【法规名称】
【法规编号】 79404 什么是编号？
【正 文】
第8页 CAP 311 AIR POLLUTION CONTROL ORDINANCE
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[接上页] (a) given by such owner under section 19; and (b) recorded in a register kept under section 39(1)(b),then, in respect of that part of the premises on or in which such chimney or relevant plant is situate, the owner thereof- (i) shall cease to be exempt under section 20; and (ii) shall apply forthwith under section 14 for a licence.(2) Except where the Secretary directs otherwise, section 14(3) and (4) shall not apply in relation to an application for a licence in accordance with subsection (1)(ii), and section 15(1) as regards the period before which the Authority may not grant or refuse to grant a licence shall likewise not apply except where the Secretary has directed that section 14(3) shall apply. (Amended 23 of 1987 s. 8) (3) Any owner who, without reasonable excuse, fails to comply with subsection (1)(ii) 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. 16) (4) Where the owner of a premises applies for a licence in accordance with subsection (1)(ii), then, pending the grant or refusal to grant the licence, the operation of section 13 shall be suspended in relation to the part of the premises which has ceased to be exempt under subsection (1)(i) and which is referred to in the application made under section 14. Cap 311 s 22 Further powers in relation to an existing specified process (1) Where in relation to 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 the Authority considers it necessary so to do in the public interest he may, by notice in writing to the owner of the premises- (a) (i) impose terms and conditions subject to the observance of which, as from a specified date, the exemption shall continue in force; (ii) declare the exemption liable to cancellation if at any time the person fails to observe any such term or condition; (iii) cancel the exemption as from a specified date if the person fails to observe any such term or condition;(b) cancel the exemption as from a specified date; (c) amend or add to any notice previously given under this section, or any part of such notice, or substitute a new notice for it.(2) Unless the Authority considers that the continuation of the specified process would of itself be, or be likely to be, prejudicial to health, he may exercise any power set out in subsection (1) only with the prior approval of the Governor in Council, as to both the exercise of the power and the manner of the exercise of the power, or with the agreement of the owner of the premises used for the conduct of the specified process. (3) The Authority may revoke a notice previously given under this section, subject to the further approval of the Governor in Council in the case of a revocation which affects anything previously done under this section with the approval of the Governor in Council. (4) Subject to subsection (5) the date specified in a notice for the imposition, amendment or addition of any term or condition under paragraph (a)(i) or (c) of subsection (1) or for the cancellation of an exemption under paragraph (a)(iii) or (b) thereof shall be not less than 90 days after the day on which the notice is given to the owner of the premises used for the conduct of the specified process. (5) Where in the opinion of the Authority it is necessary to impose, amend or add any term or condition under paragraph (a)(i) or (c) of subsection (1) or to cancel an exemption under paragraph (a)(iii) or (b) thereof because the continuation of the specified process would of itself be, or be likely to be, prejudicial to health, he may exercise any of the said powers with effect from such date as the circumstances may require and shall not be bound to comply with subsection (4). (6) Subject to subsection (2), the Authority may impose such terms and conditions under subsection (1) as he thinks fit including any term or condition- (a) requiring the person to restrict or from time to time to suspend the emission of any air pollutant; (b) relating to the matters set out in Schedule 2. (Amended 13 of 1993 s. 31) Cap 311 s 23 Exempted premises-approval of changes (1) A person who is the owner of any premises used for the conduct of a specified process and who is exempt under section 20 from the operation of section 13 may apply to the Authority in the prescribed form for a variation or cancellation of any term or condition imposed by the Authority under section 22. (2) An application under subsection (1) shall be accompanied by the prescribed fee. (3) Section 14(3) and (4) shall apply for the purpose of publicly notifying an application under this section as if it were an application for a licence. (4) The Authority may either grant the application in whole or in part or refuse to grant it but shall not do so earlier than 30 days after the last notice is published in a newspaper pursuant to subsection (3). |
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