【法规名称】
【法规编号】 79404 什么是编号？
【正 文】
第7页 CAP 311 AIR POLLUTION CONTROL ORDINANCE
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[接上页] (2) Any owner who fails to comply with subsection (1) commits an offence and is liable to a fine of $50000. (Amended 13 of 1993 s. 13) (3) Any owner who in any notice under subsection (1) makes any statement or gives any particular or information which he knows to be incorrect in a material respect or who recklessly makes any statement or gives any particular or information which is incorrect in a material respect or knowingly omits any material particular therefrom commits an offence and is liable to a fine of $50000. (Amended 13 of 1993 s. 13) (4) Subsection (1) shall not apply to owner of any premises or any part of the premises used for conduct of a specified process, in respect of which premises- (a) the owner holds a licence under section 15(4); (b) a licence has expired but the owner continues to operate the specified process; (c) an application for a licence by the owner has been refused but the owner continues to operate the specified process; (d) the owner's licence has been cancelled under section 17(1)(b); (e) the owner has been exempted under section 20; (f) the exemption of the owner under section 20 has ceased under section 20A; (g) the exemption of the owner under section 20 has ceased under section 21(1)(i); (h) the owner has been exempted under section 20 but has to comply with the terms and conditions imposed under section 22(1)(a)(i) or (c); or (i) the exemption of the owner under section 20 has been cancelled under section 22(1)(a)(iii) or (b). (Added 19 of 1994 s. 3) Cap 311 s 20 Exemption of certain premises Remarks: Amendments retroactively made - see 29 of 1998 s. 63 (1) The owner of any premises used for the conduct of a specified process at the date of publication of an order under section 19 shall, subject to subsection (4) and section 21, be exempt so far as use of that premises is concerned in respect of that process from the operation of section 13 if notice of the existence of that premises has been duly given under section 19. (Amended 13 of 1993 s. 14) (2)-(3) (Repealed 13 of 1993 s. 14) (4) No exemption shall arise under this section if, at the time when notice is given under section 19, the premises used for the conduct of the specified process- (a) have been unlawfully erected on unleased land in contravention of section 4 of the Land (Miscellaneous Provisions) Ordinance (Cap 28); or (b) are situated on land held under a Government lease or on land occupied under a licence issued under section 5 of the Land (Miscellaneous Provisions) Ordinance (Cap 28) and the use of the premises for the conduct of the specified process is in breach of the Government lease or the licence. (Amended 29 of 1998 s. 63)(5) Where at the date of publication of an order under section 19 any person is the owner of premises which are being developed for use for the conduct of a specified process the Authority may in writing subject to subsection (4) and section 21 exempt him in respect of those premises from the operation of section 13 upon his giving notice under section 19, which shall for the purposes of this subsection apply mutatis mutandis. (Amended 13 of 1993 s. 14) Cap 311 s 20A Cessation of exemption on conviction under section 19(3) The owner of any premises who is convicted under section 19(3) of an offence relating to those premises shall cease to be exempt under section 20 from the operation of section 13 in respect of the premises. (Added 23 of 1987 s. 7) Cap 311 s 20AA Removal of exemption to certain classes of existing premises (1) The Secretary may by order in the Gazette declare that after a date specified in the order an exemption from the requirement to comply with section 13 granted to the owner of a class of premises under section 20 no longer applies. (2) The owner of premises previously exempt under section 20 shall not, after the date specified in the order made under subsection (1), use those premises, or permit those premises to be used, for the conduct of a specified process unless- (a) he is the holder of a licence to use the premises for the conduct of the specified process; or (b) he has applied to the Authority for a licence to use the premises for the conduct of the specified process in accordance with the requirements of section 14 and the Authority has not refused to grant the licence.(3) An owner who contravenes subsection (2) 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 further fine of $20000 for each day during which the court is satisfied that the offence has continued. (4) The owner of premises of a class for which an exemption no longer applies as a result of an order under subsection (1) is not entitled to compensation for loss caused by the removal of the exemption. (Added 13 of 1993 s. 15) Cap 311 s 21 Cessation of exemption in certain circumstances and application for licence (1) Without prejudice to the powers in section 22 when, on or in any premises used for the conduct of a specified process the owner of which is exempt under section 20 from the operation of section 13, for any reason, including addition, alteration or modification thereto or renewal thereof, any chimney or relevant plant used in or in connection with the conduct of the specified process ceases to conform with any of the particulars in relation thereto- |
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