Clean Air Amendment Act 1993
The Laws of Bermuda
Annual Volume of Public Acts 1993 : 53

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BERMUDA
1993 : 53

CLEAN AIR AMENDMENT ACT 1993

[Date of Assent 23 July 1993]

[Operative Date 23 July 1993]

WHEREAS it is expedient to amend the Clean Air Act 1991:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Clean Air Amendment Act 1993.

Amends s11 of Act No 38 of 1991
2 Section 11 of the Clean Air Act 1991 ("the Act") is amended by
inserting next after paragraph (k) of subsection (1) the following
paragraphs—

"(ka) providing for the making of exceptions to provisions in
regulations;

(kb) empowering persons or bodies in such cases or
circumstances as may be thought fit—

(i) to impose more stringent requirements or
standards than those called for by regulations;
or

(ii) to authorize less stringent requirements or
standards than those called for by regulations;

CLEAN AIR AMENDMENT ACT 1993

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(kc) empowering persons or bodies to prohibit (whether
absolutely or subject to conditions or to the grant of
licences, permits or other approvals) the doing of acts,
or classes of acts, causing, or considered to cause, or
to be able or likely to cause, air pollution;

(kd) requiring the making of reports either generally or in
particular circumstances;".

Amends s25 of Act
3 Section 25 of the Act is amended by deleting paragraph (d) of
subsection (1) and substituting the following paragraph—

"(d) prescribing any matter or thing (being a matter or
thing of a procedural nature)—

(i) which is required or permitted by this Act to be
prescribed; or

(ii) which it is convenient to prescribe.".

Amends s 29 of Act
4 (1) Section 29 of the Act is amended by adding the following
subsections—

"(4) Notwithstanding subsection (3), if before the
expiration of the 6 months mentioned in that subsection ("the
holdover deadline") the Authority is satisfied that any standard
set, or any prohibition or requirement imposed, by a regulation
cannot be complied with at or in relation to a controlled plant
referred to in that subsection on or after that deadline, then the
Authority may in that case with the prior approval of the
Minister by notice in writing to the operator of the plant cancel
that standard, prohibition or requirement as respects that plant,
or in relation to that plant modify it to such extent, and for such
period (not however exceeding five years commencing on the date
of the holdover deadline), as the Authority may think fit; and,
where such a notice has been given to an operator, any such
standard, prohibition or requirement shall, as respects the plant
in question, cease to have effect, or as the case may be shall
have effect subject to the modifications specified in the notice, for
as long as the notice is in force.

(5) Where the Authority has given a notice to an
operator under subsection (4), the Authority may with the prior
approval of the Minister and after consulting with the operator
amend the notice in such manner as the Authority may think
fit.".

The Laws of Bermuda
Annual Volume of Public Acts 1993 : 53

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Amends First Schedule to Act
5 The First Schedule to the Act is amended by re-lettering item (h)
as item (j) and inserting the following in their proper alphabetical
places—

"(h) a facility for the storage, treatment or disposal of
hazardous materials (as defined in regulations);

(i) a facility for burning, or a pyre consisting of,
prohibited debris (as defined in regulations);".

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