Section 33

A person must not start or carry out, or cause or permit the carrying out of any industrial plant works without the Director‑General certifying that the plans of the industrial plant works comply with any requirements that he or she may specify for the purposes of this Act (called in this section a clearance certificate).

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

Every application under this section must be made by a qualified person or any approved person in the form and manner that the Director‑General may require.

There is to be charged, for the processing of every application under this section, the fees that may be prescribed by the Agency, with the approval of the Minister.

Every applicant under this section must submit to any filing authority that the Director‑General may designate, in the form and manner that the Director‑General may determine, plans of the industrial plant works to which the application relates showing the details or specifications that the Director‑General may require.

Where any industrial plant works constitute a new venture under section 26A of the Energy Conservation Act 2012, an applicant must not be issued with a clearance certificate under subsection (1) for the new venture if the applicant has not submitted to the Director‑General for the Director‑General’s approval a report for the new venture (if that approval is required) under that section of the Energy Conservation Act 2012.

Despite subsection (6) and without affecting subsection (8) or (9), the Director‑General may issue the applicant with a clearance certificate subject to the condition that the applicant must submit the report mentioned in subsection (6) to the Director‑General for the Director‑General’s approval within the period that the Director‑General may specify.

The Director-General may, before issuing a clearance certificate under subsection (1), give a written direction to the applicant to comply, within the period that may be specified in the direction, with the requirements that he or she may specify for the purposes of this Act.

In issuing any clearance certificate under subsection (1), the Director‑General may impose any conditions that he or she thinks fit.

Any person for whom any industrial plant works, in respect of which a clearance certificate has been issued under subsection (1), had been carried out and completed must apply to the Director‑General for a further certificate that the industrial plant works have been completed in accordance with the plans submitted under subsection (5) and the conditions imposed by the Director‑General under subsection (9) (called in this section a compliance certificate).

The Director-General may, on an application under subsection (10), require the appointed qualified person or a registered inspector appointed by that person to inspect the completed industrial plant works and submit a report stating whether the industrial plant works have been completed in accordance with the plans and the conditions imposed by the Director‑General.

The Director-General may, after considering the report submitted under subsection (11) —

If the person to whom any written direction is given under subsection (12)(b) fails to comply with the requirements specified in the direction within the time specified in the direction, the application under subsection (10) is deemed to be withdrawn.