1987 Ed.]
Air Pollution Control
[CAP. 311
7
(4) If any notification under this section is given or withdrawn verbally, such notification or such withdrawal, as the case may be, shall be confirmed by the Authority or an authorized officer in writing as soon thereafter as circumstances permit.
(5) Notwithstanding the preceding provisions of this section, the Authority may, except in a case that falls within subsection (2)(b), instead of acting under this section proceed instead under section 30 to the extent permitted in that section.
10. (1) Subject to subsection (2), any owner who fails to comply with any of the requirements of a notification given to him under section 9 commits an offence and is liable-
(a) in any case where such notification contains a declaration that it was given to protect health or to preserve the safety of aircraft, to a fine of $50,000; and
(b) in any other case, to a fine of $5,000,
and in either case to a further fine of $100 in respect of every one quarter of an hour during the whole or any part of which the offence continues.
(2) A court shall not convict an owner under subsection (1) unless the prosecution proves that the air pollutant nuisance mentioned in the notification existed or was imminent at the time the notification was given to the owner under section 9.
PART IV
SPECIFIED PROCESSES AND THE LICENSING OF PREMISES THEREFOR
11. The Legislative Council may by resolution amend the First Schedule.
Penalty for failure to abate air pollutant nuisance.
Power to amend First Schedule.
Prevention of
noxious or offensive emissions.
12. (1) The owner of any premises used for the conduct of any specified process shall use the best practicable means for preventing discharge of the emission of noxious or offensive emissions from such premises, and for preventing the discharge, whether directly or indirectly, of such emissions into the atmosphere, and for rendering such emissions where discharged harmless and inoffensive.
(2) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine of $50,000, and, in addition, if the offence is a continuing offence, to a fine of $5,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.
(3) No person shall be convicted of an offence under this section if he proves that the specified process in respect of which he is charged was conducted by him in the manner and in accordance with the particulars and information notified by him under section 19(1).
1987 Ed.]
Air Pollution Control
[CAP. 311
7
(4) If any notification under this section is given or withdrawn verbally, such notification or such withdrawal, as the case may be, shall be confirmed by the Authority or an authorized officer in writing as soon thereafter as circumstances permit.
(5) Notwithstanding the preceding provisions of this section, the Authority may, except in a case that falls within subsection (2)(b), instead of acting under this section proceed instead under section 30 to the extent permitted in that section.
10. (1) Subject to subsection (2), any owner who fails to comply with any of the requirements of a notification given to him under section 9 commits an offence and is liable-
(a) in any case where such notification contains a declaration that it was given to protect health or to preserve the safety of aircraft, to a fine of $50,000; and
(b) in any other case, to a fine of $5,000,
and in either case to a further fine of $100 in respect of every one quarter of an hour during the whole or any part of which the offence continues.
(2) A court shall not convict an owner under subsection (1) unless the prosecution proves that the air pollutant nuisance men- tioned in the notification existed or was imminent at the time the notification was given to the owner under section 9.
PART IV
SPECIFIED PROCESSES AND THE LICENSING OF PREMISES THEREFOR
11. The Legislative Council may by resolution amend the First Schedule.
Penalty for failure to abate air pollutant nuisance.
Power to amend First Schedule.
Prevention of
noxious or offensive emissions.
12. (1) The owner of any premises used for the conduct of any specified process shall use the best practicable means for preventing discharge of the emission of noxious or offensive emissions from such premises, and for preventing the discharge, whether directly or indirectly, of such emissions into the atmosphere, and for rendering such emis- sions where discharged harmless and inoffensive.
(2) Any person who fails to comply with subsection (1) com- mits an offence and is liable to a fine of $50,000, and, in addition, if the offence is a continuing offence, to a fine of $5,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.
(3) No person shall be convicted of an offence under this section if he proves that the specified process in respect of which he is charged was conducted by him in the manner and in accordance with the particulars and information notified by him under sec- tion 19(1).
No comments yet.
Private notes are available after approval.