PART V
AIR

35.    In this Part, unless the context otherwise requires-

Interpretation

"air pollution" means a condition of the ambient air arising wholly or partly from the presence of one or more pollutants in the air that endangers the health, safety or welfare of persons or that interferes with the normal enjoyment of life or property or that endangers animal life or that causes damage to plant life or property;

"ambient air" means the atmosphere surrounding the earth, but does not include the atmosphere within a structure or within any underground space;

"air quality" means the concentration, prescribed under this Part, of a pollutant in the atmosphere at the point of measurement;

"emission standard" means the amount, specified under this Part, of pollutant emitted from a specific source

"licence" means a licence to emit pollutants into the ambient air;

"operator" in relation to works, industry undertaking or business, means the person having the control of the works, undertaking or business;

"pollutant" means any substance or energy which if it enters or is discharged into the ambient air is likely to render the air offensive or harmful to human, animal or plant life;

"stationary source" means any source of emission of one or more pollutants other than a motor vehicle, ship, train, aircraft or other similar vehicle or conveyance.

36.    The Council shall-

(a)        establish ambient air quality and emission standards and guidelines;

(b)        on the advice of the Advisory Committee, specify the analytical methods for monitoring air contaminants and establish laboratories for analytical services needed by the Inspectorate;

(c)        identify areas of research and initiate or sponsor research on the effects of air pollutants on human beings, the environment, flora and fauna;

(d)        order or carry out investigations of actual or suspected air pollution including the collection of data;

(e)        initiate and encourage international co-operation in matters of air pollution, especially with neighbouring countries;

(f)         order any industry or other source of air pollution to file such returns and provide such information as the Council may require;

(g)        enforce rulings made under this Part; and

(h)        do all such things as appear necessary for the monitoring and control of air pollution.

Responsibilities of Council

37.  (1)  The Council may, with the approval of the Minister, declare by statutory instrument any area to be a controlled area for the purposes of this Part.

Controlled areas

(2)  The Council may, with the approval of the Minister and within a controlled area, prescribe emission standards from industrial or business activities, from burning liquids or solid fuels.

38.  (1)  When establishing or prescribing emission standards the Council shall consider-

Emission standards

(a)        the rate of emission, concentration and nature of the pollutants emitted; and

(b)        the best practicable technology available in controlling pollutants during the emission process.

(2)  The emission standards prescribed by the Council under this Part shall be published in the Gazette at least ninety days before the date upon which they shall come into effect.

39.    No person may emit any pollutants which cause air pollution in contravention of emission standards established or prescribed by the Council under this Part.

Air pollution prohibited

40.  (1)  In the case of an emergency involving very hazardous pollutants, the Inspectorate shall take and advise on appropriate measures to be taken for the protection of persons and the environment.

Emergency situations

(2)  No suit, prosecution or other legal proceedings shall lie or be instituted for or in respect of any act or thing done or omitted to be done in good faith by any inspector in the exercise or purported exercise of his duties under this section.

41.    The Inspectorate may request an owner or operator of an operation of which the Inspectorate has reasonable grounds to believe results in the emission into the ambient air of any air contaminant, to submit all information relating to those emissions as the Inspectorate may require.

Information regarding emissions into ambient air

42.    An owner or operator who before the commencement of this Act is emitting a pollutant which is likely to cause air pollution or whom the inspectorate so requests, shall apply for a licence within twelve months after the commencement of this Act.

Licensing of emissions

43.  (1)  A person who intends to erect or instal a new industrial plant or develop a new industrial process which is likely to cause air pollution shall inform the Inspectorate during the planning stages, and shall apply for a licence.

Application for licence for new sources of emission

(2)  The application for a licence shall be submitted to the Inspectorate not less than six months prior to the commencement of operations.

44.  (1)  A change or extension to an existing plant, undertaking or process shall be considered new if the change-

Circumstances under which extension deemed new

(a)        increases the emission of the existing plant in quantity or concentration of pollutants; or

(b)        introduces a new type of pollutant into the ambient air.

(2)  No owner or operator or individual who operates a motor vehicle, ship, train, aircraft or other similar conveyance shall-

(a)        operate in a manner that will cause air pollution in contravention of the established emission standards;

(b)        import any machinery, equipment, device or similar thing that will cause emission into the ambient air in contravention of prescribed emission standards.

45.  (1)  The Inspectorate may or may not grant a licence after considering the details of-

Grant or refusal of licences

(a)        the possible effects on the quality of ambient air of the area;

(b)        the existing licences affecting the same air resource;

(c)        the requirements of residents, human settlements and other industrial or commercial activities; and

(d)        the comments from the local authority and other concerned organisations.

(2)  If a licence is not granted, the notice of refusal shall state the reasons for the refusal.

46.    Regulations made under section ninety-six shall prescribe the contents of an application and the conditions for a licence issued under this Part.

Contents of application and conditions for licence