Clean Air Act 1968
| Jurisdiction | UK Non-devolved |
| Citation | 1968 c. 62 |
| Year | 1968 |
(1) Subject to the following provisions of this section, dark smoke shall not be emitted from any industrial or trade premises and if, on any day, dark smoke is so emitted the occupier of the premises F2and any person who causes or permits the emission shall be liable on summary conviction to a fine not exceeding F3level 5 on the standard scale.material is burned on those premises, andthe circumstances are such that the burning would be likely to give rise to the emission of dark smoke,(2) Subsection (1) above shall not apply to the emission of dark smoke from a chimney of a building or from any other chimney to which section 1 of the principal Act (prohibiton of dark smoke from chimneys) applies.(3) The Minister may by regulations exempt from subsection (1) above, subject to compliance with such conditions if any as may be prescribed, the emission of dark smoke caused by the burning of any prescribed matter.(4) In proceedings for an offence under this section it shall be a defence to prove that the contravention complained of was inadvertent and that all practicable steps had been taken to prevent or minimise the emission of dark smoke.(5) In this section “industrial or trade premises” means premises used for any industrial or trade purposes or premises not so used on which matter is burnt in connection with any industrial or trade process.(1) The Minister may by regulations prescribe limits on the rates of emission of grit and dust from the chimneys of furnaces to which this section applies, and different limits may be prescribed under this subsection for different cases and according to different circumstances.(2) If on any day grit or dust is emitted from a chimney serving a furnace to which this section applies at a rate exceeding the relevant limit prescribed under subsection (1) above, the occupier of any building in which the furnace is situated shall be liable on summary conviction to a fine not exceeding F5level 5 on the standard scale.(3) In proceedings for an offence under subsection (2) above it shall be a defence to prove that the best practicable means had been used for minimising the alleged emission.(4) If, in the case of a building containing a furnace to which this section applies and which is served by a chimney to which there is no limit applicable under subsection (1) above, the occupier fails to use any practicable means there may be for minimising the emission of grit or dust from the chimney, he shall be liable on summary conviction to a fine not exceeding F5level 5 on the standard scale.(5) This section applies to any furnace in which solid, liquid or gaseous matter is burnt, not being a furnace designed solely or mainly for domestic purposes and used for heating a boiler with maximum heating capacity of less than F616.12 kilowatts.(6) Section 5 of the principal Act (grit and dust from solid fuel furnaces) shall cease to have effect.to burn pulverised fuel; orto burn, at a rate of F745.4 kilograms or more an hour, any other solid matter; orto burn, at a rate equivalent to F8366.4 kilowatts or more, any liquid or gaseous matter;(2) The Minister may by regulations substitute for any rate mentioned in subsection (1) (b) or (c) above such other rate as he thinks fit, but no regulations shall be made under this subsection so as to reduce any such rate unless a draft of the regulations has been laid before Parliament and approved by each House of Parliament.(3) If on any day a furnace is used in contravention of subsection (1) above, the occupier of the building shall be liable on summary conviction to a fine not exceeding F9level 5 on the standard scale.(4) Subsection (1) above and regulations under subsection (2) above reducing any rate mentioned in subsection (1) (b) or (c) above shall not apply to a furnace which has been installed, the installation of which has been begun, or an agreement for the purchase or installation of which has been entered into, before the commencement of this section or the coming into operation of the regulations, as the case may be.(5) Section 6(1) of the principal Act (new furnaces to be fitted with plant to arrest grit and dust) shall not apply to a furnace to which subsection (1) above applies; and subsections F10(4) and (5) of that section (power of the appropriate Minister with respect to approvals under that section) shall apply in relation to an approval under subsection (1) above as they apply in relation to an approval under that section.(6) Where a local authority determine an application for approval under the said section 6(1) or subsection (1) above, they shall give the applicant a written notification of their decision and, in the case of a decision not to grant approval, shall state their reasons for not doing so.(7) The right of a person to appeal under section 6(4) of the principal Act against a decision of a local authority under that section or this section shall not be exercisable more than twenty-eight days after he is notified of the decision.
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