Key Benefits:
The Minister may by order published in the Gazette-
(a) declare any area to be a controlled area for the purposes of this Act;
(b) include any area in or exclude any area from a controlled area.
8. Requirements as to premises on which industrial processes are carried on
(1) No person shall within a controlled area-
(a) carry on in or on any premises an industrial process capable of causing or involving the emission into the atmosphere of objectionable matter unless-
(i) he is the holder of a current registration certificate authorizing him to carry on that industrial process in or on those premises; or
(ii) in the case of a person who was carrying on any such industrial process in or on such premises immediately prior to the date of publication of the order by which the area in question was declared a controlled area, he has within three months after that date applied for the issue to him of a registration certificate authorising the carrying on of that industrial process in or on those premises, and his application has not been refused; or
(b) erect or cause to be erected any building or plant or alter or extend or cause to be altered or extended any existing building or plant on any premises, which is intended to be used for the purpose of carrying on any industrial process in or on those premises, unless he has, before commencing such erection, alteration or extension, received from the Air Pollution Control Officer authority in writing to do so.
(2) Any person who contravenes any provision of subsection (1) shall be guilty of an offence.
9. Application for and issue of registration certificates
(1) An application for a registration certificate shall be lodged with the Air Pollution Control Officer in the prescribed form and shall be accompanied by such information as may be prescribed.
(2) The Air Pollution Control Officer shall, after consideration of any such application-
(a) in the case of the application of a person who was carrying on any such industrial process as is referred to in section 8(1)(a) in or on the premises to which the application relates immediately prior to the date of publication of the order by which the area in question was declared a controlled area; or
(b) in the case of the application of a person who intends to carry on such a process in premises not used by him therefor immediately prior to the said date, or in altered or extended premises-
(i) if he is satisfied that the best practicable means have been installed and will be employed for preventing or reducing to a minimum the escape into the atmosphere of objectionable matter which is produced or is likely to be produced by any such industrial process, and in the case of premises referred to in paragraph (b) has inspected such premises and declared them fit for registration, may grant the application and issue to the applicant a registration certificate in the form prescribed; or
(ii) if he is not so satisfied, by notice in writing may require the applicant to take the necessary steps within a period specified in the notice for preventing or reducing to a minimum the escape into the atmosphere of any such objectionable matter.
(3) If the Air Pollution Control Officer is satisfied within the period specified in a notice under subsection (2)(b)(ii) or within such further period as he may allow that the requirements of such notice have been complied with he may grant the application and issue to the applicant a registration certificate in the form prescribed.
(4) No registration certificate shall be issued under the provisions of this section unless the Air Pollution Control Officer is satisfied that the industrial process in question may reasonably be permitted to be carried on in the locality concerned, having regard to the nature of that process, the character of the locality in question, the purposes for which other premises in such locality are used and any other considerations which in his opinion have a bearing on the matter, and that the carrying on of that industrial process in or on the premises in question would not be in conflict with any town planning scheme in operation or in course of preparation in respect of such locality.
10. Conditions of registration certificates
(1) A registration certificate shall specify-
(a) the situation and extent of the building or plant, or proposed building or plant, to which it relates;
(b) the nature of the industrial process intended to be carried on;
(c) the raw materials intended to be used, the nature of the operations to be carried on, and the products to be produced;
(d) the appliances to be installed and any other measures intended to be taken with a view to preventing or reducing to a minimum the escape into the atmosphere of any objectionable matter; and
(e) the proposed measures for the disposal of the effluents discharged from appliances installed with the view referred to in paragraph (d).
(2) A registration certificate shall be subject to the condition that all plant and apparatus used for the purpose of carrying on the industrial process in question and all appliances for preventing or reducing the escape into the atmosphere of objectionable matter shall at all times be properly maintained and operated and that the holder of the certificate shall ensure that all other necessary measures are taken to prevent the escape into the atmosphere of objectionable matter:
Provided that in applying the provisions of this subsection due allowance shall be made for the unavoidable escape into the atmosphere of objectionable matter during the starting up of any plant or apparatus in respect of which the registration certificate was issued or during the period of any breakdown or shutting down or disturbance of such apparatus or plant.
(3) The Air Pollution Control Officer may at any time by notice in writing require the holder of any such certificate to take steps to ensure the more effective operation of the appliances provided for in such certificate for the prevention of the escape into the atmosphere of objectionable matter produced by the industrial process to which the certificate relates.
(4) The Air Pollution Control Officer may at any time by notice in writing require the holder of any such certificate to take such steps as may be reasonable, having regard to the cost involved, to ensure the more effective prevention of the escape into the atmosphere of objectionable matter produced by the industrial process to which the certificate relates by means of some other or improved process or equipment specified in such notice.
(5) Any such holder shall be allowed a reasonable period to be specified in the relevant notice within which to take any steps specified therein.
(6) If the holder of a registration certificate fails to comply with the conditions referred to in subsection (2) or any requirement under subsection (3) or (4), the Air Pollution Control Officer may by notice in writing call upon such holder to comply with such conditions or requirement within a reasonable period specified in the notice, and in the event of his failure to comply with the said conditions or requirement within the period so specified the holder shall be guilty of an offence.
(7) If the holder of a registration certificate is convicted of an offence under subsection (6) and notice of appeal against such conviction has not been lodged timeously or such appeal has failed or been abandoned or withdrawn, the Air Pollution Control Officer may cancel the registration certificate or suspend the operation thereof for such period as he may deem fit.
(8) For the purpose of ensuring that any conditions or requirements imposed by or under the provisions of this section are complied with or carried out the Air Pollution Control Officer may inspect, or order an inspector to inspect, any building or plant to which a registration certificate relates.
11. Investigations by Air Pollution Control Officer or inspector
(1) On receipt of a complaint that within a controlled area the emission into the atmosphere of objectionable matter is resulting from the carrying on of an industrial process and that such emission is causing or has caused injury or damage to the health of human beings or of livestock or to vegetation or other property, the Air Pollution Control Officer may conduct, or order an inspector to conduct, an investigation into such complaint.
(2) If he has reason to believe or suspect that on any premises an industrial process is being carried on otherwise than in accordance with the provisions of this Act or any regulation the Air Pollution Control Officer may investigate, or order an inspector to investigate, the matter.
12. Appeals from decisions of Air Pollution Control Officer
(1) There is established an Atmospheric Pollution Appeals Board which shall consist of not less than three persons appointed by the Minister by notice published in the Gazette, each of whom shall possess technical qualifications deemed appropriate by the Minister.
(2) Any person who is aggrieved by a decision of the Air Pollution Control Officer refusing an application for a registration certificate or cancelling or suspending a registration certificate or imposing any requirement under subsection (3) or (4) of section 10 may within one month appeal against such decision to the Board which shall have power to make such order on the appeal as it may consider equitable and whose decision shall be final.
(3) For the purpose of proceedings before it the Board may administer oaths and affirmations.
(4) Any person who so appeals may continue to carry on the industrial process to which such appeal relates pending the decision of the Board on such appeal if such industrial process was being carried on prior to the decision of the Air Pollution Control Officer or the imposition by him of the requirement which is the subject of the appeal.
(5) Any person who lodges an appeal under subsection (2) shall submit with his appeal written arguments or explanations of the grounds of his appeal and may further appear before the Board in person or through a representative (who shall be an advocate or an attorney) and cause any evidence to be tendered or any argument or explanation to be submitted to the Board in support of the written arguments or explanations of his grounds of appeal.
