Clean Air Act 1984 (SA)
(Reprint No. 1)
SOUTH AUSTRALIA
CLEAN AIR ACT, 1984
This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 1 July 1991.
It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.
PART I
PRELIMINARY
Section
Short title
Commencement
Interpretation
Non-application of this Act
Act binds Crown
PART I1
THE CLEAN AIR ADVISORY COMMITTEE
Constitution of the Committee
Deputies
Term of office of appointed members
Removal of aooointed members from office. vacancies. etc.
Allowances a i d ex~enses
PART Ill
LICENSING O F PRESCRIBED ACTIVITIES
DIVISION I-APPROVALS | FOR BUILDING WORK IN RELATION T O |
PROPOSED PRESCRIBED ACTIVITIES
Construction, alteration or extension of premises in which a prescribed activity is to be carried on must be
approved by the Minister
DIVISION 11-LICENCES
Prohibition of carrying on a prescribed activity without a licence
Application for iicence
Grant of licence
Refusal of licence
Prescribed activities in existence at commencement of Act entitled to a licence
Matters to be considered in granting or refusing a licence
Renewal of licences
Surrender of licences
Revocation or suspension of licence
Transfer of licences
The register
DIVISION 111-CONDITIONS | O F LICENCES |
Holder of licence must not carry out certain works without the approval of the Minister
Licence may be subject to other conditions
Duty to comply with conditions of licence
Variation, etc., or imposition. of conditions of licence
Matters to be considered by Minister in exercising his powers under this Division
PART lllA |
OZONE PROTECTION
Interpretation
Prohtbition of manufacture, use, etc.. of prescribed substances
Exemotions
Reeisier of exemptions
Rr;lrs3tion of <ximptiuns
?.llnls!r.r !nay cau,e removal 311d dispo~al | of re~cribed | s i o s t l n c e ~ |
hllnlsrzr
:nav nrontbii imoorr uicertaln zoois
Labelling of b;oducts coniaining prescrib;d | substances PART IV |
GENERAL AIR POLLUTION CONTROL PROVISIONS
Occupier of premises must not cause air ~o l iu t ion | through certain emissions |
.Air p>.iutioi 2i;ervzin ~ i n d | m.231 ,:or exceed preririhcd;landarcs |
Exczrs.ve ~ d o, ~ r r | m 1st nor be emiileo irom | premises |
1 ) ~ r v | io ora\ide Ino use cnirnnz\j !or | !lie d:iozrsal oi nc,lluri.,n | . | ~ - - ~ | -~ -~ |
\lin;srer'mav require rerts:r. act;on to be raken !o prevent rrr mlrigate
3LI poilitton
\faiterr lo be cocrlzered b) \lin:rier in excrci,in$ has | o i rnis Part |
.Airnorilea officer |
iii |
38. Minister may prohibit the use of certain Euels and eauivment in emereencv situations
PART V APPEALS
Constitution of the Tribunal
Deuuties
Te;m of ofice
Removal of members from office, vacancies, etc.
Allowances and expenses
Conduct of business
Grounds for, and manner of, appeal
Tribunal must notiF,the partiki of the time and place tor hearing the appeal
Proceedings of the ribunal
Determination of an aooeal
Decision of Tribunal ii'final
PART
VI MISCELLANEOUS
Appointment of authorized officers
Powers of authorized officers
lniunctions
Council res onsible for enforcement of certain provisions
Delegation &y Minister and Director-General
Immunity from liability
Manner of giving notices
Duty not to divulge information relating to trade processes
Penalties and default venalties
Offences committed | Proceedings for offences | |
Evidentiary provisions | ||
| ||
Regulations |
CLEAN AIR ACT, 1984 being
Clean Air Act, 1984. No. 26 of 1984 [Assented to 10 May 19841 '
as amended by
Clean Air Act Amendment Act, 1986. No. 48 of 1986 [Assented to 4 September 19861
Clean Air Act Amendment Act. 1989. No. 27 of 1989 [Assented to 27 April 19891
An Act to minimize and control air pollution, to provide for the protection of ozone in the atmosphere, and for other related purposes. BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:
PART I
PRELIMINARY
Short title 1. This Act may be cited as the
Clean Air Act, 1984.
Commencement
2. (1) This Act shall come into operation on a day to be fixed by proclamation.(2) The Governor may, in a proclamation fixing a day for this Act to come into
operation, suspend the operation of any specified provisions of this Act until a day fixed
by the proclamation, or a day to be fixed by subsequent proclamation. |
3. In this Act, unless the contrary intention appears-
"air pollution" means the emission into the air of any impurity:
"authorized officer" means a person appointed as an authorized officer under this
Act:
"chimney" means any structure designed or used for the purpose of emitting
impurities from any premises into the air:
"the Committee" means the Clean Air Advisory Committee established under
Part 11:
'Came into operation 6 August 1984:
Gaz. 26 July 1984, p. 333.'Came into operation (except new
s. 30b as inserted by s. 4) 1 February 1990: new s. 30b came into operation 1 June1990
Gar. 1 February 1990. p. 250.
2 Clean Air Act. 1984 "control equipment" means any device that controls, limits, measures, records or
indicates air pollution:
"council" means a council constituted under the
Local Government Act, 1934: "the Department" means the Department of Environment and Planning:
"the Director-General'' means the Director-General of the Department:
"domestic incinerator" means an incinerator that-
(a) has a capacity of less than0.25 cubic metres;and
(b) is used for burning the refuse from less than three private households:
"fuel-burning equipment" means any machine, engine, apparatus or structure in | i |
which, or in the operation of which, combustible material is burned, but does
not include a motor vehicle:
"impurity" means solid or liquid particles of any kind and any gas, and includes
an odour:
"licence" means a licence granted under Part
111: "motor vehicle" means any machine, however propelled, that is designed or used for the purpose of transporting goods, materials or persons, but does not include a crane, a vessel or a railway locomotive:
"occupier", in relation to premises, means a person who has, or is entitled to,
possession or control of the premises:
"premises" means any land, building or structure, and includes a crane, vessel or
railway locomotive:
"prescribed activity" means any industry, operation or process that is declared by
the regulations to be a prescribed activity for the purposes of this Act:
"prescribed matters" means-
(a) prevailing weather patterns and meteorological conditions;
( |
\ |
mizing the harmful effects of air pollution;
the premises in question for the implementation of those processes;
plants and property: | / ' |
"the Senior Judge" means the person holding, or acting in, the office of Senior
Judge under the
Local and District Criminal Courts Act, 1926: "the Tribunal" means the Air Pollution Appeal Tribunal established under Part V:
"vessel" means any ship, boat or other water craft.
Non-application of this Act
4. (1) This Act does not apply to, or in relation to, the process, or an appliance used in the process, of preparing food or beverages in a private household.(2) Apart from sections 38 and 39 and Part VI, this Act does not apply to, or in
relation to-
(a) a domestic incinerator;
(b) the burning of garden refuse by a fire in the open on the premises of a private
household.
Act binds Crown 5. This Act binds the Crown.
4
Clean Air Act, 1984 PART I1
THE CLEAN AIR ADVISORY COMMITTEE
\, | ||
(2) The Committee shall consist of ten members, appointed by the Governor, of |
whom-
(a) one shall be an officer of the Department nominated by the Minister;
(b) one shall be a person who has qualifications or experience in chemical engineering nominated by the Minister;
i | |
(e) one shall be a person who has qualifications or experience in the field of aii pollution control nominated by the Minister; | |
(fj one shall be a person nominated by the Minister of Health; | |
United Trades and Labor Council;
and
( j ) one shall be a person nominated by the Minister after consultation with a conservation group from time to time selected by the Minister.
(4) The Governor may appoint one of the members to be the Chairman of the
Committee. |
(2) Where a member is for any reason absent or unable to act in his capacity as a member of the Committee, his deputy may act as a member of the Committee.
(2) Upon the expiration of the term of office of a member of the Committee, he shall be eligible for re-appointment. |
Removal of appointed members from office, vacancies, etc.
9. (1) The Governor may remove a member of the Committee from office on theground of-
(a) mental or physical incapacity to carry out satisfactorily the duties of his office;
(b) dishonourable conduct;or
(c) neglect of duty.(2) The office of a member of the Committee shall become vacant if-
(a) he dies;
(b) his term of office expires;
(c) he resigns by giving notice in writing to the Minister;(d) he is removed from office by the Governor pursuant to subsection (1).
(3 ) Upon the office of a member of the Committee becoming vacant, a person shall be appointed to that office in accordance with this Act.
Allowances and expenses 10. A member of the Committee shall be entitled to receive such allowances and expenses as the Governor may from time to time determine.
conduct of business 11. (1) The Chairman or, in his absence, his deputy, shall preside at any meeting of the Committee.
(2) In the absence of both the Chairman and his deputy from a meeting of the Committee, the members present shall elect one of their number to preside at the meeting.
( 3 ) Six members shall constitute a quorum of the Committee, and no business shall be transacted at any meeting of the Committee unless a quorum is present.
(4) A decision carried by the votes of a majority of the members present at a meeting shall be a decision of the Committee. |
( 5 ) The person presiding at a meeting of the Committee shall, in the event of an equality of votes, have a second, or casting, vote.(6) Subject to this Act, the business of the Committee shall be conducted in a manner determined by the Committee.
Validity of acts of the Committee
12. An act or proceeding of the Committee shall not be invalid by reason of a vacancy in the membership of the Committee or of a defect in the appointment of a person to the Committee.
Functions of the Committee
13. The functions of the Committee are-
guidelines, procedures and standards for the purposes of this Act;
6 Clean Air Act, 1984 (b) to monitor the administration and operation of this Act;
(c) to make any recommendations to the Minister it thinks fit in relation to the
administration and operation of this Act and the making of regulations
under this Act, and in relation to air pollution control generally;
(d) to report to the Minister on any matter referred to the Committee by the
Minister;
and
(el to perform such other functions as may be prescribed.
Clean Air Act, | 7 |
PART 111
LICENSING O F PRESCRIBED ACTIVITIES
DIVISION I-APPROVALS | FOR BUILDING WORK IN RELATION T O |
PROPOSED PRESCRIBED ACTIVITIES
Construction, alteration o r extension of premises in which a prescribed activity is to be carried on must be approved by the Minister
14. (1) Subject to subsection (2), a person shall not commence, or cause to becommenced-
(a) the construction of any premises in which he, or some other person, proposes to carry on a prescribed activity;
(b) the alteration or extension of any premises for the purposes of a prescribed
activity proposed to be carried on in those premises by that person, or some
other person;
or
(c) the installation or alteration of plant or equipment for the purposes of a
prescribed activity proposed to be carried on by that person, or some other
person,
unless the written approval of the Minister has first been obtained.
(2) Subsection (1) does not apply in relation to-
(a ) a prescribed activity in respect of which a person holds a licence under thisAct;
or
(b) the construction, alteration or extension of premises for which a planning authorization is required under the
Planning Act, 1982.(3) An application for approval must be made in a manner and form determined by the Minister and must be accompanied by the prescribed fee.
(4) An applicant shall furnish the Minister with such information, plans, specifica- tions, papers or documents relevant to the application as the Minister may require.
(5) The Minister may refuse to give an approval under this section only if he is satisfied that the air pollution likely to be caused as a result of carrying on the prescribed activity- |
(a ) would be in contravention of this Act;or
(b) would be likely to be injurious to public health, to cause serious discomfort or
inconvenience to members of the public or to cause undue injury or
damage to animals, plants or property.
(6) Where the Minister refuses an application for approval, he shall give written notice to the applicant of his reasons for so doing.
(7) An approval given under this section may be subject to such conditions (if any) as the Minister thinks fit and specifies in the approval.
(8) The Minister may revoke, vary or waive compliance with any condition of an approval given under this section.
PART 111 8
Clean Air Act. 1984
(9) A person who has been given an approval under this section subject to conditions shall, in carrying out the approved works, comply with those conditions.
(10) The Minister shall, in exercising any of his powers under this section, take into consideration the prescribed matters and such other matters as he considers relevant.
DIVISION 11-LICENCES
Prohibition of carrying on a prescribed activity without a licence
16. (1) A person may apply to the Minister for a Licence under this Act.(2) An application for a licence-
(a) must be made in a manner and form determined by the Minister;and
(b) must be accompanied by the prescribed fee.
(3) An applicant must furnish the Minister with such information, plans, specifica- tions, papers or documents relevant to the application as the Minister may require.
(2) Upon granting a licence, the Minister shall forward to the applicant a licence in the prescribed form.
(b) would be likely to be injurious to public health, to cause serious discomfort or inconvenience to members of the public, or to cause undue damage or injury to property, plants or animals.
(2) Subject to subsection (3), the Minister may not refuse an application for a licence if the applicant has been given an approval under Division I in respect of the premises the subject of the application.
failed to .comply with the comtitions of an approval given to him under section 14 in
respect of the premises the subject of the application.
(4) Where the Minister refuses an application for a licence, he shall give written
notice to the applicant of his reasons for so doing, and shall refund the licence fee to the
applicant.
Clean Air Act, |
Prescribed activities in existence a t commencement of Act entitled to a licence
19. Notwithstanding any other provision of this Act, a person who was carrying on a prescribed activity immediately prior to the commencement of this Act shall, upon application for a licence in accordance with this Act, be entitled to be granted a licence.Matters to be considered in granting or refusing a licence
20. The Minister shall, in exercising any of his powers under section 17 or 18, take into consideration the prescribed matters and such other matters as he considers relevant.Renewal of iicences
21. (1) All licences shall expire on a common expiry day tixed by the Minister for the purposes of this section.(2) Subject to this Act, a licence shall remain in force from the day on which it is granted until the expiry day fixed under subsection (1) and thereafter may be renewed for successive periods of one year.
(3) An application for renewal must be made in a manner and form determined by the Minister and must be accompanied by the prescribed fee.(4) The Minister may, if he thinks fit, determine an application for renewal notwithstanding that it is delivered to him out of time.
(5) Where an application for renewal is made in accordance with this Act, the
Minister shall renew the licence of the applicant.
Surrender of licences
22. The holder of a licence may at any time surrender his licence to the Minister.Revocation or suspension of licence
23. Where the holder of a licence-(a) has been found guilty of an offence against this Act;
(b) has obtained the licence improperly;
the Minister may, by notice in writing addressed to the holder of the licence, revoke the licence, or suspend the licence for such period as he thinks fit and specifies in the notice.
Transfer of licences
24. (1) A licence under this Act may be transferred in accordance with this section.(2) Upon application for the transfer of a licence being made in a manner and form
determined by the Minister, and the prescribed fee being paid by the person to whom the
licence is to be transferred, the Minister shall transfer the licence to that person.
The register
25. (1) The Minister shall cause a register of holders of licences to be kept.(2) The register shall contain the name and address of each holder of a licence, the conditions (if any) of his licence, information as to the revocation, suspension or surrender of any licence, and such other information as may be prescribed.
PART 111 10
Clean Air Act, 1984 (3) The Minister shall make the register available for inspection by any person.
DIVISION 111-CONDITIONS OF LICENCES
(a) alter the technical methods of operation of the activity from the methods specified in the licence;
(b ) change the type of fuel used from the type specified in the licence;
(c) change the type of any materials processed from the type specified in thelicence;
install, alter, replace or remove any chimney in the premises; |
(e) alter or extend the premises, or install, alter, replace or remove any fuel- burning equipment, or any other plant or equipment, in or on the premises, where to do so would be likely to cause or increase air pollution from the premises, or cause the emission into the air of different impurities from the premises,
unless the written approval of the Minister has first been obtained.
(2) An application for approval under subsection (1) must be made in a manner and form determined by the Minister.
(3) An applicant shall furnish the Minister with such information, plans, specifica- tions, papers or documents relevant to the application as the Minister may require.
(4) An approval given under this section may be subject to such conditions (if any) as the Minister thinks fit and specifies in the approval.
(6) The Minister may revoke, vary or waive compliance with a condition of an approval given under this section.
(7) The holder of a licence who has been given an approval under this section subject to conditions shall, in carrying out the approved action, comply with those
conditions. |
28. The holder of a licence shall comply with the conditions of his licence.
Variation, etc., or imposition, of conditions of licence
29. The Minister may, by notice in writing addressed to the holder of a licence-
(a) vary, revoke or waive compliance with, a condition of the licence;or
{b) impose any condition he thinks fit.
11 |
Matters to be considered by Minister in exercising his powers under this Division
30. The Minister shall, in exercising any of his powers under this Division, take into consideration the prescribed matters and such other matters as he considers relevant.
12
Clean Air Act. 1984
PART IIIA
OZONE PROTECTION
30a. In this Part, unless the contrary intention appears-"the Commonwealth Act" means the
Ozone Protection Act I988 of the Common-wealth, as amended from time to time:
"prescribed substance" means-
(a) any substance referred to in schedule 1 of the Commonwealth Act;
and
(b) any substance prescribed by the regulations:"use", includes to recycle, or to service, maintain or repair.
30b. (1) Subject to this Part, a person must not-
(a) manufacture;
(b) use;
(c) store;(d) sell or offer for sale;
or
(e) dispose of,
a prescribed substance or any product containing a prescribed substance, except in
accordance with an exemption granted under this Part.
Penalty:
division 4 fine; | |
division 1 fine. |
(2) Subsection (1) does not apply in relation to the use, storage, sale by retail or disposal of a prescribed product, or a product of a prescribed class, in prescribed |
circumstances, if the product was purchased prior to the commencement of this section.
Exemptions
30c. (1) A person may apply to the Minister for an exemption from compliance with
section 30b.
(2) The application-
(a) must be made in a manner and form determined by the Minister;and
(b) must be accompanied by the prescribed fee.
(3) The applicant must provide the Minister with such information, plans, specifica- tions, papers or documents relevant to the application as the Minister may require.(4) Subject to this section, the Minister may grant or refuse the exemption.
Clean Air Act, 1984 | 13 |
(5) If the applicant is the holder of a licence or exemption under the Common-
wealth Act, the Minister will grant an exemption under this section to the applicant to
such extent as is consistent with the terms of that licence or exemption.
( 6 ) The Minister will grant an exemption under this section to a person who was, immediately before the commencement of this Act, conducting an enterprise in the course of which a prescribed substance was being manufactured, used, stored, sold, offered for sale or disposed of.(7) An exemption under any provision of this section may be granted for such
period, not exceeding two years, and subject to such conditions, as the Minister thinks fit
and specifies in the instrument of exemption.
(8) The Minister may, by notice in writing to the holder of an exemption under this section, revoke, vary or waive compliance with any condition of the exemption, or add any further condition.
(9) If the Minister refuses an application for an exemption, the Minister must give
written notice to the applicant of the reasons for doing so and must refund the prescribed
fee to the applicant.
(10) The Minister must cause a copy of an exemption granted under this section,
and of any notice given under subsection (8), to be published in the
practicable after the exemption is granted or notice is given.
(11) The holder of an exemption granted under this section must comply with the
conditions to which the exemption is subject.
Penalty:
division 4 fine; | |
division 1 fine. |
Register of exemptions
30d. (1) The Minister must keep a register of exemptions granted under this Part.
(2) A person may inspect the register during the office hours of the Department.
Revocation of exemptions
30e. If the holder of an exemption granted under this Part-
(a) is convicted of an offence against this Act;
or |
(c) has obtained the exemption improperly,the Minister may, by notice in writing addressed to the holder of the exemption, revoke
the exemption.
Minister may cause removal and disposal of prescribed substances
30f. (1) Where a prescribed substance or a product containing a prescribed sub- stance is stored in any premises in contravention of this Act, the Minister may, by notice in writing addressed to the occupier of the premises, require the removal and disposal of such items at or within such time, and in such manner, as may be specified in the notice.
14
Clean Air Act, 1984
(2) A person to whom a notice under subsection (1) has been given must comply
with the notice.
Penalty:
division 4 fine; | |
division 1 fine. |
(3) The Minister may, by further notice in writing, vary or revoke a notice given under this section.
(4) Where an occupier of premises has failed to comply with a requirement or direction of a notice given under this section, the Minister may cause the notice to be complied with and, for that purpose, any person authorized by the Minister in that behalf and using only such force as is reasonably necessary, may enter, or break into, and take possession of such premises or parts of premises and do, or cause to be done, such things as full and proper compliance with the notice may require.
(6) A justice must not issue a warrant under subsection (5) unless he or she is satisfied, on information given on oath, that the warrant is reasonably required in ail the circumstances.
(7) The Minister may recover the amount of the costs and expenses reasonably
incurred in the exercise of powers under this section from the person who failed to
comply with the notice, as a debt in a court of competent jurisdiction.
industry in this State, prohibit, by notice in the
of any products, or products of a specified class, that have been manufactured outside of
this State by a process involving the use of a prescribed substance.
(2) The Minister may, by notice in the
Gazette, vary or revoke a notice under this
section.
(3) A person who contravenes a notice under this section is guilty of an offence.
Penalty: |
division 4 fine; | |
division 1 fine. |
Labelling of products containing prescribed substances
30h. A manufacturer of products containing a prescribed substance must labet those products in accordance with the regulations.
PART IV
Clean Air Act, 1984 | 15 |
PART IV
GENERAL AIR POLLUTION CONTROL PROVISIONS
Occupier of premises must not cause air pollution through certain emissions
31. The occupier of any premises shall not cause, suffer or permit air pollution in or from those premises through-
(a) failure to maintain fuel-burning equipment, control equipment or any other plant or equipment in an efficient condition;(b) failure to operate fuel-burning equipment, control equipment or any other plant or equipment in a proper and efficient manner;
(c) failure to carry out maintenance of fuel-burning equipment, control equip- ment or any other plant or equipment in a proper and efficient manner;(d) failure to process, handle, move or store goods or materials in or on the premises in a proper and efficient manner.
Air pollution of certain kind must not exceed prescribed standards
32. (1) Subject to this section, the occupier of premises shall not cause, suffer or permit air pollution of a prescribed kind or class from those premises except in accordance with the prescribed standards.(2) Subject to this section, where the occupier of premises is carrying on an activity on those premises that is likely to cause, or is causing, air pollution (not being air pollution to which subsection (1) applies), he shall take such action as is reasonably practicable in the circumstances to prevent or minimize that air pollution.
(3) The Minister may, if he thinks special reasons exist for doing so, exempt a person from a provision of this section by notice in writing addressed to the person.
(4) An exemption given under this section may be for such period of time and subject to such conditions (if any) as the Minister thinks fit and specifies in the notice.
(5) The Minister may, by further notice in writing, vary the conditions of or revoke an exemption given under subsection (3).
Excessive odours must not be emitted from any premises from the commencement of this Act, the occupier of premises shall not cause, suffer or permit the emission of an excessive odour from those premises. |
(2) An odour emitted from premises is excessive if-
(a) a complaint is made to the Department by a member of the public alleging that the odour is offensive or causes discomfort;
(b ) it is detected outside the premises by an authorized officer relying solely onhis sense of smell;
and
(c) in the opinion of the authorized officer, the odour-(i) is offensive, or causes discomfort, to a degree or an extent that members of the public ought not reasonably be expected to tolerate;
IV |
16
Clean Air Act, 1984 and
(ii) is of a strength that exceeds'to a significant extent the level at which
the odour is normally emitted (if at all) from the premises.
(3) It shall be a defence for a person charged with an offence under this section to prove that the emission of the odour could not, by the exercise of reasonable diligence, have been prevented.
(4) The Minister may, if he thinks special reasons exist for doing so, exempt any person from this section by notice in writing addressed to the person.
(5) An exemption given under this section may be for such period of time and subject to such conditions (if any) as the Minister thinks fit and specifies in the notice.
(6) The Minister may, by further notice in writing, vary the conditions of or revoke any exemption given under subsection (4).
(7) This section does not apply in relation to an odour arising from an operation or
process carried on outside the metropolitan area or a township, being an operation or
process-
(a) of a winery;or
(b) related to animal husbandry or poultry farming.(8) In this section-
"the metropolitan area" means the part of the State that is comprised of-
(a) Metropolitan Adelaide as defined in Part IV of the Development Plan
under the
Planning Act, 1982;and
(b) the areas of the City of Adelaide and the Municipality of Gawler:
"township" means township as defined in the
Local Government Act, 1934.
in or on which there is fuel-burning equipment, or any other plant or equipment, that
causes, or is likely to cause, air pollution, direct the occupier-
or |
(6) to alter any chimney in or on the premises in such manner as may be specifiedin the notice.
(2) A person to whom a notice under subsection (1) has been given shall comply with the notice.
(3) The Minister may, by further notice in writing addressed to the occupier, vary or revoke a notice given under this section.
(4) Where a chimney has been provided (whether pursuant to a direction of the Minister or otherwise) for the purpose of dispersing the impurities from a particular source within any premises, the occupier of the premises shall not cause, suffer or permit the emission of those impurities into the air otherwise than through that chimney, unless the written approval of the Minister has first been obtained.
17 |
(5) An approval given under subsection (4) may be subject to such conditions (if any) as the Minister thinks fit and specifies in the approval.
(6) Where the Minister refuses an application for approval, he shall give written notice to the occupier of the premises of his reasons for so doing.
(7) An occupier of premises who has been given an approval under subsection (4) subject to conditions shall, in carrying out the approved action, comply with those conditions.
Minister may require certain action to be taken to prevent or mitigate air pollution 35. (1) Where air pollution from any premises has occurred, is occurring or, in the opinion of the Minister, is likely to occur, the Minister may, by notice in writing addressed to the occupier of the premises and issued after consultation with the occupier or a genuine attempt on the part of the Minister to consult with the occupier, require him-
(a) to install such fuel-burning equipment, control equipment o r other plant or equipment, or replace or make such alterations to any existing fuel-burning equipment, control equipment or other plant or equipment, as may be specified in the notice;(b) to use such fuel in the operation of any fuel-burning equipment as may be specified in the notice;
(c ) to discontinue an operation or activity, or to carry out an operation or activity in a manner specified in the notice;
id) to operate, or stop operating, any control equipment, fuel-burning equipment or any other plant or equipment during such times as may be specified in the notice, or to operate any such equipment in the manner specified in the notice;
(e) to remove any goods or materials to such place and in such manner as may be specified in the notice;(fl to carry out such cleaning or repair work as may be specified in the notice;
or
(2) A person to whom a notice under subsection (1) has been given shall comply with the notice.
(3) The Minister may, by further notice in writing, vary or revoke a notice given under subsection (1).
(4) The Minister shall not, in exercising his powers under this section, require the occupier of premises to take any action that would necessitate the occupier closing down his entire operation on the premises, unless the Minister has first consulted with the Minister of State Development in the matter.
Matters to be considered by Minister in exercising his powers under certain sections of this Part
36. The Minister shall, in exercising any of his powers under the preceding sections of this Part, take into consideration the prescribed matters and such other matters as he considers relevant.
18
Clean Air Act, 1984
37. (1) Where an authorized officer is of the opinion that the air pollution from any
premises-
(a) is, or is likely to be, injurious to public health;
(6) is causing, or is likely to cause, serious discomfort or inconvenience to anyperson,
the authorized officer may, by notice in writing addressed to-
(c) the occupier of the premises;
(d) the person apparently in charge of the premises;
(e) the person apparently in charge of any activity on the premises that appears to be giving rise to the air pollution,
require the person to whom the notice is addressed to take.such action as the authorized officer thinks necessary and specifies in the notice for stopping, controlling or preventing the air pollution, or mitigating the effects of the air pollution, at or within such time, and in such manner, as is specified in the notice.
(2) A person to whom a notice under subsection (1) is addressed shall not fail to
comply with the notice. Penalty: Division 4 fine. Default Penalty: Division 5 fine.
(4) An authorized officer may, by further notice in writing, vary or revoke any notice given under this section.
(b) it is causing, or is likely to cause, undue damage or injury to property, plantsor animals;
(c) it has, or is likely to have, a serious adverse impact on the environment,
the Minister may, by notice published in the
throughout the State-
(d) prohibit, unconditionally or conditionaliy, the sale, supply or use of such fuel, fuel-burning equipment or other plant or equipment as may be specified in the notice, or any fuel, fuel-burning equipment or other plant or equipment of a class specified in the notice;
PART fV
19 |
(e) prohibit, unconditionally or conditionally, the sale, supply or use of all fuel, fuel-burning equipment or other plant or equipment, except such fuel, fuel-burning equipment or other plant or equipment as may be specified in the notice, or of a class specified in the notice.(2) A notice under subsection (1) shall have effect-
(a) within the area specified in the notice;and
(bi for the period of time specified in the notice.(3) A person shall not contravene a notice under this section.
(4) The Minister may, by further notice in the
Gazette, vary or revoke any notice given under this section.
Director-General may prohibit burning in certain weather conditions
39. (1) Where the Director-General is of the opinion that meteorological conditions are such that the burning of fires in the open or in incinerators while those conditions subsist may be injurious to public health or may have a serious adverse impact on the environment, he may, by order, prohibit, unconditionally or conditionally, the burning of fires in the open or in incinerators, or in incinerators of a specified class, during such period, or periods, of time and within such area, or areas, of the State as may be specified in the order.(2) An order under subsection (1) must be-
(a) published in a daily newspaper circulating throughout the State;
( b ) broadcast by radio throughout the area, or areas, of the State to which theorder relates.
(3) A person shall not contravene an order under this section
Penalty: Five hundred dollars.
Minister may cause work to be done where any notice or order is not complied with 40. (I) Where under any provision of this Part a person is, by notice or order,
required or directed to do any specified thing, or prohibited from doing any specified
thing, and that person fails to comply with the notice or order, the Minister may cause | the notice or order to be complied with and, for that purpose, any person authorized by |
the Minister in that behalf and using only such force as is reasonably necessary, may enter, or break into, and take possession of such premises or parts of premises and do, or cause to be done, such things as full and proper compliance with the notice or order may require. | |
(2) An authorized person shall not exercise his power to break into premises except upon the authority of a warrant issued by a justice, unless the authorized person believes, on reasonable grounds, that the circumstances require immediate action to be taken. | |
(3) A justice shall not issue a warrant under subsection (2) unless he is satisfied, upon information given on oath, that the warrant is reasonably required in all the circumstances. | |
(4) The Minister may recover the amount of the costs and expenses reasonably incurred by him in exercising his powers under subsection (1) from the person who failed to comply with the notice or order, as a debt in a court of competent jurisdiction. |
PART V
20
Clean Air Act, 1984
PART V
APPEALS
(2) The Tribunal shall consist of three members, of whom- | '\ |
(a) one (the Chairman) shall be a person holding judicial office under theLocal and District Criminal Courts Act, 1926, nominated by the Senior Judge;(b) one shall be a person appointed by the Governor upon the nomination of the
Minister of Health;
and
( |
(2) Where a member of the Tribunal (other than the Chairman) is for any reason absent or unable to act in his capacity as a member of the Tribunal, his deputy may act as a member of the Tribunal.
(2) Upon the expiration of his term of office, a member of the Tribunal referred to in subsection (1) shall be eligible for re-appointment.
44. (1) The Chairman ceases to hold office as Chairman if-
(a) he ceases to hold judicial office under theLocal and District Criminal Courts
(b) his nomination is revoked by the Senior Judge.
(2) The Governor may remove a member of the Tribunal (other than the Chairman) from office on the ground of-
(a) mental or physical incapacity to carry out satisfactorily the duties of his office;
(b) | dishonourable conduct; |
or |
(c) neglect of duty.
(3) The office of a member of the Tribunal (other than the Chairman) shall become
vacant if-
(a) he dies;
2 1 |
(b) his term of office expires;
(c) he resigns by giving notice in writing to the Minister;
id) he is removed from office by the Governor pursuant to subsection (2).(4) Upon the office of a member of the Tribunal becoming vacant, a person shall be appointed to that office in accordance with this Act.
Allowances and expenses
45. A member of the Tribunal (other than the Chairman) is entitled to receive such allowances and expenses as the Governor may from time to time determine.
Conduct of business
46. (1) The Chairman shall preside at any meeting of the Tribunal.(2) The Tribunal shall sit at such times and at such places as the Chairman may
direct.
(3) Subject to this Act, the business of the Tribunal shall be conducted in a manner determined by the Tribunal.
Grounds for, and manner of, appeal
47. ( 1 ) Where a person is dissatisfied with-
ia) any decision made by the Minister under this Act (other than under section1S(a) or lb)) in relation to that person;(b) the terms of any notice given by the Minister or an authorized officer, being a notice given to, or that has effect in relation to, that person,
he may appeal against that decision or notice to the Tribunal.
(2) An appeal under this section must be instituted in the prescribed manner.
(3) Subject to subsection (4), where an appeal under this section has been instituted,
the decision or notice appealed against shall be suspended until the appeal has been
determined or withdrawn. |
(4) Where an appeal under this section has been instituted against a notice given under section 35 or 38, the notice shall continue to have effect in relation to the appellant unless, upon application made to the Tribunal, the Tribunal orders that the operation of the notice in relation to the appellant be suspended until the appeal is determined or withdrawn.
(5) An appeal under this section shall be conducted as a full review of the decision
or notice the subject of the appeal.
48. Before the Tribunal proceeds to hear an appeal, it shall-
(a) give the appellant reasonable notice, in writing, of the time and place at which it will hear the appeal;and
22
Clean Air Act, 1984 (6) give the respondent a copy of the notice of appeal, and reasonable notice, in writing, of the time and place at which it will hear the appeal.
49. (1) For the purposes of any appeal, the Tribunal may-
(a) by summons signed on behalf of the Tribunal by a member of the Tribunal, require the attendance before the Tribunal of any person;
(6) by summons signed on behalf of the Tribunal by a member of the Tribunal, require the production of any books, papers or documents;
(c) inspect any books, papers or documents produced before it, retain them for such reasonable period as it thinks fit, and make copies of any of them;
(d) require any person appearing before the Tribunal to make an oath or affirmation that he will truly answer all relevant questions put to him by the Tribunal or any person appearing before the Tribunal;
and
(e) require any person appearing before the Tribunal (whether he has been summoned to appear or not) to answer any relevant questions put to him by any member of the Tribunal or any person appearing before the Tribunal.
(2) If a person-
(a) fails without reasonable excuse to comply with the requirements of a summons served upon him under subsection (l)(a) or (6);
(6) refuses or fails to comply with a requirement of the Tribunal under
subsection (1);
or
(c) misbehaves before the Tribunal, wllfully insults the Tribunal or a member of
the Tribunal, or interrupts the proceedings of the Tribunal,
he shall be guilty of an offence and liable to a division 7 fine.
(3) For the purposes of dealing with an appeal the Tribunal may-
(a) hear the appeal in such manner as the Tribunal considers appropriate; |
(b) | proceed to hear and determine the appeal in the absence of any party; |
(c) extend the period prescribed under this Act within which the appeal must be made notwithstanding that the period has expired;
(d) adjourn the hearing to any time or place, or to a time or place to be fixed;
(e) allow the amendment of the notice of appeal;
(f)
receive in evidence any transcript of evidence in proceedings before a court and draw any conclusions of fact therefrom that it considers proper;
(g) adopt any findings, decision or judgment of a court that it considers relevantto the proceedings;
and
(h) generally give all such directions and do all such things as it deems necessary or expedient in the proceedings.
(4) In any proceedings before the Tribunal the Tribunal shall not be bound by the rules of evidence but may inform itself upon any matter relating to the proceedings in such manner as it thinks fit.
(5) A party to an appeal may appear personally, or may be represented by a legal practitioner or any other agent.
Determination of an appeal 50. Upon hearing an appeal, the Tribunal may-
(a) revoke the decision or notice appealed against or, where appropriate, dis- charge the operation of the notice in relation to the appellant;
(b) where it has revoked a decision or notice, substitute any decision or notice that could have been made or given in the first instance;
(c) dismiss the appeal;
id) refer the matter back to the Minister for re-consideration;
ie) make such other orders as to costs or any other ancillary matter as theTribunal thinks fit.
Decision of Tribunal is final 51. No appeal shall lie against a decision of the Tribunal on an appeal under this
Part.
PART VI
24
Clean Air Act, 1984
PART VI
MISCELLANEOUS
Appointment of authorized officers
52. (1) The Minister may appoint such number of persons to be authorized officers as he thinks necessary or desirable for the proper administration of this Act.
(2) A council may appoint such number of persons to be authorized officers as the council thinks necessary or desirable for the proper carrying out of its functions under this Act.
(3) An authorized officer shall be furnished with a certificate in the prescribed form evidencing his appointment under this section.
(4) An authorized officer shall, upon the request of any person in relation to whom
he has exercised, or intends to exercise, any of his powers under this Act, produce for the
inspection of that person the certificate of appointment furnished him under this section.
53. (1) An authorized officer may, for the purposes of ascertaining whether the provisions of this Act are being complied with-(a) enter any premises in or on which a holder of a licence carries out a prescribed activity, or the holder of an exemption under Part IIIA is carrying out any activity to which the exemption relates, at any time the premises are being so used;
(b ) enter, or break into, at any time, any premises (including premises referred to
in paragraph (a)) in which he suspects on reasonable grounds that an
offence against this Act has been or is being committed,
and, while in or on those premises-
(c) examine any control equipment, fuel-burning equipment, or other plant or equipment, or any goods or materials;
(d) require any person to produce any plans, specifications, books, papers or
documents; |
je) examine any plans, specifications, books, papers or documents and take
extracts from, or make copies of, such of them as he has reasonable cause to
believe would afford evidence of an offence against this Act;
if) take and remove from the premises samples of any substance;
(g) carry out any tests;
(h) take any photographs;
(i) require the holder of a licence, approval or exemption under this Act to produce that licence or approval for his inspection;(jj
require any person to answer any question that may be relevant to the investigation.
PART VI
25 |
(2) An authorized officer shall not exercise his power to break into premises pursuant to subsection (l)(b) except upon the authority of a warrant issued by a justice, unless the authorized off'icer believes, on reasonable grounds, that the circumstances require immediate action to be taken.
(3) A justice shall not issue a warrant under subsection (2) unless he is satisfied, upon information given on oath-
(a) that there are reasonable grounds for suspecting that an offence against this Act has been, is being, or is about to be, committed;
and
(b) | that the warrant is reasonably required in all the circumstances. |
(4) In the exercise of his powers under this Act, an authorized officer may be accompanied by such persons as he considers necessary or desirable i n the cir- cumstances.
(5) A person shall not hinder or obstruct an authorized officer, or a person
accompanying an authorized officer, in the exercise by the authorized officer, or
accompanying person, of the powers conferred by this Act.
Penalty: Division 8 fine.
(6) Subject to subsection (7), a person shall not refuse or fail to answer, to the best
of his knowledge, information or belief, any question pur to him pursuant to this section.
Penalty: Division 8 fine.
(7) A person is not required to answer a question put to him if the answer would tend to incriminate him.
(8) A person shall not refuse or fail to comply with a requirement made of him
pursuant to this section. Penalty: Division 8 fine.
Injunctions 53a. (1) Where a person has engaged, is engaging or is proposing to engage in any conduct that constitutes or would constitute a contravention of this Act, the Supreme Court may, on the application of the Minister, grant an injunction restraining the person from engaging in the conduct and, if in the court's opinion it is desirable to do so,
requiring the person to do any act or thing. |
(2) Where-
(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing;
and
(b) the refusal or failure is, or would be, a contravention of this Act,
the Supreme Court may, on the application of the Minister, grant an injunction requiring
the person to do that act or thing.
(3) Where an application is made to the Supreme Court for an injunction under subsection (I), the court may, if in the court's opinion it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind referred to in that subsection pending the determination of the application.(4) The court may discharge or vary an injunction granted under this section.
PART VI
26
Clean Air Act, 1984
(5) The power of the Supreme Court to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised-
(a) if the court is satisfied that the person has engaged in conduct of that
kind-whether | or not it appears to the court that the person intends to |
engage again, or to continue to engage, in conduct of that kind; | / |
( b ) if it appears to the court that, if an injunction were not to be granted, it is likely that the person would engage in conduct of that kind-whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to other persons if the person engages in conduct of that kind.
(6) The power of the Supreme Court to grant an injunction requiring a person to do a particular act or thing may be exercised- | ( |
(a) if the court is satisfied that the person has refused or failed to do that act or
thing-whether or not it appears to the court that the person intends to
refuse or fail again, or to continue to refuse or fail, to do that act or thing;
( b ) if it appears to the court that, if an injunction were not to be granted, it is
likely that the person would refuse or fail to do that act or thing-whether
or not the person has previously refused or failed to do that act or thing and
whether or not there is an imminent danger of substantial damage to other
persons if the person refuses or fails to do that act or thing.
(7) Where the Minister makes an application to the Supreme Court for the grant of an injunction under this section, the court cannot require the Minister or any other person, as a condition of the granting of an interim injunction, to give any undertaking as to damages.
(8) The powers conferred on the Supreme Court under this section are in addition to, and not in derogation of, any other powers of the court.
54. A council is responsible for the enforcement within its area of-
and | i |
thinks fit. | / |
(2) The Director-General may, with the approval of the Minister, delegate to any officer of the Department any of the powers, functions, duties and responsibilities vested in, imposed upon or delegated to, the Director-General under this Act. | |
(3) The Minister may, by instrument in writing, delegate to a council such of his powers, functions, duties and responsibilities under this Act as may be necessary for the purpose of the performance by the council of its functions under this Act. |
27 |
(4) A delegation under this section may be subject to such conditions or limitations as the Minister or the Director-General, as the case requires, thinks fit and specifies in the instrument of delegation.
( 5 ) A delegation under this section is revocable at will, and does not prevent the exercise or performance of any power, function, duty or responsibility by the Minister or the Director-General under this Act.
Immunity from liability 56. (1) No personal liability shall attach to-
(a) an authorized officer;
(b) a person accompanying and assisting an authorized officer pursuant to thisAct;
(c) a person authorized by the Minister to do anything on behalf of the Minister,
for an act or omission on his part, in good faith, in the exercise, or purported exercise, or the discharge, or purported discharge, of any power, function,.duty or responsibility conferred or imposed upon him under this Act.
(2) A liability that would, but for subsection (I), lie against a person shall lie against
the Crown.
Manner of giving notices
57. Any notice required or authorized by this Act to be given to the occupier of premises shall be deemed to have been duly given-
(a) when the notice is served personally upon the occupier of the premises, or the person apparently in charge of the premises;or
(b) where the notice is posted in an envelope addressed to the occupier of the premises at his last known place of business or residence, when it would be delivered in the ordinary course of post.
Duty not to divulge information relating to trade processes
Penalty: Division 7 fine. |
Penalties and default penalties
59. (1) Any person who contravenes or fails to comply with a provision of this Act is guilty of an offence.
(2) A person who is guilty of an offence against this Act for which no penalty is specifically provided shall be liable-
(a) in the case of an offence committed by a company-to | a penalty of a division 4 |
fine and a default penalty of a division 7 fine;
or
28
Clean Air Act. 1984
a penalty of a division 5 fine and a default penalty of a |
division 8 fine.
(3) Where in, or at the foot of, any section or part of a section of this Act there appears the expression "Default Penalty", it signifies that any person who is convicted of an offence against this Act in relation to that section or part shall be guilty of a further offence against this Act if the offence continues after he is so convicted and liable to an additional penalty for each day during which the offence so continues of not more than the amount expressed in the section or part as the amount of the default penalty.
(4) Where an offence is committed by a person by reason of his failure to comply with a provision of this Act by or under which he is required or directed to do anything within a particular period, that offence, for the purposes of subsection (I), shall be deemed to continue so long as the thing so required or directed to he done by him remains undone, notwithstanding that the period has elapsed.
(5) Where a person is found guilty of an offence against this Act, the court may, in addition to any penalty it may impose, order the person to carry out such work as the court thinks necessary or desirable for the purpose of making good any damage to property that may have occurred as a result of the offence.
61. (1) Proceedings for an offence against this Act shall be disposed of summarily.
(2) Proceedings for an offence against this Act shall not be commenced except upon the complaint of-
(a) an authorized officer;
or
(b) a member of the police force.
(3) Where any proceedings for an offence against this Act are brought upon the complaint of an authorized officer who is in the employment of a council, the amount
general funds of that council. | paid by the defendant in those proceedings by way of any fine shall be paid into the |
(a) a person was the occupier of specified premises;
(b) a person was, or was not, the holder of a licence, an exemption under Part IIIA or an approval to do any specified thing;(c) a licence, exemption or approval was subject to specified conditions;
or
(d) a person was an authorized officer,
shall, in the absence of proof to the contrary, be proof of the matter so alleged.
PART V I
29 |
(2) In any proceedings for an offence against this Act, a certificate signed, or purporting to be signed, by an authorized officer certifying-
(a) that he carried out a specified test in the prescribed manner on the day on which the offence is alleged to have been committed, or within the prescribed period of time from that day;
and
(b ) that, on the basis of that test, air pollution of a specified kind, class or
concentration, or at a specified rate, was occurring at the time of the test,
shall, in the absence of proof to the contrary, be proof of the matters so certified.
(3) In any proceedings for an offence under section 33, a certificate signed, or purporting to be signed, by the Director-General certifying that a complaint was made to the Department alleging that an odour was detected at a specified place by the person making the complaint and that the odour was offensive or caused discomfort, shall be conclusive proof of the matter so certified.
Moneys for this Act to be paid out of moneys appropriated by Parliament
63. The moneys requixed for the purposes of this Act shall be paid out of moneys appropriated by Parliament for those purposes.
Regulations
64. (1) The Governor may make such regulations as are contemplated by, or are necessary or expedient for the purposes of, this Act.(2) Without limiting the generality of subsection (I), those regulations may-
(a) prescribe the form of notices authorized to be given under this Act;
(b) prescribe the method for computing the fees payable under this Act, and provide for the remission of fees in specified circumstances;
(c) prescribe standards in relation to the concentration of air pollution, the rate of air pollution and the times during which air pollution may occur;
(d) prescribe the manner in which tests for ascertaining air pollution, or the concentration or rate of air pollution, are to be carried out;
(f) require occupiers to carry out tests and maintain records in relation to air
pollution from the premises or the consumption of fuel in or on the
premises;
(g) prohibit or regulate the types of control equipment or fuel-burning equipment that may be used on industrial, commercial or domestic premises, and prescribe the manner in which any such type of equipment must be installed, operated or maintained;
(h) prescribe the composition of fuels to be used in motor vehicles and prohibit the sale for use in motor vehicles of fuels of a composition other than that so prescribed;
ii) exempt, conditionally or unconditionally, any persons from any provision ofthis Act;
(i)provide for the expiation of offences against this Act upon payment of the prescribed fee;
3 \%
I |
30
Clean Air Act, 1984 (k) prescribe penalties-
(i) in the case of breach of, or non-compliance with, any regulations made under paragraph | /' |
(ii) in the case of breach of, or non-compliance with, any regulations | i |
made under paragraph (hi-not | exceeding the penalties prescribed |
by section 59(2); |
and
(iii) in the case of breach of, or non-compliance with, any other
regulations-a | division 9 fine. |
(3) Any regulations made under this Act may be of general or limited application
according to- | ( |
(a) the area;
(b) the time;
(c) the classes of persons, premises, activities, industries, processes, equipment, fuel or air pollution;
or
(d) the circumstances,
to which those regulations are expressed to apply.
APPENDIX 1 Legislative History
Long title: | amended by 27. 1989. s. 3 Part |
Section 37(2): | amended by 27. 1989. Sched. |
Section 49(2): | amended by 27. 1989. Sched. |
Section 53(L): | amended by 27. 1989. s. 5 |
Section 53(5). | amended by 27. 1989. Sched. |
Section 53% | inserted by 27. 1989, s. |
Section 55(2): | substituted by 18. 1986, s. |
Section 58: | amended by 27. 1989. Sched. |
Section 5912): | amended bv 27. 1989. Sched. |
Section 62(1): | amended b$27. 1989. s. 7 |
Section 64(2): | amended by 27. 1989. Sched. |
32 Clean Air Act. 1984
APPENDIX 2 Divisional Penalties
At the date of publication of this reprint divisional penalties are, as provided by section 28a of the Acrs Interprerarion
Division | Maximum imprisonment | Maximum fine |
IS years 10 years
7 years
4 years 2 years lyea r
6 months
- |
Vote: This appendix
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0
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