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Control of pollution of the atmosphere.
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10.—(1) The Minister, for the purpose of securing the cleanliness of the atmosphere or the prevention of danger to health or injury to amenity from atmospheric pollutants, may make regulations for controlling pollution of the atmosphere.
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(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, provide for all or any of the following matters:
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(a) controlling sources of pollution of the atmosphere, including the emission of smoke, dust, grit or gas;
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(b) regulating the establishment and operation of—
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(i) trades,
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(ii) chemical and other works, and
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(iii) processes (including the disposal of waste), which are potential sources of atmospheric pollution from smoke, dust, grit or noxious or offensive gases;
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(c) specifying maximum concentrations of specified pollutants in the atmosphere;
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(d) measurement of emissions of pollutants into the atmosphere;
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(e) investigation of, and obtaining information on, emissions of pollutants into the atmosphere;
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(f) testing, measuring and investigation of atmospheric pollution;
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(g) regulating potential sources of pollution of the atmosphere from radioactive materials;
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(h) specifying particular controls of atmospheric pollution for particular areas;
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(i) licensing of persons engaged in specified works or processes, being works or processes discharging pollutants into the atmosphere, and prohibiting the engagement in such works or processes of persons other than licensed persons;
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(j) licensing of premises from which pollutants are discharged into the atmosphere, and prohibiting discharge of pollutants into the atmosphere from premises other than licensed premises;
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(k) the cancellation or suspension of licences;
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(l) the imposition of charges for the purposes of the regulations or for services performed thereunder.
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(3) Regulations under this section for matters affecting industrial activities shall not be made by the Minister save after consultation with the Minister for Industry and Commerce and regulations for the matters referred to in paragraph (g) of subsection (2) of this section shall not be so made save after consultation with the Minister for Health.
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(4) Regulations under this section may provide for functions to be performed for the purposes of the regulations by Justices of the District Court, being functions relating to any of the following matters:
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(a) the annulment or confirmation of cancellations or suspensions by sanitary authorities of licences,
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(b) the direction of sanitary authorities to license persons or premises in specified circumstances.
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(5) (a) Each of the following persons shall be an authorised officer for the purposes of this section:
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(i) an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of this section,
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(ii) an officer of a sanitary authority appointed in writing by the manager therefor to be an authorised officer for the purposes of this section.
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(b) Subject to the next paragraph, an authorised officer (either alone or accompanied by such assistants as he thinks proper) may at all reasonable times enter and inspect any premises for the purpose of ascertaining—
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(i) whether there is or has been on or in connection with the premises any contravention of any provision of the regulations made under this section,
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(ii) the extent and nature of any such contravention, or
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(iii) whether circumstances exist on or in connection with the premises which would require any action to be taken under such regulations.
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(c) An authorised officer shall not enter any premises under this section unless he produces for inspection by the person in occupation or in charge of the premises, if such person requests him so to do, his appointment in writing as an authorised officer.
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(d) A person who wilfully obstructs or interferes with the exercise by an authorised officer of a power conferred by this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
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(e) In this subsection—
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“the manager” means—
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(i) in case the sanitary authority is the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the borough,
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(ii) in any other case, the manager for the purposes of the County Management Acts, 1940 to 1955;
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“premises” includes ship or vessel.
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(6) A person who contravenes or wilfully obstructs the execution of a regulation under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds and, if the contravention or obstruction is continued after conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding five pounds for each day on which the contravention or obstruction is so continued.
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(7) An offence under this section may be prosecuted by the Minister or by the sanitary authority in whose sanitary district the offence was committed.
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(8) In any prosecution for an offence under this section, it shall not be necessary to negative by evidence any licence under regulations under this section, and the onus of proving any such licence shall lie on the person seeking to avail himself thereof.
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(9) For the purposes of this section and the regulations made thereunder, a ship or vessel lying in any river, harbour, or other water not within the district of a sanitary authority shall be deemed to be within the district of the sanitary authority whose district nearest adjoins the place where the ship or vessel is lying.
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