be followed at, or for the purpose of convening, any hearing under subsection (1) shall be determined by the Authority.

39. (1) The Authority shall cause to be kept, in such form as the Secretary may determine, a register containing details of-

(a) applications required to be entered under section 14(3)(a); (6) the particulars and information contained in notices given

to the Authority pursuant to section 19(1);

(c) all exemptions under section 20;

(d) all licences;

(e) such other matters as may be required by regulations made

under section 43 to be recorded in the register.

(2) Upon application in writing to the Authority, the register shall be open for inspection by the public during normal office hours at such places as the Secretary thinks fit.

Codes of Practice.

Authority may hold a hearing.

Authority to keep a register.