1964_AIR_POLLUTION_CONTROL_ORDINANCE — Page 26

1987 Ed.]

Air Pollution Control

[CAP. 311

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(4) Any person who commits an offence under subsection (1) is liable to a fine of $10,000 and to imprisonment for 6 months.

42. (1) No liability shall rest on the Crown or upon any public officer by reason of the fact that any licence or exemption is granted or continued under this Ordinance.

(2) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any function, duty or power of his under this Ordinance.

(3) The protection conferred on public officers by subsec- tion (2) in respect of any act or omission shall not in any way affect any liability of the Crown in tort for that act or omission.

43. (1) For the purposes of this Ordinance, the Governor in Council may, after consultation with the Environmental Pollution Advisory Committee, by regulation provide for (Amended, L.N. 165/84)

(a) the designation of noxious or offensive emissions;

(b) the abatement, prohibition and control of the emission

into the atmosphere of air pollutants;

(c) methods to be used for the measurement of the composi- tion, concentration, quantity, quality or density of any air pollutant emitted from any chimney or relevant plant or passing through any chimney;

(d) the provision of any apparatus or device for indicating the composition, concentration, quantity, quality or density of any air pollutant emitted from any chimney or relevant plant or passing through any chimney;

(e) the modification or replacement of or prohibition of the use of any chimney or relevant plant or any class thereof, either generally or in any particular case;

the prohibition of the installation of any chimney or relevant plant without the approval of the Authority;

(g) the court to make orders prohibiting the use of any chimney or relevant plant installed, altered, modified or operated in contravention of this Ordinance or requiring any such chimney or relevant plant to be dismantled;

(h) the adoption of precautions against the emission of air pollutants from any chimney or relevant plant, or any class thereof;

(i) the employment of competent persons to be in charge of

the operation of any relevant plant, or any class thereof;

(i) the prohibition or restriction of the burning in or at any place whatsoever of any kind of material that may evolve air pollutants;

Protection of Crown and public officers.

Regulations.

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