【法规名称】
【法规编号】 79404 什么是编号？
【正 文】
第12页 CAP 311 AIR POLLUTION CONTROL ORDINANCE
|
[接上页] (k) section 22(1)(a)(i) (imposing terms and conditions subject to which an exemption may continue in force); (l) section 22(1)(a)(iii) or 22(1)(b) (cancelling an exemption); (m) section 22(1)(c) (amending or adding to a notice or substituting a new notice); (n) section 23(4) (refusing to vary or cancel terms or conditions subject to which an exemption may continue in force); (o) section 27 (requiring information to be furnished); (p) section 30(1)(i) (requiring the modification, replacing, cleaning or repair of or other steps to be taken relating to, a chimney, relevant plant or other machinery or equipment); (Amended 13 of 1993 s. 23) (pa) section 30(1)(ii) (requiring the installation of control equipment or systems); (Added 13 of 1993 s. 23) (pb) section 30(1)(iii) (requiring the operation of a chimney, relevant plant or other machinery or equipment in a specified manner); (Added 13 of 1993 s. 23) (q) section 30(1)(iv) (prohibiting the use of specified fuels or other materials); (Amended 13 of 1993 s. 23) (r) section 40 (refusing to withhold information from public notification or other public access); (Amended 23 of 1987 s. 13) (s) any regulations made under section 43; (t) section 58 (refusal to enter or deferral of entry of an applicant's name in the relevant register); (Added 13 of 1993 s. 23) (u) section 67 (ordering the suspension or removal of registered asbestos persons from the relevant register); (Added 13 of 1993 s. 23) (v) section 72 (requiring the owner to comply with conditions set by the Authority in an asbestos management plan or an asbestos abatement plan); (Added 13 of 1993 s. 23) (w) section 79 (requiring the owner to comply with requirements set by the Authority in an asbestos abatement notice). (Added 13 of 1993 s. 23)(2) An appeal under subsection (1) shall be made by lodging notice of appeal in the prescribed manner and form within 21 days after the person aggrieved has received notice of the decision, requirement or specification. (3) Where the decision, requirement or specification appealed from was made under a provision mentioned in paragraphs (a) or (e) to (j) or (jb) to (m) or (o) to (q) or (v) of subsection (1) the notice thereof shall be suspended from the day on which notice of appeal is duly given to the Authority and until the appeal is disposed of, withdrawn or abandoned, unless- (Amended 23 of 1987 s. 13; 13 of 1993 s. 23) (a) the decision, requirement or specification is considered by the Authority to be necessary because the continuation of the activities, whether licensed or otherwise, to which the notice relates would be, or be likely to be, prejudicial to health; and (b) the notice contains a declaration to that effect.(4) No appeal shall lie under this section where the requirement of the Authority is made with the prior approval of the Governor in Council under section 17(2) or 22(2). (5) The Appeal Board shall refuse to determine an appeal under this section unless- (a) a decision, requirement or specification- (i) is not justified under this Ordinance or a technical memorandum issued under this Ordinance; or (ii) has some material error in content or material defect in administrative procedure;(b) the opinion of the Authority or an authorized officer that air pollution which is caused or contributed to by an emission set out in section 10(2)(h) is unreasonable; (c) the opinion of the Authority or the authorized officer under section 10(2)(b) or (c) that the air pollution is prejudicial to health is unreasonable; or (d) a disciplinary order or order for costs issued under section 67 against a registered asbestos consultant, supervisor, contractor or laboratory is unjustifiable. (Added 13 of 1993 s. 23) Cap 311 s 32 Constitution of Appeal Board (1) Every appeal under section 31 shall be determined by an Appeal Board constituted under this Part. (2) The Governor shall appoint as Chairman of Appeal Boards a person who is qualified in law. (3) Subject to section 34(3), the Chairman shall be appointed for a term of 3 years but may be re-appointed. (Amended 13 of 1993 s. 24) (4) The Governor shall also appoint a panel of persons whom he considers to be suitable for appointment as members of an Appeal Board pursuant to section 33(1). (4A) A member of the panel shall be appointed for a term of 3 years but may be reappointed. (Added 13 of 1993 s. 24) (4B) A member of the panel may resign by giving notice in writing to the Governor. (Added 13 of 1993 s. 24) (5) An appointment under subsection (2) and every appointment to the panel under subsection (4) shall be notified in the Gazette. (6) In subsection (2) and in section 34(1) "qualified in law" (具法律专业资格) means qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336). Cap 311 s 33 Exercise of Appeal Board's jurisdiction Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairman and such number of persons from the panel referred to in section 32(4) as the Chairman may appoint for that appeal or group of appeals. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！