PART XII
GENERAL

86.  (1)  A person who inadvertently or accidentally causes or witnesses an act causing pollution of any aspect of the environment shall without delay report to the inspectorate, the police or to a local authority.

Duty to report pollution

(2)  The police or local authority shall submit a report to the Inspectorate on any report received under subsection (1) and take reasonable steps to protect the public.

(3)  Any person who willfully fails to make a report required under this section shall be guilty of an offence and liable upon conviction to a fine not exceeding one thousand five hundred penalty units or imprisonment for a period not exceeding six months or to both.

(As amended by Act No. 13 of 1994)

87.    An inspector shall treat as confidential the source of any complaint bringing to his notice any contravention of this Act and shall give no intimation to the owner of the place inspected or his representative that a complaint was made, or any information that might identify the complainant.

Secrecy

88.  (1)  The Inspectorate may renew any licence issued under this Act.

Renewal of licence

(2)  In renewing a licence, the Inspectorate shall consider whether the applicant has complied with the provisions of the Act and any regulations made hereunder.

89.    Where an inspector considers that an industry, works, undertaking, business or any person is discharging, emitting, or disposing a contaminant or substance which may cause pollution he may require the owner or operator to apply to the Inspectorate for a licence to authorise that discharge, emission, or disposal.

Inspector may request application for licence

90.  (1)  Where the Inspectorate establishes that pollution or despoliation is occurring or has occurred, the Inspectorate shall inform the pollutor and order him to take appropriate abatement and control measures specified by the Inspectorate under this Act.

Pollutor obligations

(2)  Where the pollutor is unable or unwilling to take the abatement and control measures required under subsection (1), the Council may take the measures and in such case, the cost incurred by the Council, shall be paid by the pollutor.

91.  (1)  A person who pollutes the environment or contravenes any provision of this Act for which no penalty is provided shall be guilty of an offence and liable upon conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding three years or to both.

Offences and penalties

(2)  For a continuing violation, a court may order a daily fine not exceeding seven thousand five hundred penalty units.

(3)  Where an offence under this Act is committed by a body of persons-

(a)        in the case of a body corporate, every director or similar officer of the body shall be guilty of the offence; or

(b)        in the case of a partnership, every partner shall be guilty of an offence.

(4)  A person shall not be guilty of an offence under subsection (3), if he proves to the satisfaction of the court that the act constituting the offence was done without his knowledge, consent or connivance and that he did his part to prevent the commission of the offence having regard to all the circumstances of the case.

(As amended by Act No. 13 of 1994)

92.  (1)  An application for a licence, registration or permit under this Act shall be made to the Inspectorate or to a local authority to whom the Council has delegated power under section eighty-three.

Applications for licences to be made to Inspectorate or local authority

(2)  Any application referred to in subsection (1) shall be made in such form and in such manner as the Council may prescribe.

93.    No licence or permit shall be issued under this act unless the Inspectorate has, twenty-eight days before granting the licence or permit published its intention in the Gazette inviting representation from any interested person affected by the grant of the licence or permit.

Grant of licence permit subject to public representation

94.    Where any licence granted under this Act is for a duration of five years or more and after five years from the date of the issue of a licence such discharge, emission or disposal authorised by the licence has not taken place or where such discharge, emission or disposal has ceased for a period of three years, the licence shall cease to be in force.

Cessation of licences

95.  (1)  A person aggrieved with any decision or ruling made by an Inspectorate under this Act, may appeal to the Council within forty-five days after the date of receipt of the ruling or decision.

Appeals

(2)  The Council within thirty days after the receiving an appeal, shall make and convey its decision to the appellant.

96.    The Minister in consultation with the Council, may, by statutory instrument make regulations for anything which has to be prescribed under this Act, for the protection of any aspect of the environment and for the control of pollution in the environment.

Regulations