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[接上页] (2) If in any proceedings in respect of a contravention of regulation 11 the court is satisfied that the defendant committed the contravention, it may, either of its own volition or on the application of the Authority, in addition to or instead of imposing a fine, make an order- (a) prohibiting the defendant from operating the furnace, oven, chimney, or flue involved in the contravention from such date as may be specified in the order; or (b) requiring him, within such period as may be specified in the order, to dismantle or remove the furnace, oven, chimney, or flue; or (c) requiring him to submit to the Authority, within 28 days after the making of the order, such plans and specifications as would have been required under regulation 4 if the contravention had not taken place. (L.N. 36 of 1975; L.N. 202 of 1979; 17 of 1983 s. 50)(3) If the court makes an order under paragraph (2)(b) or (c) it shall adjourn the proceedings for such period as it thinks necessary to enable the order to be complied with, in which case it may defer its decision as to whether or not to impose a penalty in respect of the contravention until the proceedings are resumed. (L.N. 36 of 1975) (4) The period for complying with an order under paragraph (2)(b) or (c) may be extended by the court on the application of the defendant made before or after the expiration of that period. (L.N. 36 of 1975) (5) Any defendant who, without reasonable excuse, fails to comply- (a) with an order under paragraph (2)(a); or (b) with an order under paragraph (2)(b) within the period specified in the order or within such extended period as the court may have allowed under paragraph (4),shall, in addition to being guilty of an offence against paragraph (1), be guilty of a further offence and shall be liable on conviction to a fine of $10000 and to an additional fine of $500 for each day during which the offence has continued. (L.N. 36 of 1975; L.N. 310 of 1993) (6) Where an order is made under paragraph (2)(c), the defendant shall submit to the Authority for his approval within 28 days after the making of the order the plans and specifications referred to in paragraph (2)(c). (L.N. 36 of 1975; L.N. 202 of 1979; 17 of 1983 s. 50) (7) Where the defendant has submitted plans and specifications to the Authority in accordance with paragraph (6), the provisions of regulations 5 to 10, shall apply, with any necessary modifications, as if the plans and specifications had been submitted under regulation 4 and the installation, alteration or modification had not yet been carried out. (L.N. 36 of 1975; 17 of 1983 s. 50) (8) If the defendant- (a) fails to comply with an order made under paragraph (2)(c) within 28 days after the making of the order or such further period as the court may have allowed under paragraph (4); or (b) has complied with the order but the Authority has notified the defendant that he has refused to approve the plans and specifications submitted to him,the court may, on the application of the Authority, make an order against the defendant under paragraph (2)(a) or (b). (L.N. 36 of 1975; L.N. 202 of 1979; 17 of 1983 s. 50) Cap 311A SCHEDULE [regulation 10] FORM OF CERTIFICATE OF APPROVAL AIR POLLUTION CONTROL (FURNACES, OVENS AND CHIMNEYS) (INSTALLATION AND ALTERATION) REGULATIONS Certificate of Approval issued under regulation 10 Date ........................................ To .................................... occupier of the premises at .......................................................................................................... I hereby certify that approval has been given in respect of the plans (reference Nos. ............................................................) and the specifications submitted by you for approval on ............................. in accordance with regulations *4, 5 and 7 of the Air Pollution Control (Furnaces, Ovens and Chimneys) (Installation and Alteration) Regulations for the *installation/alteration/modification of a *furnace/oven/chimney/flue at the above-mentioned premises. ...................................................... Authority *Delete whichever is not applicable. Note: This certificate of approval may be required for inspection by the Authority or an authorized officer and should be kept in a safe place at the above-mentioned premises. (L.N. 202 of 1979; L.N. 212 of 1996) |