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Atmospheric Pollution (Prevention) - General (Ss 13-17)

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13. Disclosure of information

 

(1) No person shall disclose any information relating to any manufacturing process or trade secret used in carrying on any particular undertaking which has been furnished to or obtained by him while performing functions under this Act unless the disclosure is made-

(a) with the consent of the person carrying on that undertaking;

(b) in connection with the performance of his functions under this Act; or

(c) for the purpose of legal proceedings arising out of this Act.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.

 

14. Auxiliary powers of Minister

 

The Minister, in order to further the object of preventing, reducing or controlling atmospheric pollution due to industrial processes may-

(a) publish and disseminate information, and cause educational programmes to be devised and carried out, relating to the control of atmospheric pollution;

(b) arrange and promote the undertaking of studies of the quality of the air, and investigations into the levels of concentration of matter polluting the air, anywhere in Botswana.

 

15. Regulations

 

The Minister may make regulations for any matter required to be prescribed under this Act, for the better carrying out of the objects and purposes of this Act, and for giving effect to its principles and provisions, and without prejudice to the generality of the foregoing may make regulations prescribing or providing for-

(a) the processes which shall be industrial processes for the purposes of this Act;

(b) standards of quality or purity of air to be employed in testing, measuring or controlling the emission into the atmosphere of objectionable matter resulting from the carrying on of industrial processes;

(c) any matter which in terms of this Act is to be or may be prescribed;

(d) the form and manner of any application for any registration certificate and the plans, documents and other information to be submitted in connection with any such application;

(e) the procedure to be followed by the Board;

(f) the fees to be paid in connection with any application or any appeal under this Act and the circumstances in which the fees paid in connection with any such appeal shall be refunded.

 

16. Penalties

 

Any person convicted of an offence under this Act shall be liable, in the case of a first conviction, to a fine not exceeding P500 or to imprisonment for a term not exceeding six months, or to both and, in the case of a subsequent conviction, to a fine not exceeding P1000 or to imprisonment for a term not exceeding 12 months, or to both, with a further fine not exceeding P50 for every day during which any such subsequent offence has continued.

 

17. This Act to bind the Republic

 

The provisions of this Act shall bind the Republic.