Queensland, appointed under this Act: The term includes any person appointed under this Act to act temporarily in the office of chairman;. 34; Director "-The Director of Air Pollution Control appointed. under this Act: The term includes any person temporarily acting in the office of the Director;. Queensland, appointed under this Act: The term includes any person appointed to act in , or provisionally perform the duties of the office of secretary;.
The Chairman chairs all meetings of the Council at which he is present.
Bower of the Governor in Council to rescind decisions, determinations and orders of the Council. (1) The Governor in Council
The Director is the chief administrative officer for the purposes of this Act and is accordingly responsible to the Minister and the Council. The secretary of the Council, an inspector, an authorized officer or other officer appointed under this Act may hold his appointment under this Act together with any other post in the Public Service.
PART III-SCHEDULED PREMISES Division I-Licensing provisions
- 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
- Register of licenses. The secretary shall keep such registers of licenses granted under this Act as may be prescribed
- Licensees to comply with con itions of licenses. A holder of a license under this Act shall comply in every respect with the conditions
- Prescribed standards of air impurities not to be exceeded. (1) The occupier of any premises shall not, unless exempted by the Council
Any appointment as the secretary of the Board, or an inspector, or an authorized 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 to name the container. ; and in every such case every successive holder of the office in question and every person temporarily discharging the duties of that o. without further appointment or other authorization, and while h. hold or perform the duties of that office, e the secretary of the Council, or an inspector, or an authorized office as the case may be, in terms of such appointment. 1) (a) An application for a license under this Section of this Part of this Act or for any renewal or transfer thereof must be made of this Part of this Act or for any renewal or transfer thereof must be made to the secretary in or to the effect of the prescribed form and be accompanied by the prescribed fee. 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 have been finally determined by the refusal to grant the application or, if opposed be appealed against the refusal under section thirty-nine of this Act, upon the decision of the appeal.
Without prejudice to the generality of the foregoing provisions of this subsection, any condition attached to the license may-. i) require the license holder-. a) to repair, alter or replace any equipment for burning fuel in or on any planned premises specified in the licence;. Where a right of appeal is granted under this Act against a decision of the Council attaching a condition to a licence, any condition attached to the license under this subsection shall have no effect until the time limited for appealing against that condition has expired and, where Against the condition such an appeal has been made under this law, until the court that examines such an appeal confirms the decision of the Council on the imposition of such a condition. Any such renewal of the license shall take effect on and from the expiration of the license or, as the case may be, the other previous renewal thereof, and shall expire on the 30th day of June next following.
5) When a licensee is no longer the resident of a planned location. premises, the occupier of such premises may apply to the Secretary in or to the effect of the prescribed form, accompanied by the prescribed fee, for approval of the transfer to him of the license in respect of such premises. 4 000, the aggregate of the fees payable for such licenses or renewals of licenses shall be $4000. Where no such standard is prescribed, the occupier of a planned premises shall carry on any trade, industry or process, and fuel burning equipment or operate industrial installations in or on such premises using such practical means as may be necessary to prevent or minimize air pollution.
This section does not apply to any premises which, on the date specified in section two of this Act in relation to the area in which such premises are situated, are scheduled premises until such later date as the Governor in Council may by proclamation published in the Gazette. i) may, in relation to such scheduled premises, sooner than seven years after the date declared in section two of this Act in relation to the area concerned, if the Governor in Council is satisfied that the owner thereof has contravened subsection (1) of section twenty-seven of this Act (and in such event may be declared whether or not the occupier has been proceeded against for trespass); (ii) except as provided in sub-clause (i) of this paragraph, shall not be earlier than seven years after the date declared in section two of this Act in relation to the area concerned. Where no such standard is prescribed, the owner of any premises shall carry on any trade, industry or process and operate any fuel-burning equipment or industrial plant in or on such premises by such practicable means as are necessary to prevent or reduce air pollution.
ART V-GENERAL PROVISIQNS
- Appeals. (1) (a) Any person (other than a statutory body or a (i) being the applicant for a license or for the renewal or transfer
- Service of notices. (1) Any notice or order or other document whatsoever under the provisions of this Act may be given or delivered
- Unjustified disclosure cif information. Any person who discloses any information relating to any manufacturing process or trade secret
- Publication of Proclamations, Orders in Council and regula~~o (1) Every Proclamation, Order in Council and regulation made under
ACT 1963-1978 h40 23 (2) An appeal under this section shall be in the form of a rehearing and, subject to this Act, the decision of the judge shall be final and enforceable by the council. The power to make rules of court of a circuit court includes the power to make rules of court providing for and regulating the practice and procedure relating to appeals to a judge of that court under this section. Any such order as to costs may be enforced in the same party on appeal as it thinks fit. manner than the judgment of the district court.
The decision on the Governor in Council is final and is implemented by the Council and the statutory body. In any prosecution for an offense against this Act, a certificate by the Clerk that the written text attached to the certificate is a true copy of the notice or order or document sent by the Clerk by prepaid mail to the defendant on the date stated in the certificate shall be in evidence upon production and until fails to prove the contrary, sufficient proof of the matters asserted therein, and that the original notice or warrant or document of which the record is said to be a copy was received by the defendant at or about the time it would have been delivered by ordinary mail if was sent on the date stated in the receipt and that the signature on the receipt is that of the person purporting to be signed. In any proceeding under this Act or for the purposes of this Act, the production in evidence of a copy of the office purporting to contain a notice of the Governor in Council or in Council, or an order of the Governor in Council, shall be conclusive evidence of the making or giving of such notice by the Governor in Council or in Council or the issue of such order by the Governor in Council, as the case may be, and of the contents of such notification or order.
Any person who discloses any information relating to any manufacturing process or trade secret any information relating to any manufacturing process or trade secret used in the conduct or operation of any particular undertaking or equipment or plant, information which has been given to him or is received by him under this Act or in connection with its execution, shall, unless the disclosure is made-. a) with the consent of the person who performs or operates s u ih; establishment, equipment or plant; or. b) in relation to the implementation of this law; or (c) with the prior permission of the Minister; or. d) subject to the provisions of section thirty-five of this law, for the purposes of any legal proceedings arising from this law or of any report of such proceedings. be guilty of an offense against this Act and shall be liable to a fine not exceeding $1,000. a) contradicts or fails to comply with any provision of this law;. A prosecution for an offense against this Act may be instituted at any time within twelve months after the commission of the offense or within six months after the commission of the offense came to the notice of the appellant, whichever is the later. 3A) Special fines in certain facilities. a) is guilty of an offense under section or 32 or which consists of an offense or non-compliance with a condition attached to a license under section 19 or a prohibition or restriction ordered under section 36 or a direction ordered under section 37; or. b) is guilty of an offense against this law by violating or not respecting the established standards regarding the emission of air impurities from any environment. shall be liable to a penalty as follows:-. The operation of article twenty-three of the Criminal Code is are excluded in relation to criminal offenses under this law.
For the purposes of this Act, the signatures of the Chairman and Secretary of the Council and of the Director shall be judicially notifiable. Publication of orders, orders in council and notices (1) Every order, order in council and notice issued under (1) Every order, order in council and notice under this Act shall-. i) published in the Gazette;. ii) after publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;. iii) come into force from the date of such publication unless, in the case of a regulation, a later date is specified in that or any other regulation for its coming into force, in which case it takes effect from the later date; and. iv) be laid before the Legislature within fourteen sitting days of such publication, if the Legislature is in session, and if not, then within fourteen sitting days of the commencement of the next session.
