5. Power of Director to attach conditions to permission

Amended

Last amended by an amending law of 1975.

Without prejudice to the generality of section 4(3), the Director may in granting permission under that section impose conditions —

(a)

requiring the occupier —

(i)

to repair, alter or replace any industrial plant, fuel burning equipment or control equipment installed in or on the scheduled premises;

(ii)

to install and operate industrial plant, fuel burning equipment or control equipment in or on the scheduled premises;

(iii)

to erect or alter the height or dimension of any chimney through which air impurities may be discharged from the scheduled premises;

(iv)

to alter the method of operation or process used in or on the scheduled premises to prevent or reduce air pollution;

(v)

to install and operate instruments and carry out tests and keep records of any such tests and any method of operation or supervision as may be required;

(vi)

to use a specified type of fuel to prevent or reduce air pollution;

(vii)

to carry out any of the requirements imposed on him under this paragraph within such period as may be specified in those conditions;

(b)

prohibiting the occupier from altering or replacing any control equipment installed in or on the scheduled premises except with the approval of the Director; or

(c)

prohibiting the occupier from operating any newly installed or altered fuel burning equipment or industrial plant until approval to do so has been given by the Director.

Terms defined in s 2

air pollution
Defined · s 2
“air pollution” means the emission into the air of any air impurity;
Open s 2
chimney
Defined · s 2
“chimney” includes any structure or opening from or through which air impurities may be emitted, and any reference to a chimney of or used in connection with any premises includes a reference to a chimney which serves the whole or a part of the premises though structurally separate from the premises or building thereon;
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control equipment
Defined · s 2
“control equipment” includes —(a)any apparatus for separating any air impurities from the gas or liquid medium in which they are carried;(b)any automatic device used for securing the more efficient operation of any fuel burning equipment;(c)any device to indicate or record air pollution or give warning of excessive air pollution; and(d)any other device used for the purposes of preventing or limiting air pollution;
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Director
Defined · s 2
“Director” means the Director of Air Pollution Control appointed under section 3;
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fuel burning equipment
Defined · s 2
“fuel burning equipment” means any furnace, boiler, fireplace, oven, retort, incinerator, open fire, vehicle, vessel or chimney, or any other apparatus, device, mechanism or structure used or to be used in connection with the burning of any combustible material in, or in relation to, any industrial plant;
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industrial plant
Defined · s 2
“industrial plant” means any plant used for the generation of power, or for any industrial use, or for the operation of vessels, aircraft, locomotives, cranes or other machines using any combustible material for their operation;
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occupier
Defined · s 2
“occupier”, in relation to any premises, means the person in occupation or control of the premises, and, in relation to any part of any premises different parts of which are occupied by different persons, means the person in occupation or control of that part;
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scheduled premises
Defined · s 2
“scheduled premises” means any premises for the time being specified in the Schedule.
Open s 2

Report

Read on from s 6