28
CAP. 311]
Air Pollution Control
Environmental Pollution Advisory Committee.
Limit of time for laying informations, etc.
[1987 Ed.
(2) Section 10, 12 or 13 shall not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Crown or on any person who causes or permits to be emitted any air pollutant or conducts any specified process which he is required to emit or conduct in the course of carrying out his duties in the service of the Crown.
(3) If it appears to the Authority that any emission of an air pollutant or conduct of a specified process is being, or has been, emitted or conducted in contravention of section 10, 12 or 13, by any person in the course of carrying out his duties in the service of the Crown, the Authority shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary.
(4) On receipt of a report under subsection (3) the Chief Secretary shall enquire into the circumstances and, if his enquiry shows that a contravention of section 10, 12 or 13 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence.
(5) Any notice or application under this Ordinance concerning the emission of an air pollutant or the conduct of a specified process which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.
(6) Any notice under this Ordinance concerning the emission of an air pollutant or the conduct of a specified process which is to be, or may be, given by the Authority to the Crown shall be given to the principal officer of the Government Department which appears to the Authority to be responsible for the emission or conduct or, in the event of any question arising as to which Department is responsible, to such public officer as the Chief Secretary shall determine.
(7) No fee or charge prescribed for the purposes of this Ordinance shall be payable by the Crown.
45. If any question arises as to who are the body of persons for the time being constituting the Environmental Pollution Advisory Committee mentioned in sections 6, 7, 37 and 43 the matter shall be referred to the Chief Secretary, who shall determine the question by certificate under his hand.
(Amended, L.N.165(84))
46. A complaint or information in respect of an offence under this Ordinance shall be made or laid, as the case may be, within-
(a) 6 months from the time when the matter of such complaint or information respectively first came to the knowledge of the Authority or an authorized officer; or
(b) 1 year from the time of the commission of the offence,
whichever is the earlier.
1
28
CAP. 311]
Air Pollution Control
Environmental Pollution Advisory Committee.
Limit of time for laying informations,
etc.
[1987 Ed.
(2) Section 10, 12 or 13 shall not have effect to permit pro- ceedings to be taken against, or to impose any criminal liability on, the Crown or on any person who causes or permits to be emitted any air pollutant or conducts any specified process which he is required to emit or conduct in the course of carrying out his duties in the service of the Crown.
(3) If it appears to the Authority that any emission of an air pollutant or conduct of a specified process is being, or has been, emitted or conducted in contravention of section 10, 12 or 13, by any person in the course of carrying out his duties in the service of the Crown, the Authority shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary.
(4) On receipt of a report under subsection (3) the Chief Secretary shall enquire into the circumstances and, if his enquiry shows that a contravention of section 10, 12 or 13 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence.
(5) Any notice or application under this Ordinance concern- ing the emission of an air pollutant or the conduct of a specified process which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.
(6) Any notice under this Ordinance concerning the emission of an air pollutant or the conduct of a specified process which is to be, or may be, given by the Authority to the Crown shall be given to the principal officer of the Government Department which appears to the Authority to be responsible for the emission or conduct or, in the event of any question arising as to which Department is respon- sible, to such public officer as the Chief Secretary shall determine.
(7) No fee or charge prescribed for the purposes of this Ordinance shall be payable by the Crown.
45. If any question arises as to who are the body of persons for the time being constituting the Environmental Pollution Advisory Committee mentioned in sections 6, 7, 37 and 43 the matter shall be referred to the Chief Secretary, who shall determine the question by certificate under his hand.
(Amended, L.N. 165(84)
46. A complaint or information in respect of an offence under this Ordinance shall be made or laid, as the case may be, within-
(a) 6 months from the time when the matter of such complaint or information respectively first came to the knowledge of the Authority or an authorized officer; or
(b) 1 year from the time of the commission of the offence,
whichever is the earlier.
1
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