THE CLEAN AIR ACT of 1963

Transcription

1 725 THE CLEAN AIR ACT of 1963 No. 23 An Act Relating to the Prevention and Minimising of Air Pollution and for Purposes connected therewith [Assented to 9 December 1963] PART I-PRELIMINARY 1. Short title. This Act may be cited as " The Clean Air Act of 1963." 2. Operation of Act. The Governor in Council may, by Proclamation published in the Gazette, fix the date on which this Act shall come into operation in the Area or Areas specified in the Proclamation and this Act shall come into operation in such Area or Areas on the date so fixed. Save as herein otherwise provided, this Act shall not be in operation in any Area until a date is fixed in relation thereto under this section. This section applies so as not to limit the operation on and from the date of the passing of this Act of Parts I and II hereof or the power to make regulations under this Act. For Proclamation fixing 8 May 1965, as date on which Act shall come into operation in Area of City of Brisbane and in Local Authority Area of City of Ipswich see Gazette 8 May 1965, p Construction of this Act. This Act, including every Proclamation, Order in Council and regulation hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Councilor regulation hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is no in excess of that power. 4. Parts of Act. This Act is divided into Parts, and a Schedule, as follows:- PART I-PRELIMINARY (ss. 1-7); PART II-AIR POLLUTION COUNCIL (ss. 8-17); PAR T III-SCHEDULED PREMISES; Division I-Licensing provisions (ss, 18-23); Division II-Other provisions (ss ); PART IV-PREMISES OTHER THAN SCHEDULED PREMISES (ss ); PART V-GENERAL PROVISIONS (ss ); SCHEDULE. 5. Crown bound. This Act shall be binding on the Crown.

2 726 HEALTH Vol Other Acts. No provision of, or license or exemption under, this Act shall be deemed to repeal by implication, or to authorise, justify or excuse any act or omission which is a contravention of or a failure to comply with, or to affect otherwise howsoever any provision of any other Act or of any Order in Council, rule, regulation, by-law or other instrument whatsoever under any other Act: Provided that where a provision of any other Act or of any Order in Council, rule, regulation, by-law or other instrument whatsoever under any other Act is inconsistent with a provision of or with a license or permission under, this Act, then the latter shall prevail and the former shall to the extent of the inconsistency be invalid. 7. Interpretation. (1) Without limiting the operation of "The Acts Interpretation Acts, 1954 to 1962," in this Act, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say:- "Air impurity" includes- (a) smoke, soot, dust, ash (including fly ash), cinders, solid particles of any kind, gases, fumes and mists; and (b) odours of an offensive or noxious nature produced solely by an industrial plant; "Air pollution"-the emission into the air of any air impurity; "Air Pollution Trust Fund"-The Air Pollution Trust Fund established under this Act; "Approved"-Approved by the Council under or pursuant to this Act; "Approved equipment" includes any equipment for the combustion of fuel or control of emissions resulting from such combustion, and which is approved; "Area"-The Area of a Local Authority under and within the meaning of "The Local Government Acts, 1936 to 1962": The term includes the City of Brisbane as defined by " The City of Brisbane Acts, 1924 to 1960"; "Authorised officer"-any authorised officer appointed under this Act: The term includes any person acting under the direction of or in aid of an authorised officer; "By-Iaw"-In relation to Brisbane City Council, ordinance; "Chairman"-The chairman of the Air Pollution Council of Queensland, appointed under this Act: The term includes any person appointed under this Act to act temporarily in the office of the chairman; "Chimney" includes any structure or opening from or through which air impurities may be emitted, and references to a chimney of or used in connection with any premises include references to a chimney which serves the whole or a part of the premises though structually separate from such premises or any building thereon: "Control equipment" includes- (a) any apparatus for separating any air impurities from the gas medium in which they are carried;

3 CLEAN AIR ACT OF 1963 &'S. 6, (b) any automatic device used for securing the mort efficient operation of any fuel burning equipment; (c) any device to indicate or record air pollution or to give warning of excessive air pollution; and (d) any other device used for the purposes of limiting air pollution; "Council"-The Air Pollution Council of Queensland constituted under this Act; "Dark smoke"-smoke- (a) which, if compared in the appropriate manner with a chart of the type known as the Ringelmann Chart, would appear to be as dark as or darker than shade 2 on the chart; or (b) which by a method prescribed by the regulations is ascertained to be smoke which is dark smoke within a meaning prescribed by the regulations; "Director"-The Director of Air Pollution Control appointed pursuant to this Act: The term includes any person for the time being acting in the office of the Director; "Fuel burning equipment"-any furnace, boiler, fireplace, oven, retort, incinerator, open fire, vehicle, vessel, or chimney, or any other apparatus, device, mechanism, or structure used or to be used in connection with the burning of any combustible material in, or in relation to, any industrial plant; "Harbour"-A harbour or port under and within the meaning of "The Harbours Acts, 1955 to 1962"; "Industrial plant"-any plant used for the generation of power, or for any industrial use, or for the operation of vessels, dredges, locomotives, cranes, or other machines using any combustible material for their operation; "Inspector"-Any inspector appointed under this Act: The term includes any authorised person appointed by the Chairman to act as an inspector and any person acting under the direction of or in aid of an inspector; "License"-A license and any renewal thereof issued under this Act and in force at any material time: Any condition attached under this Act to any license shall be regarded as forming part of that license: The term includes a transferred license; "Licensee"-The holder of a license; "Local Authority"-A Local Authority constituted under "The Local Government Acts, 1936 to 1962": The term inel udes Brisbane City Council constituted under "The City of Brisbane Acts, 1924 to 1960"; "Master" includes every person having lawfully, or de facto, the command, charge, or management, for the time being, of a vessel; "Member"-A member of the Air Pollution Council of Queensland, appointed under this Act: The term includes any person appointed under this Act to act temporarily in the office of a member;

4 728 HEALTH Vol. 6 "Minister"-The Minister for Health or other Minister of the Crown for the time being charged with the administration of this Act; "Occupier" includes- (a) in relation to any premises, the person in occupation or control of the premises; and (b) in relation to any premises where different parts are occupied by different persons, in relation to any such part, the person in occupation or control of such part: Provided that in relation to a vehicle the term does not include an employee in control of a vehicle in the course of his employment; "Practicable" -Reasonably practicable having regard, amongst other things, to local conditions and circumstances, and to the current state of technical knowledge; and the term "practicable means" includes the provision and maintenance of plant and the proper use thereof; "Premises" includes messuages, buildings, lands, easements, and tenements of any tenure, and also any place and any vehicle; "Scheduled premises"-any premises for the time being included in the Schedule to this Act; and "Secretary"-The secretary to the Air Pollution Council of Queensland, appointed under this Act: The term includes any person appointed to act in, or for the time being performing the duties of, the office of the secretary; "Statutory body" -The Commissioner for Railways under "The Railways Acts, 1914 to 1961," and any public body which the Governor in Council may from time to time by Order in Council under this Act declare to be a statutory body; "Vehicle" -Without limiting the ordinary meaning of the term, includes any motor vehicle, omnibus, coach, bicycle, velocipede, train, aeroplane, or other means of conveyance or transit, using any combustible material for its operation; "Vessel" includes any ship, boat, or other description of vessel used or designed for use for any purpose on the sea, in navigation, or on any waterway, and using any combustible material for its operation. (2) The Governor in Council may from time to time, by Order in Council, amend the Schedule to this Act by inserting therein or removing therefrom any premises or class of premises. The Schedule as so amended shall be the Schedule to this Act. (3) The Governor in Council may from time to time, by Order in Council, declare any public body to be a statutory body for the purposes of this Act. Acts referred to: Acts Interpretation Acts, 1954 to 1962, title ACTS OF PARLIAMENT, Vol. 1, p. 82. Local Government Acts, 1936 to 1965, title LOCAL AUTHORITIES. City of Brisbane Acts, 1924 to 1960, title BRISBANE, Vol. 3, p. 30. Harbours Acts, 1955 to 1964, title HARBOURS, p. 525, ante. Railways Acts, 1914 to 1965, title RAILWAYS AND TRAMWAYS.

5 CLEAN AIR ACT OF 1963 ss. 7, PART II-AIR POLLUTION COUNCIL 8. (1) The Air Pollution Council. For the purposes of this Act there shall be constituted a body which shall be called the "Air Pollution Council of Queensland" (in this Act referred to as the "Council"). The Council shall be constituted by, and on and from the date of, the first appointment of the members thereof, and may be constituted at any time after the passing of this Act. (2) Membership. (a) The Council shall consist of a chairman and nine other members each of whom shall, subject to nomination as prescribed, be appointed by the Governor in Council by notification published in the Gazette. (b) The chairman shall be nominated by the Minister. (c) The members other than the chairman shall comprise (i) three members nominated by the Minister; (ii) two members who are professional engineers under and within the meaning of "The Professional Engineers Act of 1929," nominated respectively by the Commissioner for Railways and the Commissioner for Electricity Supply; (iii) one member nominated by the Director of Local Government; (iv) one member nominated by Brisbane Chamber of Commerce (Incorporated) ; (v) one member nominated by the Queensland Chamber of Manufactures; (vi) one member nominated by the Senate of the University of Queensland. (3) Tenure of office. (a) The chairman shall hold office during the pleasure of the Crown. (b) Subject to this Act, every member of the Council other than the chairman- (i) shall be eligible for re-appointment; and (ii) shall hold office for a period of three years. (c) The office of a member of the Council, other than the chairman shall- (i) commence on the date of his appointment thereto; and (ii) become vacant if such member- (a) dies or becomes mentally sick; or (b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (c) is absent without leave granted by the Council from three consecutive ordinary meetings of the Council of which due notice has been given to him; or (d) resigns his office by writing under his hand delivered to the Minister (which resignation shall be complete and shall take effect from the time when it is received by the Minister); or (e) is convicted of an indictable offence or of an offence against this Act; or

6 730 HEALTH Vol. 6 (f) is removed from office by the Governor in Council by notification published in the Gazette on the grounds of mental or physical incapacity to perform his duties or because of any conduct which, in the opinion of the Governor in Council, shows the member to be unfit to be a member of the Council: Provided that the attendance of any such member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the Secretary shall enter in the minute book the names of all members who so attend. (4) Extraordinary vacancies. (a) When a vacancy arises in the office of a member of the Council other than the chairman by death, resignation, or otherwise howsoever, the Governor in Council may appoint by notification published in the Gazette, a person having a like qualification, or being representative of the like interest as his predecessor, as a member to hold office for the balance of his predecessor's term of office. (b) Any such appointment shall be made on the nomination of the person or body by whom the nomination of the person whose office has been vacated was made. (5) Nomination of members of Council. Any nomination under this section of a member of the Council, other than the chairman, shall be made within the time and in the manner prescribed, and in default of any person or body entitled to make any such nomination doing so within such time and in such manner, the Governor in Council may appoint any person to the Council as if that person had been duly nominated by the person or body entitled to make the nomination. Act referred to: Professional Engineers Act of 1929, title ENGINEERS, Vol. 5, p For functions of Council, see ss. 13, 14. For specific powers of the chairman, see s. 33. The signature of the chairman is judicially noticed, s. 49 (2). The Council grants licenses under Division I of Part III, s. 19 (2). 9. Proceedings of the Council Meetiugs. (1) (a) The Council shall meet as often as is necessary for the due administration of this Act, and at such times and places as it thinks fit, and shall conduct its business in such manner as may be prescribed or, in so far as is not prescribed, as it may from time to time determine. (b) A majority of the number of members of the Council for the time being shall form a quorum at any meeting of the Council, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Council and shall have and may exercise all of the powers, authorities and functions, and may perform all of the duties of the Council. The decision of a majority of the members present at any meeting at which there is a quorum shall be the decision of the Council. (2) (a) The chairman shall preside at all meetings of the Council at which he is present. If the chairman is unable for any reason to attend any duly convened meeting of the Council, the Minister may nominate some other person (who need not be a member of the Council) to preside at the meeting.

7 CLEAN AIR ACT OF 1963 ss Such person shall, for the purpose of presiding at any meeting of the Council in accordance with such nomination, have and exercise all of the powers of the Chairman. If both the chairman and any person nominated by the Minister as aforesaid are absent from any duly convened meeting, the members present shall appoint one of their number to preside at the meeting. (b) The person presiding at any meeting of the Council shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote. (3) No act or proceeding of the Council shall be invalid or illegal in consequence only of the number of the members of the Council not being complete at the time of such act or proceeding. All acts and proceedings of the Council shab, notwithstanding any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such member had been duly appointed and was qualified and entitled to act and had acted as a member of the Council and as if the Council had been properly and fully constituted. 10. Committees. (1) The Council may appoint such advisory committees or technical committees as it thinks fit to advise it on such matters within the scope of its functions as are referred to those committees by the Council. (2) A person may be appointed to be a member of any such committee whether or not he is a member of the Council. 11. Allowances, etc. Each member of the Council and each member of any committee appointed under section ten of this Act shall receive such allowances, or fees, or allowances and fees, if any, as the Governor in Council may from time to time determine. Any such determination may from time to time be revoked or amended. Any such determination with respect to any person may differ according to class of payment or rate or both class and rate and according to whether such person is a member of the Councilor of a committee as aforesaid. from any determination with respect to any other person. 12. Where officers of Government Departments appointed. Where by or under any Act provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, or prohibiting him from engaging in employment outside the duties of his office, such provision shall not operate to disqualify him from holding that office and also the office of chairman or a member, or acting chairman or member, of the Council under this Act, or a member of any committee appointed under section ten of this Act, or from accepting and retaining any remuneration, fees, or allowances payable to a member of the Council, or a member of any such committee, under section eleven of this Act. 13. Functions of Council. (1) The functions of the Council shall be (a) to carry out investigations into air pollution problems and to report to the Minister thereon;

8 732 HEALTH Vol. 6 (b) to make recommendations to the Minister as to abating the pollution of the air by power stations and by railway locomotives, ships, aircraft and vehicles propelled by the combustion of fuel. (2) The Council may initiate and refer to the Minister- (a) recommendations for altering or repealing this Act or any provision hereof; (b) recommendations for making, altering, or repealing any regulation; (c) recommendations relating to the administration of this Act; (d) recommendations for the prevention, abatement, or mitigation of air pollution. (3) It shall be the duty of the Council to consider and advise the Minister upon such matters and questions as the Minister may from time to time refer to it relating to- (a) any proposal for altering or repealing this Act, or any provision thereof; (b) any proposal for making, altering, or repealing any regulation; (c) the administration of this Act; (d) the prevention, abatement, or mitigation of air pollution. The Governor in Council has power to rescind decisions, determinations and orders of the Council, s. 15. Subject to the Minister, the Council administers the Act, s Advisory functions of the Council. In addition to its powers, authorities, functions and duties under this Act, the Council shall advise the Minister, as required, upon such matters and questions relating to the prevention, abatement and mitigation of air pollution as the Minister may from time to time refer to the Council. 15. Power of the Governor in Council to rescind decisions, determinations and orders of the Council. (1) The Governor in Council may at any time rescind any decision, determination, or order of the Council and may, in relation to any such rescission, give such directions to the Council as to him seem meet. (2) Every decision, determination, or order of the Council rescinded by the Governor in Council shall be absolutely void as from the making of the decision, determination, or order as if it had not been made. (3) Any further decision, determination, or order made by the Council consequent upon any directions of the Governor in Council under subsection (1) of this section may be appealed against in all respects as if it were the original decision, determination, or order of the Council upon the matter involved therein, and any time limited for such appeal shall begin to run from the date of such further decision, determination or order. 16. Administration of this Act. This Act shall be administered by the Minister and subject to the Minister by the Council. The Director shall be the chief administrative officer for the purposes of this Act and shall be responsible to the Minister and the Council accordingly. For other functions of the Council, see s. 13.

9 CLEAN AIR ACT OF 1963 ss Officers. (1) The Governor in Council may appoint under and for the purposes of this Act a Director of Air Pollution Control a secretary to the Council and such inspectors and other officers as he deems necessary for the effectual administration of this Act. Appointees as aforesaid shall be appointed and hold their respective offices under, subject to, and in accordance with "The Public Service Acts, 1922 to 1960". (2) The chairman may at any time, and from time to time, by writing under his hand, appoint such and so many authorised officers under and for the purposes of this Act as he may deem fit, and may cancel any such appointment. Subject to subsection (3) of this section the powers, authorities, functions and duties of authorised officers shall be as prescribed: Provided that the chairman may at any time by writing under his hand appoint some person as an authorised officer for some particular purpose of or connected with this Act, and any person so appointed shall for such particular purpose, and in addition to the prescribed powers, authorities and functions of an authorised officer, have all such powers, authorities and functions as may be specified in his appointment. (3) The appointment of an authorised officer may be to act as an inspector in which case the appointee, shall, subject to any limitations specified in his appointment, have and exercise for the purposes of his appointment all of the powers, functions and duties of an inspector. (4) An officer of the Public Service may, in addition to the position which he holds therein, be appointed also the secretary to the Council, an inspector, an authorised officer, or to perform such duties under this Act as the Governor in Council may direct or as may be prescribed. The secretary to the Council, an inspector, an authorised officer, or other officer appointed under this Act may hold his appointment under this Act in conjunction with any other position in the Public Service. (5) Any appointment as the secretary to the Council, or an inspector, or an authorised officer may be made by the appointment of the holder for the time being of an office under the Crown in right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies, or performs the duties of, that office shall, without further appointment or other authority, and while he holds or occupies or performs the duties of that office, be the secretary to the Council, or an inspector, or an authorised officer, as the case may be, in terms of such appointment. (6) Every inspector and every authorised officer shall as far as practicable be furnished with a certificate of appointment signed by the chairman and upon entering any place shall, if required, produce that certificate to the owner or occupier of the place. Act referred to: Public Service Acts, 1922 to 1965, title PUBLIC SERVICE. For general powers of inspectors, see s. 40. See also as to inspectors ss. 41 (assistance by occupiers to inspectors), 42 (obstructing inspectors). As to powers and duties of the secretary, see ss. 19 (l) (applications for licenses under Part III, Division I to be made to secretary), 20 (secretary to keep registers of licences), 27 (applications for approval for certain works to be made to secretary), 34 (secretary may require owners of premises to furnish information), 43 (3) (secretary to keep registers of exemptions), 49 (2) (signature judicially noticed).

10 734 HEALTH Vol. 6 PART III-SCHEDULED PREMISES DIVISION I-LICENSING PROVISIONS 18. Scheduled premises to be licensed. Except as hereinafter provided, any person who is the occupier of any scheduled premises and who is not the holder of a license issued in respect of such premises shall be guilty of an offence against this Act: Provided that this section shall not apply to any person- (a) who, at the commencement of this Act in any Area, is the occupier of scheduled premises situated in such Area, and who within the prescribed period after such commencement makes application for a license in respect of such scheduled premises; (b) who, at any time after the commencement of this Act, in any Area, commences to use any premises situated in such Area as scheduled premises, and who within the prescribed period after his so commencing makes application for a license in respect of such scheduled premises; (c) who. where by virtue of an Order in Council under subsection (2) of section seven of this Act made after the commencement of this Act in an Area premises therein not previously scheduled premises become scheduled premises, is, consequent upon such Order in Council the occupier of scheduled premises, and who within the prescribed period after the publication of such Order in Council in the Gazette makes application for a license in respect of such scheduled premises; (d) who has made application under the provisions of subsection (5) of section nineteen of this Act for the transfer to him of a license in respect of any scheduled premises and made such application within the prescribed period after he became the occupier of such premises, until his application has been finally determined. For scheduled premises, see the Schedule, p. 751, post. 19. Licenses. (1) (a) An application for a license under this Division of this Part of this Act or for any renewal or transfer thereof shall be made to the secretary in or to the effect of the prescribed form and shall be accompanied by the prescribed fee. (b) The secretary shall refer such application to the Council. (c) An applicant for a license or for the renewal or transfer of a license shall furnish such information as the secretary may consider necessary and relevant to the application. (2) The Council- (a) shall grant any application for a license or for a renewal or transfer thereof, subject to such conditions (if any) as it sees fit, and if it grants such application subject to any conditions, such conditions shall be attached to the license; (b) may, during the currency of a license revoke or vary any conditions attached to the license, or attach new conditions to the license (and either in addition to or in substitution for the conditions attached thereto or any thereof). The secretary shall notify the licensee of any such revocation or variation, or of the attachment to the license of any such new conditions;

11 CLEAN AIR ACf OF 1963 ss. 18, (c) shall not grant any application for a license in respect of scheduled premises the use whereof as such would contravene any town planning scheme or by-law of any Local Authority respecting the use or development of land. In any case to which this paragraph (c) applies the application for the license shall, for the purposes of section eighteen of this Act, be deemed to be finally determined by the refusal to grant the application or, if the refusal is appealed against under section thirty-nine of this Act, upon the determination of the appeal. Without prejudice to the generality of the foregoing provisions of this subsection any conditions attached to a license may- (i) require the holder of the license- (a) to repair, alter, or replace any fuel burning equipment III or on any scheduled premises specified in the license: (b) to install and operate control equipment in or on any such premises; (c) to repair, alter, or replace any control equipment installed in or on any such premises; (d) to erect, or alter the height of any chimney through which air impurities may be discharged from any such premises; (e) to carry out any of the requirements imposed on him under the foregoing provisions of this paragraph within such period as may be specified in such conditions; (ii) prohibit the holder of the license from altering or replacing any fuel burning equipment or any control equipment installed in or on any such premises except with the prior approval of the Council. Where under this Act a right of appeal is given against the decision of the Council attaching a condition to a license, any condition attached under this subsection to a license shall not have force until the time limited for appealing against such condition has expired and, where an appeal against such condition has been made under this Act, until the court hearing such appeal confirms the decision of the Council imposing such condition. (3) A license shall, subject as hereinbefore provided, take effect from the date of issue thereof and shall expire on the thirtieth day of June next following. (4) Every licensee who desires to obtain a renewal of his license shall before the date of the expiry thereof or of the subsisting renewal thereof, as the case may be, make application to the secretary for a renewal of such license. Any such renewal of the license shall take effect on and from the expiry of the license or, as the case may be, next previous renewal thereof and shall expire on the thirtieth day of June next following. (5) Where a licensee ceases to be the occupier of any scheduled premises the occupier of such premises may make application in or to the effect of the prescribed form, accompanied by the prescribed fee, to the secretary for approval of the transfer to him of the license in respect of such premises.

12 736 HEALTH Vol. 6 (6) Every application for a license or any renewal or transfer thereof shall be accompanied by the amount of the prescribed fee, such amount shall be refunded if the application is not granted. Licensees are to comply with the conditions of their licenses, s. 21. As to license fees, see s. 23. As to return of licenses after expiry, etc., see s. 48. As to appeals by applicants aggrieved by any decision of the Council, see s Register of licenses. The secretary shall keep such registers of licenses granted under this Act as may be prescribed. The secretary also keeps a register of exemptions, s. 43 (2). 21. Licensees to comply with conditions of licenses. A holder of a license under this Act shall comply in every respect with the conditions attached to that license, and in force. Conditions are imposed under s. 19 (2). 22. Forgery of licenses, etc. Any person who (i) forges or counterfeits any license; or (ii) utters, or makes use of any forged or counterfeit license; or (iii) personates any person named in any license; or (iv) falsely pretends to be an inspector or an authorised officer; or (v) connives at any such forgery, counterfeiting, uttering, making use, personating, or pretending as aforesaid, shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding two hundred pounds or to imprisonment for a period not exceeding six months. As to forgery, see also Criminal Code, ss. 484 ct seq., and notes thereto, title CRIMINAL LAW, Vol. 3, p Fees. (1) The fee payable under this Division of this Part of this Act for a license or any renewal thereof shall be such amount as may be prescribed, not exceeding five hundred pounds. Where a license is applied for subsequent to the thirty-first day of July in any year, the fee payable in respect of such license shall be such amount as bears to the full fee the same proportion as the number of months (including the month in which the application is made) remaining in the period ending on the thirtieth day of June next following the date of such application bears to twelve. (2) Different fees may be prescribed according to anyone or more of the following factors:- (a) the class of scheduled premises; (b) the location of scheduled premises; (c) the number of persons employed at scheduled premises; (d) any other prescribed factor. (3) Where the Council is satisfied that the air pollution from any scheduled premises would not be such as to warrant the payment of the prescribed fee, the Council may upon the application of the occupier of such scheduled premises remit in whole or in part the fee payable under this Division of this Part of this Act in respect of such scheduled premises.

13 CLEAN AIR ACT OF 1963 ss (4) Where the aggregate of the fees that would, but for this subsection, have been payable for licenses or renewals of licenses in respect of any scheduled premises under the control of the Commissioner for Railways, any statutory body or Government Department of this State exceed five hundred pounds, the aggregate of the fees payable for such licenses or renewals of licenses shall be five hundred pounds. (5) The fee payable in respect of the transfer of a license shall be as prescribed. (6) Where the aggregate of the fees that would, but for this subsection, have been payable for licenses or renewals of licenses or transfers of licenses in respect of any scheduled premises by anyone and the same person exceeds five hundred pounds, the aggregate of the fees payable for such licenses or renewals of licenses, or transfers of licenses shall be five hundred pounds. Fees are paid into the Air Pollution Trust Fund, s. 38 (2). DIVISION II--oTHER PROVISIONS 24. Occupiers to maintain and operate equipment. The occupier of any scheduled premises shall maintain any fuel burning equipment and any control equipment installed in or on such premises in an efficient condition, and shall operate all such equipment in a proper and efficient manner. 25. Prohibition of dark smoke from chimneys. (1) The occupier of any scheduled premises shall not cause, permit or allow the emission of dark smoke from a chimney of or used in connection with such scheduled premises. (2) Emissions of smoke from any chimney lasting for not longer than such periods on any day as may be prescribed shall, in such classes of cases and subject to such limitations as may be prescribed, be left out of account for the purposes of this section. For a similar provision relating to non-scheduled premises, see s Prescribed standards of air impurities not to be exceeded. (1) The occupier of any scheduled premises shail not, unless exempted by the Council from the provisions of this subsection, conduct any trade, industry, or process, or operate any fuel burning equipment or industrial plant in or on such premises in such a manner as to cause, permit or allow the emission at the prescribed point of air impurities (other than dark smoke) in excess of the standard of concentration and rate of emission, or the standard of concentration or rate of emission, prescribed in respect of such trade, industry, process, fuel burning equipment or industrial plant. Where any such standard has not been prescribed the occupier of any scheduled premises shall conduct any trade, industry, or process, and operate any fuel burning equipment or industrial plant, in or on such premises by such practicable means as may be necessary to prevent or minimise air pollution. (2) The Council may, in special circumstances, exempt any occupier of any scheduled premises from the provisions of subsection (1) of this section. 24

14 738 HEALTH Vol. 6 (3) Any occupier of any scheduled premises who has been exempted by the Council from the provisions of subsection (1) of this section shall comply in every respect with every condition attached to such exemption. As to exemptions, see s. 43. For a similar provision relating to non-scheduled premises, see s. 31. For power of the Minister to prohibit the carrying on of a trade or industry, see s Certain work not to be carried out on scheduled premises without the approval of the Council. (1) Except with the prior approval of the Council, or where so required to do under section twenty-eight of this Act, the occupier of any scheduled premises shall not, if by so doing he is likely to cause or increase air pollution from such premises- (a) alter the method of operation of any trade, industry, or process, or fuel burning equipment or control equipment or industrial plant in or on such premises; or (b) install, alter or replace any equipment or plant in or on such premises. (2) A person shail not- (a) in or on any premises carry out any work that would cause such premises to be scheduled premises; (b) on any land construct any building designed for use for a purpose that would cause such land or building to be scheduled premises; or (c) except where so required to do under section twenty-eight of this Act, erect, or alter the height of, any chimney through which air impurities may be emitted from any scheduled premises, unless- (i) plans and specifications of such work or building or erection or alteration, as the case may be, have been submitted to and approved by the Council; and (ii) the site on which such work is to be carried out or such building is to be constructed or such chimney is to be erected or altered as the case may be, has been approved by the Council. (3) Any application for an approval under this section shall be made to the secretary in or to the effect of the prescribed form and accompanied by- (a) the prescribed fee; (b) in any case to which paragraph (a) or (b) of subsection (2) of this section applies, details of the trade, industry, or process proposed to be carried on in or on the premises or proposed premises, together with details of the methods intended to be adopted so as to control air pollution from such premi~es; and (c) evidence that any necessary approval required under "The Local Government Acts, 1936 to 1962." or. as the case may be, "The City of Brisbane Acts, 1924 to 1960," has been obtained. The secretary may require an applicant to furnish such other wormation as he may consider necessary and relevant to the application. (4) The secretary shall refer any such application to the Council.

15 CLEAN AIR ACT OF 1963 ss (5) The Council may grant any such application either subject to conditions or unconditionally. Acts referred to: Local Government Acts, 1936 to 1965, title LOCAL AUTHORITIES. City of Brisbane Acts, 1924 to 1960, title BRISBANE, Vol. 3, p. 30. For scheduled premises, see the Schedule, p. 751, post. As to appeals by applicants aggrieved by a decision of the Council, see s Council may require work on scheduled premises. (1) (a) This section shall not apply to any premises which on the date proclaimed under section two of this Act in relation to the Area in which such premises are situated are scheduled premises until a later date to be fixed by the Governor in Council by Proclamation published in the Gazette. (b) Such later date- (i) may in respect of any such scheduled premises be earlier than seven years after the date proclaimed under section two of this Act in relation to the Area in question if the Governor in Council is satisfied that the occupier thereof has contravened subsection (I) of section twenty-seven of this Act (and in such case may be proclaimed whether or not the occupier has been proceeded against for the contravention); (ii) except as prescribed by subparagraph (i) of this paragraph, shall be not earlier than seven years after the date proclaimed under section two of this Act in relation to the Area in question. (c) Until the later date when this section applies to any premises which on the date proclaimed under section two of this Act in relation to the Area in which such premises are situated are scheduled premises, subsection (1) of section twenty-seven of this Act applies to those scheduled premises with the omission therefrom of the words "or where so required to do under section twenty-eight of this Act". (2) Where any air impurities are being or are likely to be emitted from any scheduled premises in or on which is conducted any trade, industry, or process, or in or on which there is any fuel burning equipment, control equipment or industrial plant, the Council may by notice in writing signed by the chairman require the occupier of such premises to- (a) install and operate control equipment, or additional control equipment, in or on such premises; (b) repair, alter, or replace any fuel burning equipment or control equipment installed in or on such premises; (c) erect, or alter the height of, any chimney through which air impurities may be emitted from any such premises, within such time and in such manner as may be specified in the notice. (3) The Council may by notice in writing signed by the chairman require the occupier of any scheduled premises in carrying on any trade, industry, or process, or in operating any fuel burning equipment or industrial plant to operate, in accordance with any directions contained in such notice, any control equipment in or on such premises. (4) Any occupier of scheduled premises to whom any notice in writing is given under this section shall comply in all respects with the requirements set out in such notice.

16 740 HEALTH VoL (, PART IV-PREMISES OTHER THAN SCHEDULED PREMISES 29. Application of this Part. This Part of this Act does not apply to any scheduled premises. For scheduled premises, see Schedule, p. 751, post. 30. Prohibition of dark smoke from chimneys. (I) Thc occupier of any premises shall not cause, permit or allow the emission of dark smoke from a chimney of or used in connection with such premises. (2) Emissions of smoke from any chimney lasting for not longer than such periods on any day as may be prescribed shall, in such classes of cases and subject to such limitations as may be prescribed, be left out of account for the purposes of this section. (3) Subsections (1) and (2) of this section apply to a vessel within the limits of any harbour or in any inland navigable waters as they apply in relation to premises other than scheduled premises, but as if for the reference to the occupier of any premises there were substituted a reference to the master of the vessel in question and as if references to a chimney included any stack, structure, opening or other means whatsoever from, through or by means of which dark smoke shall have been emitted from the vessel in question. For a similar provision relating to scheduled premises, see s Prescribed standards of air impurities not to be exceeded. (1) The occupier of any premises shall not, unless exempted by the Council from the provisions of this subsection, conduct any trade, industry, or process, or operate any fuel burning equipment or industrial plant, in or on such premises in such a manner as to cause, permit or allow the emission at the prescribed point of air impurities in excess of the standard of concentration and rate of emission, or the standard of concentration or rate of emission, prescribed in respect of such trade, industry, process, fuel burning equipment or industrial plant. Where any such standard has not been prescribed the occupier of any premises shall conduct any trade, industry, or process, and operate any fuel burning equipment or industrial plant, in or on such premises by such practicable means as may be necessary to prevent or minimise air pollution. (2) The Council may, in special circumstances, exempt any occupier of any premises from the provisions of subsection (1) of this section. (3) Any occupier of any premises who has been exempted by the Council from the provisions of subsection (1) of this section, shall comply in every respect with every condition attached to such exemption. As to exemptions, see s. 43. For a similar provision relating to scheduled premises, see s Control of trades, industries, processes, fuel burning equipment and industrial plant. (I) Where any air impurities are being or are likely to be emitted from any premiscs in or on which is conducted any trade, industry, or process, or in or on which there is any fuel burning equipment or industrial plant, the Council may by notice in writing signed by the chairman require the occupier of such premises, if in the opinion of the Council he has not taken all practicable means to prevent or to minimise the emission of air impurities from such premises, to~~ (a) install and operate control equipment, or additional control equipment, in or on such premises;

17 CLEAN AIR ACT OF 1963 ss (b) repair, alter, or replace any fuel burning equipment or control equipment installed in or on such premises; or (c) erect, or alter the height of, any chimney through which air impurities may be discharged from such premises, within such time and in such manner as may be specified in the notice. (2) The Council may by notice in writing signed by the chairman require the occupier of any premises in carrying on any trade, industry, or process, or in operating any fuel burning equipment or industrial plant to operate, in accordance with any directions contained in such notice, any control equipment in or on such premises, (3) Any occupier of premises to whom any notice in writing j<; given under this section shall comply in all respects with the requirements set out in such notice. As to appeals by persons who have received a notice, see s. 39. PART V-GENERAL PROVISIONS 33. Powers of the Chairman. The Chairman may- (a) consult with such persons, bodies and associations as he thinks fit for the purpose of obtaining information with respect to and developing methods of controlling air pollution; (b) give advice and assistance to the occupier of any premises or to any person operating any vehicle or vessel, for the purpose of assisting such occupier or person in preventing or minimising air pollution from sueh premises, vehicle, or vessel. 34. Occupier of premises required to furnish information. The secretary, by notice in writing served on the occupier of any premises. may require such occupier to furnish to him within fourteen days or such longer period as may be specified in the notice, such information as to any fuel burning equipment or control equipment or industrial plant in or on such premises, and the fuel or waste burned therein or thereon as he requires by the notice. 35. Refusal to furnish information, etc. Any person who, when required by the secretary, or by an inspector or authorised officer under or pursuant to this Act, to answer any question, or to furnish any information or to sign any declaration- (a) fails to answer such question, or furnish such information. or sign such declaration; or (b) gives any answer, or furnishes any information or signs any declaration that is false or misleading in any material respect, shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding two hundred pounds: Provided that any statement made pursuant to any requirement a~ aforesaid shall not, if the person making the statement objected, at the time of such making, to doing so on the ground that it might tend to incriminate him, be admissible in evidence in any prosecution against such person for any offence not being the offence of contravening or failing to comply with the provisions of this section.

18 742 HEALTH VoL Power to prohibit the use of combustible materials, fuel burning equipment, or industrial plant, in certain areas. The Governor in Council, by order published in the Gazette, may, on the recommendation of the Council- (a) prohibit the use of such combustible materials or fuel burning equipment or industrial plant or such classes of combustible materials or fuel burning equipment or industrial plant as may be specified in the order; (b) prohibit the use of all combustible materials or fuel burning equipment or industrial plant other than such combustible materials or fuel burning equipment or industrial plant or such classes of combustible materials or fucj burning equipment or industrial plant as may be specified in the order, within such area as may be so specified. 37. Power to prohibit trades, industries, processes, etc., in certain circumstances. Where the Council reports to the Minister that the emission of air impurities from any premises is likely to be injurious to public health, the Minister may, by order, direct the occupier of such premises to cease conducting any trade, industry, or process, or operating any fuel burning equipment or industrial plant, in or on such premises for such period as may be specified in the order. 38. Air Pollution Trust Fund. (1) There shall be established and kept in the Treasury a fund to be called the Air Pollution Trust Fund (hereinafter in this section referred to as the "Fund"). (2) All fees paid under Division I of Part III of this Act in respect oflicenses and renewals and transfers of licenses shall be paid into the Fund. (3) The Fund shall be administered by the Minister and may be applied for the payment of all expenses incurred by the Governor in Council, the Minister, the Council and the chairman- (a) in the supply of technical services (including inspection, advice and assistance) relating to the prevention, abatement, or mitigation of air pollution with respect to any scheduled premises; (b) in investigation into the presence and incidence of air pollution with respect to any premises (whether schedujcd premises or not) and into the causes of such pollution and the measures which might be adopted to prevent, abate, or mitigate such pollution; (c) in investigation into the likelihood of air pollution with respect to any premises (whether scheduled premises or not and whether existing or proposed) and the measures which might be adopted to prevent, abate, or mitigate such pollution; (d) in investigation and research, either generally or in any particular case, into the methods of prevention, abatement, or mitigation of air pollution (including the purchase of plant and equipment in connection with any such investigation or research);