【法规名称】
【法规编号】 79404 什么是编号？
【正 文】
第4页 CAP 311 AIR POLLUTION CONTROL ORDINANCE
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[接上页] (a) require that the notice be complied with immediately; or (b) state a time by which the person given notice shall comply with the notice.(4) An air pollution abatement notice remains in force until it is withdrawn or expires. (5) If the Authority or an authorized officer gives or withdraws an air pollution abatement notice verbally, the Authority or the authorized officer shall confirm the notice in writing within 7 days. (6) Subsection (1) does not apply to- (a) air pollution emitted from a specified process which is operated under a licence issued under section 15; (b) the emission of an objectionable odour from a declared offensive trade carried out under and in accordance with a licence issued under bylaws made under the Public Health and Municipal Services Ordinance (Cap. 132).(7) A person who fails to comply with an air pollution abatement notice given to him under subsection (1) commits an offence and is liable- (a) if he fails to cease the operation of a polluting process as specified in the air pollution abatement notice, to a fine of $500000 and to imprisonment for 12 months and a further fine of $100000 for each day that the court is satisfied that the failure to cease the operation has continued; and (b) in any other case, to a fine of $100000 on first conviction and to a fine of $200000 and to imprisonment for 6 months on a second or subsequent conviction and, on a first or subsequent conviction, to a further fine of $20000 for each day that the court is satisfied that the failure to comply with the air pollution abatement notice has continued. (Replaced 13 of 1993 s. 7) Cap 311 s 11 Power to amend Schedule 1 PART IV SPECIFIED PROCESSES AND THE LICENSING OF PREMISES THEREFOR The Legislative Council may by resolution amend Schedule 1. (Amended 13 of 1993 s. 8) Cap 311 s 12 Prevention of discharge of noxious or offensive emissions (1) The owner of any premises used for the conduct of any specified process shall use the best practicable means for preventing 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 $200000 and to imprisonment for 6 months, and, in addition, if the offence is a continuing offence, to a fine of $20000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 13 of 1993 s. 9) (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). Cap 311 s 13 Licence required to use premises for specified process (1) Subject to section 20, the owner of any premises shall not use those premises, or permit those premises to be used, for the conduct of a specified process unless he is the holder of a licence to use the premises for the conduct of that specified process. (2) Any owner who contravenes subsection (1) commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months, and, in addition, if the offence is a continuing offence, to a fine of $20000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 13 of 1993 s. 10) Cap 311 s 14 Application for licences (1) Any person who wishes to obtain a licence to conduct a specified process in any premises shall apply to the Authority in the prescribed form. (2) An application under subsection (1) shall be accompanied by the prescribed fee. (3) The Authority shall publicly notify all applications for licences- (a) by entering in the register such particulars thereof as may be prescribed; (b) by causing a notice to be published at the expense of the applicant in an English language and a Chinese language newspaper determined by the Authority containing such particulars of the application and other information as may be prescribed and a statement of the place or places where the particulars of the application may be inspected. (Amended 23 of 1987 s. 2)(4) During the period of 30 days after the last notice is published pursuant to subsection (3)(b)- (a) the particulars of the application shall be kept at each place notified under subsection (3)(b) and shall be available for inspection by the public during normal office hours; and (Amended 23 of 1987 s. 2) (b) any person may, in such manner as may be prescribed, object to the granting of a licence to conduct the specified process concerned on the grounds that- (i) it would tend to inhibit the attainment or maintenance of any relevant air quality objective; or (ii) the emission of noxious or offensive emissions would be, or be likely to be, prejudicial to health. (Replaced 23 of 1987 s. 2) |
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