Environment Protection and Pollution Control (Amendment) Act, 1999
This section gives the Act its short title and says it is to be read together with the principal Act.
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- Act 12 of 1999
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About this statute
This section gives the Act its short title and says it is to be read together with the principal Act. This section amends section 2 by replacing the definition of “conservation” and adding new definitions for “Director of Public Prosecutions,” “inspector,” and “permit.” The Council’s members are appointed by the Minister, and the members must choose a Vice-Chairman from among themselves. This amendment says a member holds office for three years, may be re-appointed, and cannot serve more than two terms. This section amends the principal Act by replacing the word “protection” with “management” wherever it appears.
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Provisions of Environment Protection and Pollution Control (Amendment) Act, 1999
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This Act may be cited as the Environmental Protection and Short title
This section gives the Act its short title and says it is to be read together with the principal Act.
1. This Act may be cited as the Environmental Protection and Short title Pollution Control (Amendment) Act, 1999, and shall be read as one with the Environmental Protection and Pollution Control 1 _cJ, in Cap. 204 this Act referred to as the principal Act - 2 Verify source ↗
Section two of the principal Act is amended
This section amends section 2 by replacing the definition of “conservation” and adding new definitions for “Director of Public Prosecutions,” “inspector,” and “permit.”
2. Section two of the principal Act is amended- Amendment of section 2 ( a) by the deletion of the definition of" conservation " and the substitution therefor of the following: " conservation " means the sus\ainable management and use of natural resources and the environment so that they continue to provide the required benefits to man and other living things; (b} by the insertion in the appropriate places of the following new definitions: " Director of Public Prosecutions " means the person appointed Director of Public Prosecutions under Cap. 1 article fifty-six of the Constitution; " inspector " means the person appointed inspector under section eighty-three; and Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka. Price K3,500 each Environmental Protection and 330 No. 12 of 1999] Pollution Control (Amendment) "permit" means a document authorising activities as specified under this Act. Amendment of section 4 - 3 Verify source ↗
Section four of the principal Act is amended
The Council’s members are appointed by the Minister, and the members must choose a Vice-Chairman from among themselves.
3. Section four of the principal Act is amended- ( a) by the deletion of subsection (I) and the substitution therefor of the following subsections: " (I) The Council shall consist of the following members appointed by the Minister: ( a) the Chairman; (b) a representative from the f.9llowing Minis- tries or organisations: (i) the ministry responsible for environ- ment and lilatural resources; (ii) the ministry responsible for mines and minerals development: (iii) the ministry responsible for local government and housing: (iv) the ministry responsible for labour and social security; (v) the ministry responsible for educa tion; ( vi) the ministry responsible for health: ( vii) the ministry responsible for en ergy and water development; (viii) the ministry responsible for food. agriculture and fisheries: (ix) the Zambia Wildlife Authority: (x) the Chamber of Mines: (xi) the Zambia Association of Cham bers of Commerce and Industry: (xii) a non-governmental organisation concerned with the conservation of nature designated by the Chair person of that organisatio_n: (xiii) the national Institute for Scien tific and Industrial Research; and (xiv) the Zambia B_ureau of Standards. Q 0 Environmental Protection and Pollwion Control (Amendment) [No. 12 of 1999 331 Amendment of section 5 (2) The members shall appoint a Vice-Chairman from amongst themselves.": and (b) by the re-numbering of subsection (2) as subsection (3). - 4 Verify source ↗
Section.five of the principal Act is amended
This amendment says a member holds office for three years, may be re-appointed, and cannot serve more than two terms.
4. Section.five of the principal Act is amended:- ( a) by the deletion of subsection (I) and the substitution therefor of the following subsection: " ( 1) A member shall hold office for a period of three years and shall be eligible for re-appointment but shall not hold office for more than two terms"; (b) by the deletion of the word" or " at the end of paragraph (f): ( c) by the insertion after paragraph (f) of the following new paragraph: (g) if he ceases to be a representative of the organisation or Ministry that a ppointed __ him: or" and ','--\ (d) by the re-numbering of paragraph (g) as paragraph (h). - 5 Verify source ↗
The principal Act is amended by the deletion of the word
This section amends the principal Act by replacing the word “protection” with “management” wherever it appears.
5. The principal Act is amended by the deletion of the word " protection " wherever it appears and substitutioniherefor of the word II management ,, . General amendment of Act - 6 Verify source ↗
Section six of the principal Act is amended
Section 6 of the principal Act is amended by changing several words and phrases.
6. Section six of the principal Act is amended ( a) in subsection (I)- Amendment of section 6 (i) by the deletion of the word " protect " and the substitution thereforof the word" conserve"; and (ii) by the insertion of the word" prevent" before the words " and control pollution " ; ( ) (b)_in subsection (2)- (i) by deletion in pa,agraph ( a) of the word " good " and the substitution therefor of the word " sus tainable ''; (ii) by the insertion in paragraph (b) of the words " preventing and " between the words " at " and " controlling "; (iii) by the deletion in paragraph (d) of the words " environmental conservation, protection and pollution control " and the substitution therefor of the words" environmental conservation, pre vention and control of pollution "; \ l Environmental Protection and 332 No. 12 of 1999] Pollution Comrol (Amendment) (iv) by the deletion in paragraph ( g) of the words " protection of the environment and control of pollution " and the substitution therefor of the words " manageinent of the environment, pre vention and control of pollution "; (v) by the deletion in paragraph (m) of the words" and the protection 1 1; (vi) by the deletion in paragraph (n) of the words " environmental and natural resources use and protection " and the substitution therefor of the words" sustainable management and use of the natural resources and the environment"; (vii) by the deletion in paragraph (q) of the word " protection 11; and (viii) by the deletion in paragraph (r) of the words " protection of the environment and the control of pollution" and the substitution therefor of the words " management of the environment, pre vention and control of pollution ". Amendment of sect.on 21 - 7 Verify source ↗
Section twenty-one of the principal Act is amended in
This provision amends section 21 of the principal Act by changing specified words in subsection (3).
7. Section twenty-one of the principal Act is amended in subsection (3)- (i) by the deletion of the words " Council and any Minister " and the substitution therefor of the words " Council and the Minister ": and (ii) by the deletion in p·aragraph (d) of the word" proper" and the substitution therefor of the word " sustainable ". Amendment of section 23 Amendment of section 36 Repeal and replacement or section 42 Permit or licencc10 emit pollutants - 8 Verify source ↗
Section twenty-three of the principal Act is amended in
This provision amends paragraph (c) of section 23 of the principal Act by replacing the word “preservation” with “conservation.”
8. Section twenty-three of the principal Act is amended in paragraph / c) by the deletion of the word " preservation " and the substitution therefor of the word " conservation ". - 9 Verify source ↗
Section thirty-six of the principal Act is amended in para
This section changes the wording in section 36, replacing "air ambient" with "ambient air".
9. Section thirty-six of the principal Act is amended in para graph ( a) by the deletion of the words " air ambient " and the substitution therefor of the words " ambient air ". - 10 Verify source ↗
The principal Act is amended by the deletion of section
An owner or operator of certain businesses must apply to the inspectorate for a permit or licence when the business emits, or is likely to emit, a pollutant likely to cause air pollution, or when the inspectorate asks for one.
10. The principal Act is amended by the deletion of section Jorry-two and the substitution therefor of the following section: " 42. An owner or operator of an undertaking, industry or business emitting or likely to emit a pollutant which is likely to cause air pollution or whom the inspectorate so requests. shall apply to the inspectorate for a permit or licence". L___ - --- Environmental Protection and Pollution Control (Amendment) [No. 12 of 1999 333 - 11 Verify source ↗
Section forty-six of the principal Act is amended by the
The principal Act is amended so that “permit” is added after “licence” in section forty-six.
11. Section forty-six of the principal Act is amended by the insertion after the word " licence " of the words " or permit ". - 12 Verify source ↗
Section forty-seven of the principal Act is amended
This section amends section 47 of the principal Act by replacing two definitions: “licence” and “waste management.”
12. Section forty-seven of the principal Act is amended- ( a) by the deletion of the definition of " licence " and the substitution therefor of the following'definition: Amendment of section 46 Amendment of section 47 " licence " means a licence issued under this Part to transport waste of operate a waste disposal site or plant, orto generate or store hazardous wastes; and (b) by the deletion of the definition of" management" and the substitution therefor of the of the following definition: " waste management " means the collection, transpor tation and disposal of waste. - 13 Verify source ↗
Section forty-nine of the principal Act is amended in
This amendment inserts the words “on waste management” after “services” in paragraph (k) of section 49 of the principal Act.
13. Section forty-nine of the principal Act is amended in paragraph ( k) by the insertion after the word" services" of the words " on waste management ". - 14 Verify source ↗
Section fifty of the principal Act is amended by the deletion
Section 50 is amended to replace subsection (3) with a rule that a person must not operate a waste disposal site or plant, or generate or store hazardous waste, without a permit or licence.
14. Section fifty of the principal Act is amended by the deletion of subsection (3) and the substitution therefor of the following subsection: "(3) A person shall not operate a waste disposal site or plant or generate or store hazardous waste without a permit or licence." Amendment of section 49 Amendment of section 50 - 15 Verify source ↗
Section fifty-one of the principal Act is amended by the
This section amends section 51 so that the inspectorate may grant, on application, a licence for hazardous waste activities and may impose conditions.
15. Section fifty-one of the principal Act is amended by the deletion of subsection (1) and the substitution therefor of the following subsection. Amendment of section 51 " ( 1) The inspectorate may, on application, grant a licence to generate or store hazardous waste or to transport or operate a waste disposal site or plant subject to such conditions as it may impose ." - 16 Verify source ↗
Sectionfifiy-two of the principal Act is amended
A licence application under subsection (1) may be granted only after consulting the relevant local authorities; if a local authority applies, approval from the town and country planning authority is also required.
16. Sectionfifiy-two of the principal Act is amended- ( a) in subsection (I) by the insertion of the words " or store " between the words " generate II and II hazardous "; and (b) by the deletion of subsection (2) and the substitution therefor of the following subse.ction: " (2) An application for a licence made under subsection ( 1) shall only be granted after consultation with the relevant local authorities: Provided that where a local authority makes the application, the application shall be granted with the approval of the town and country planning authority. " Amendment of section 52 u 0 334 No. 12 of 1999] Environmental Protection and Pollution Control (Amendment) Amendment of section 59 - 17 Verify source ↗
Section fifty-nine of the principal Act is amended in subsec
This provision amends section 59(1) by adding the word “export” after “import” and “exporting” after “importing.”
17. Section fifty-nine of the principal Act is amended in subsec tion (1)- (a) by the insertion after the word " import" of a comma and the word " export "; and ( b) by the insertion after the word " importing " of the word " exporting ". Amendment of section 64 - 18 Verify source ↗
Section sixty-four of the principal Act is amended
This section amends section 64 of the principal Act.
18. Section sixty-four of the principal Act is amended- Amendment of section 65 Amendment of section 74 Amendment of section 81 Amendment of section 84 ( a) in subsection (2) by the inse1tion after the words " deliver for importation to " of the words " export, deliver for exportation to, 1 1; and (b) in subsection (3) by the deletion of the full stop at the end of that subsection and the substitution therefor of the words " or to both ". - 19 Verify source ↗
Section sixty-five of the principal Act is amended by the
Section 65 is amended by deleting subsection (4).
19. Section sixty-five of the principal Act is amended by the deletion of subsection (4). - 20 Verify source ↗
Section seventy-four of the principal Act is amended in
This section amends subsection (1) of section 74 by replacing “seventy-five” with “ninety.”
20. Section seventy-four of the principal Act is amended in subsection (1) by the deletion of the words " seventy-five " and the substitution therefor of the word " ninety ". - 21 Verify source ↗
Section eighty-one of the principal Act is amended by the
Section 81 is amended so that the word “and control” is inserted after “prevention”.
21. Section eighty-one of the principal Act is amended by the insertion after the word" prevention " of the words" and control". - 22 Verify source ↗
Section eighty-four of the principal Act is amended by the
An inspector may seize or detain items linked to pollution, must give the affected person a prescribed notice, and must return the items within 10 days after certain no-prosecution or non-conviction information is received.
22. Section eighty-four of the principal Act is amended by the insertion immediately after subsection (4) of the following new subsections: "(5) An inspector may seize or detain any substance, material, matter. vehicle, aircraft or boat where- ( a J the inspector has reasonable grounds to believe that the substance, material, matter, vehicle, aircraft or boat is causing pollution contrary to this Act; or (b) the inspector has reasonable grounds to believe that the vehicle or boat is transporting or hoarding any matter or article causing or likely to cause pollu tion contrary to the requirements of this Act. (6) Where an inspector seizes or detains any substance, mate rial, matter, vehicle, aircraft or boat under subsection (5), the inspector shall give the person from whom the substance, material. matter, vehicle, aircraft or boat is seized, a notice in the prescribed form. L Environmental Protection and Pollution Control (Amendment) [No. 12 of 1999 335 (7) Where- (a) the Director of Public Prosections advises the Inspectorate in writing that no prosecution shall be instituted consequent upon any search or seizure under this Act; or (b) the person from whom any substance, material, matter, vehicle, aircraft or boat was seized is not convicted of an offence under this Act; the inspector shall return the substance, material, matter, vehicle, aircraft or boat to the owner or the person from whose custody the substance was taken within ten days from the date of receipt by the Inspectorate of such information." ,-,_ - 23 Verify source ↗
The principal Act is amended by the insertion immediately
Inspectors or police officers may arrest without warrant in specified cases, and arrested people must be brought before a court or otherwise handled within the stated time limits.
23. The principal Act is amended by the insertion immediately after section eighty-four of the following new sections: " 84A. (I) An inspector or police officer may, without warrant, arrest any person and keep that person in custody where- Insertion of new sections 84A and 84B Power of arrest ( a) the person is found committing an offence or is reasonably suspected of having committed an of fence under this Act; (b) upon being requested by the inspector or the police officer, the person wilfully fails or refuses to fu r nish that person's name, address o r other relevant information to the satisfaction of the inspector or police officer; and ( c) the inspector or police officer has reasonable grounds to believe that unless arrested, the person will- (i) escape or cause unreasonable delay, trouble or expense in being made answerable to justice; (ii) interfere with the witnesses; or (iii) tamper with or destroy relevant evidence or material. (2) Subject to subsections (3) and (4), any person arrested under subsection ( I ) shall be taken before a court of competent jurisdiction as soon as is practicable, and shall not be detained for longer than is reasonably necessary for the purpose. t_,j No. 12 of 1999] 336 Environmental Protection and Pollution Control (Amendment) (3) Where an inspector arrests a person under subsection (I), the inspector shall hand over the person to a police officer, or surrender that person to a police post or station within twenty-four hours. (4) Where any person is arrested under subsection (I) or surrendered to a police post or station under subsection (3), a police officer shall if it does not appear practicable to bring that person before a court within twenty-four hours after the person was so taken into custody, inquire into the case and unless the offence appears to the police officer to be of a serious nature release the person, on executing a bond, with or without sureties for a reasonable amount to appear before a competent court at a time and place to be named in the bond; but where any person is retained in custody by a police officer that person shall be brought before a court as soon as is practicable. - 84B Verify source ↗
An inspector or officer of the Council shall not be
An inspector or officer of the Council is not liable for acts or omissions done in good faith while carrying out duties and powers under this Act or another written law.
84B. An inspector or officer of the Council shall not be liable in respect of any act done or omitted to be done in good faith by the inspector or officer in the exercise of duties and powers under this Act or any other written law." - 24 Verify source ↗
Section eighty-five of the principal Act is amended in
This section amends section 85 to add an offence for assaulting an inspector while the inspector is lawfully exercising duties and powers under the Act.
24. Section eighty-five of the principal Act is amended in subsection ( 1 )- (a) by the deletion in paragraph ( a) of the word" or" at the end of that paragraph; ( b) by the insertion immediately after paragraph ( a) of the following paragraph: " (b) assaults an inspector in the lawful exercise of duties and powers under this Act; and; " or ( c) by the re-numbering of paragraph (b) as paragraph ( c). - 25 Verify source ↗
Section ninety-one of the principal Act is amemded
This provision amends section 91 of the principal Act by replacing “fifteen” with “sixty” in subsection (1) and replacing “seven thousand, five hundred” with “thirty thousand” in subsection (2).
25. Section ninety-one of the principal Act is amemded- ( a) in subsection ( 1 ) by the deletion of the word " fifteen " and the substitution therefor of the word " sixty "; and (b) in subsection (2) by the deletion of the word " seven thousand, five hundred" and the substitution therefor of the words " thirty thousand " . - 26 Verify source ↗
The principal Act is amended by the insertion immediately
The principal Act is amended by inserting new sections immediately after section 91.
26. The principal Act is amended by the insertion immediately after section ninety-one of the following new sections: - 91A Verify source ↗
(I) Subject to the other provisions of this section,
After a conviction, the court can forfeit property used in the offence to the State and order it sold by the Inspectorate.
91A. (I) Subject to the other provisions of this section, where any person is convicted of an offence under this Act, the court may, on application by an inspector or police officer, in Immunity of officers of Council Amendment of section 85 Amendment of section 91 Insertion of new sections 9 1 A. 9 1 B. 9 1 C, 91D and 9 1E " Forfeiture on convic� tion .... Environmental Protection and Pollution Control (Amendment) [No. 12 of 1999 337 addition to any other penalty imposed, declare any matter, article, vehicle, aircraft or boat used in the commission of the offence to be forfeited to the State without compensation and shall order the matter, article, aircraft, vehicle or boat to be disposed of by the Inspectorate by public auction. (2) The court may, where a police officer or an inspector makes an application under subsection ( I ) , make an order, hereinafter refferred to as a conditional order, tci the effect that unless any person other than the convicted person claims any right of ownership in the matter, article, vehicle, aircraft or boat within a period of three months from thedate ofthe order, the matter, article, vehicle , aircraft or boat shall be forfieted to the State. (3) An inspector shall, within a period of thirty days from the Jate of the order, cause a notice of the order to be published in the Gazette and in at least three issues of a newspaper of general circulation in the area where the offence wascommited. (4) The notice referred to in subsection (3) shall be in the prescribed form. (5) The Inspectorate shall, where the article, matter, vehicle, aircraft, or boat is registered in the name of any person other than the convicted person, within seven days after the publication of the notice in the Gazette, cause a copy to be sent by registered post to the person at the address indicated on the register. (6) A person who claims any right of ownership in the matter, article, vehicle, aircraft or boat may , within the period stipulated under subsection (2) , serve upon the Inspectorate and lodge with the clerk of the court an application, in writting, for the discharge of the conditional order setting out the claim of ownership in the matter, article, vehicle, aircraft, or boat. (7) The clerk of the court shall where an application is lodged under subsection (6)- ( a) fix a date for the hearing, not less than one month after the lodgement of the application; and (b) within seven days of the lodgement, cause notice of the hearing of the application to be served upon the Inspectorate. (8) In any proceedings brought under subsection (6), the onus of proof shall be on the applicant and no order discharg ing the conditional order shall be made unless the applicant has adduced evidence and proved to the satisfaction of the r 7 f Environmental Protection and 338 No. 12 of 1999] Pollution Control (Amendment) \ Cap. 399 Disposal of matter, article. vehicle, aircraft or boat court that the applicant was not in any manner privy to the offence and that the matter, article, vehicle, aircraft, or boat was at the time of the commission of the offence, used for such purpose without the applicant's knowledge or conscent, and without any negligent disregard on the part of the applicant of its use by the convicted person. (9) Where, upon any application made under subsection (6) the court is satisfied that the matter, aritcle, vehicle, aircraft or boat is owned by jointly by the claimant and the convicted person or is the subject matter of a hire purchase agreement between the claimant and the convicted person and the claim ant has discharged the onus of proofrequired under subsection (8), the court shall declare forfieted to the State all of the estate or interest of the convicted person in and to the article, matter. vehicle, aircraft or boat, or all the rights therein accrued to the claimant under the hire purchase agreement or under the Hire Purchase Act and order the estate, interest or rights or to be disposed of-as the court may consider fit. ( I 0) Except with the consent of the court, any right vested in any claimant under any hire purchase agreement, or under the Hire Purchase Act to repossess any matter, article, vehicle. aircraft or boat which is subject to a conditional order made under subsection(2), shall be suspended pending the determi nation of any application brought under subsection (6), and in the event of the court declaring the rights therein accrued to the convicted person to be forfeited to the State, the accrued right to repossess the matter, article, vehicle, aircraft or boat shall not be exercisable against the Government or the Council. - 91B Verify source ↗
(I) Where any matter, article, vehicle, aircraft or
The Inspectorate may seek forfeiture or immediate disposal of seized items connected to an offence, and owners can claim ownership within one month after notice is published.
91B. (I) Where any matter, article, vehicle, aircraft or boat is seized under this Act in relation toorin connection with the commission .of an offence under this Act and- ( a) the person suspected of having committed the offence is unknown; (b) the person suspected ofhaving committed the offence cannot be found for the purpose of servi.ce of the process of the court charging that person with the offence; or ( c) having been served with such process, the person suspected of having committed the offence fails to appear in answ�r to the charge; the Inspectorate may, one month after publication of a notice of its i,1tention so to do, in an issue of a newspaper of general circulation in the district in which the offence is alleged to have been committed, apply by way of an ex-parte original 0 0 Environmental Protection and Pollution Control (Amendment) [No. 12 of 1999 339 application, to the court for an order declaring the matter, article, vehicle, aircraft or boat, to be forfeited to the State without compensation and ordering it to be disposed ofas the court may consider lit. (2) Where any person claims any right of ownership in any vehicle, aircraft or boat to which a notice published under subsection ( I ) applies, that person may, within one month after the date of publication, lodge with the clerk of the court a claim of ownership and serve a copy of the notice upon the Inspectorate, and the provisions of section ninety-one A shall apply, with the necessary modification, to the claim of own ership. (3) Where any matter, article, vehicle, aircraft or boat is seized under this Act, ln relation to or in connection with the commission of any offence, the Inspectorate may apply to the court by way of ex-parte original appliction, for an order for the immediate disposal by sale or otherwise of the matter. article, vehicle. aircraft or boat and the court may order the sale. ( 4) Where the matter, article, vehicle, aircraft or boat is sold, the proceeds shall be held by the Inspectorate pending the determination of any proceedings brought in respect of the offence and shall be dealt with by the Inspectorate as the court may direct. (5) Where the person suspected of having committed the offence is unknown or cannot be found for the purpose of service of the process of the court, subsection ( I ) shall apply with the necessary modifications to the proceedings. - 91C Verify source ↗
( I ) The Director of Public Prosecutions may at the
The Director of Public Prosecutions may appoint an inspector to prosecute offences under the Act and may cancel that appointment at any time. The inspector must follow the Director’s instructions and has the powers of a public prosecutor for that prosecution.
91C. ( I ) The Director of Public Prosecutions may at the request of the Council in writing appoint by name or rank any inspector to undertake or assit in undertaking and prosecuting criminal proceedings in respect of any offence alleged to have been committed by any person in contravention of this Act, and may at any time, without assigning any reason cancel any such appointment. (2) In undertaking or prosecuting any proceedings under subsection ( I ), the inspector shall act in accordance with the general or special instruction of the Director of Public Pros ecutions and shall for the purpose of any such prosecution have the powers of a public prosecutor appointed under any law for the time being in force. Prosecution of offences \ C) L En vironmental Protection and 340 No. 12 of 1999] Pollution Control (Amendment) Power to make orders on process in premises, plant and machinery - 91D Verify source ↗
(I) An inspector shall, by way of an ex-perte appl i
An inspector must apply to court ex parte for an order about premises where an offence is suspected, after giving the owner or occupier seven days’ notice.
91D. (I) An inspector shall, by way of an ex-perte appl i cation, apply to a court for an order in respect of any premises on which an offence is suspected of being committed under this Act- (a) to prohibit the carrying on of a aprocess or operation causing pollution or is likely to cause significant damage to human, plant, animal health or the environment; (b) to prohibit the use of machinery, plant, equipment or appliance whose use is causing or is likely to cause significant damage to human, plant or animal health or the environment; after having given the owner or occupier seven days notice of intention to make the application to a court. (2) The notice of intention to make the application to a court under subsection (I) shall be in the prescribed form. (3) Where in the case of premises on which an offence is suspected of being committed under this Act, the court is satisfied on an application made by an Inspectorunder subsec tion ( 1 )- . •., (a) that seven days notice of the intention to make an application under this section stating the time at which it had been made, has been served on the occupier of the premises; ( b) that the carrying on or use of the operation or process on any part of the premises is causing pollution likely to cause significant damage to human, plant or animal health or the environment; or ( c) that any machinery, plant, equipment or appliance is being used so as to cause significant damage to human, plant or animal health or the environment: the court may make an interim order prohibiting either absolutely or subject to conditions the use of the plant, machinery, equipment or appliance or the carrrying on or use of the operation or process until the earliest opportunity for hearing and deter mining the application. (4) Where afterthe hearing of the application by an inspec tor under subsection ( I ) the court is satisfied on evidence C 1 (.) Environmental Protection and Pollution Control (Amendment) [No. 12 of 1999 341 submitted by an inspector and after affording the owner or occupier an opportunity to be heard, the court may- (a) prohibit the use of the machinery, plant, equipment or appliance in question unless satisfied that it can be repaired, altered or moved so as to permit the use thereof without the polluting effect, in which case the court may prohibit its use until it has been so repaired, altered or moved; (bJ prohibt the carrrying on or use of the operation or process in question unless satisfied that there shall be taken such steps as will enable it to be carried on or used otherwise than in the mannerr causing pollution or causing significant damage to human, plant or animal health orthe environment, in which case the court may prohibit the use of the machin ery, plant equipment or appliance or the carrying on or use of the operation or process until such steps are taken in the course of the carrying on or the use of it; or ( c) make such other order as the court may consider appropriate. - 91E Verify source ↗
(I) An inspector may, where satisfied that any person
An inspector may demand a fine in limited cases, must tell the person they can admit or dispute liability, and must give a receipt if payment is received.
91E. (I) An inspector may, where satisfied that any person has committed an offence for which the penalty does not exceed one thousand penalty units or where a person has admitted the commission of an offence under this Act for which the penalty does not exceed one thousand penalty units, summarily demand from the person the payment of a fine not exceeding eight hundred penalty units in respect of such offence. (2) An inspector shall, where the inspector demands a payment under section ( I ), inform the person against whom the demand is made of the right to admit or dispute the liability. (3) Any person from whom payment of a fine has been demanded under subsection (I) may elect to admit liability and pay the fine, or dispute liability. ( 4) The payment of a fine shall operate as a bar to any further criminal proceedings against the person making the payment in respect of the offence concerned. (5) An inspector receiving payment of a fine shall give a receipt to the person making the payment in such form as may be prescribed. Summary imposition of penalties Environmental Protection and 342 No. 12 of 1999] Pollution Control (Amendment) ( 6) An inspector who receives a payment under this section and- (a) fails to issue a receipt to the person making the payment as required under subsection (5); (b) fails to account for any payment made under this section; or ( c) in any manner misuses or puts to personal use any payment made under this section; commits an offence and is Ilable., on conviction, to a fine not exceeding five thousand penalty unit§ or to imprisonment for a period not exceeding one year, or to both. \ Amendment of section 93 Amendment of section 96 - 27 Verify source ↗
Section ninety-three of the principal Act is amended by the
The amendment adds a requirement to publish the relevant words both in the Gazette and in at least three newspaper issues in general circulation in the Republic.
27. Section ninety-three of the principal Act is amended by the insertion after the words " in the Gazette " of the words " and in at least three issues of a newspaper in general circulation in the Republic " . - 28 Verify source ↗
Section ninety-six of the principal Act i s amended by the
This provision changes section ninety-six of the principal Act by inserting the words “prevention and” before “control.”
28. Section ninety-six of the principal Act i s amended by the insertion immediately before the word " control " of the words " prevention and ". i ! I ' I I I I · I
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Environment Protection and Pollution Control (Amendment) Act, 1999
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