(h) request the Board to carry out investigations of actual or suspected air pollution
including pollution produced by aircraft and other self-propelled vehicles and by
factories and power-generating stations;
(i) request the Board to order any industrial or other source of air pollution to file such
returns and provide such information as it may require; and
(j) do all such things as appear necessary for the monitoring and controlling of air
pollution.
(2) Any person who emits any substances which cause air pollution (that is, by the
emission of substances in excess of a prescribed amount for a particular source) in contravention
of emission standards established under this Part shall be guilty of an offence and liable to a fine
not exceeding level fourteen or fifteen million dollars, whichever is the greater, or to
imprisonment for a period not exceeding five years10 or to both such fine and such
imprisonment.
(3) A person found guilty under subsection (2) shall, in addition to any sentence or fine
imposed on him—
(a) pay the cost of the removal of the pollution, including any cost which may be incurred
by any Government agency in the restoration of the environment damaged or
destroyed as a result of the emission, and
(b) render to third parties affected by the offence such reparation, restoration, restitution or
compensation as may be determined by court upon application by such third parties.
64 Licensing emissions
No owner or operator of a trade or any establishment shall emit a substance or energy which
causes or is likely to cause air pollution without an emission licence issued by the Board.
65 Application for emission licence
(1) An application for an emission licence shall be made to the Board in the prescribed
form and be accompanied by the prescribed fee.
(2) Before issuing a licence in respect of emissions, the Board shall—
(a) consider the possible effects of the emissions on the quality of ambient air;
(b) consider existing licences affecting the same air resource;
(c) give due regard to the requirements of residents, human settlements and other
industrial and commercial activities.
(3) An emission licence issued under this Act shall be subject to such conditions as may be
prescribed or as may be specified in the licence and shall remain valid for such period and may
be renewed for such further period as may be prescribed or specified in the licence.
(4) Where the Board rejects an application for the grant of an emission licence, it shall
within twenty-one days of its decision, notify the applicant in writing of its reasons for such
refusal.
66 Cancellation of emission licence
The Board may, in writing, cancel any emission licence⎯
(a) if the holder of the licence contravenes any provision of this Act or regulations made
thereunder;
10
Penalty amended by s. 28 of General Laws Amendment Act, 2005 (No. 6 of 2005).
33
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