### Air Pollution Control Ordinance 《空氣污染管制條例》

14A. Air pollution control plan
(1) The Authority may require an applicant for a licence under section 14 to submit an air pollution control plan which, if required to be submitted, the Authority shall have regard to in exercising his discretion to grant or refuse to grant a licence.
(2) The Authority may require the applicant to include the following in an air pollution control plan—
(a) a description and technical particulars of a chimney or other plant or equipment that may evolve an air pollutant;
(b) a description and technical particulars of air pollution control equipment or measure proposed to be used to comply with the requirement to use the best practicable means of controlling air pollution;
(c) a description and technical particulars of equipment or measure other than those referred to in paragraph (b) proposed to be used to reduce the emission of any air pollutant;
(d) a description with the aid of maps of residential buildings, schools, hospitals, medical clinics and other buildings and structures that may be affected;
(e) an assessment of the resulting air quality and risk to human health in the vicinity of the premises and in the buildings and structures identified in the description required under paragraph (d);
(f) the calculations and information which may support—
(i) the findings and conclusions set out in the assessment made under paragraph (e); and
(ii) the assertion that the best practicable means of controlling air pollution have been adopted or proposed; and
(g) a plan for, or scheme of, monitoring the emission at source or the ambient concentration of any air pollutant.
(Added 13 of 1993 s. 11)

### Air Pollution Control Ordinance 《空氣污染管制條例》

15. Grant or refusal of licences
(1) The Authority may, not earlier than 40 days after the last notice is published in a newspaper pursuant to section 14(3)(b), either grant or refuse to grant a licence.
(2) If he refuses to grant a licence the Authority shall notify the applicant in writing of his refusal and shall inform him of his reasons therefor.
(3) In the exercise of his discretion to grant or refuse to grant a licence the Authority shall—
(a) have regard to the capability of the applicant to provide and maintain the best practicable means for the prevention of the emission from his premises of any air pollutant;
(b) have as his purpose the attainment and maintenance of any relevant air quality objective; and (Replaced 23 of 1987 s. 3)
(c) have regard to whether the emission of noxious or offensive emissions would be, or be likely to be, prejudicial to health. (Added 23 of 1987 s. 3)
(4) A licence granted under this section shall be for a reasonable period of not less than 2 years and— (Amended 31 of 2008 s. 4)
(a) without prejudice to any term or condition imposed under paragraph (b) (if applicable), may be subject to such terms and conditions (including terms and conditions relating to the matters set out in Schedule 2) as the Authority thinks fit; and
(b) where the licence concerned is a specified licence, shall from 1 January 2010 onwards also be subject to such terms and conditions as may be set out in Schedule 2A. (Amended 13 of 1993 s. 31; 31 of 2008 s. 4)

15A. Payment of annual charges by licence holders
Every licence holder shall pay such annual charge as may be prescribed.
(Added 23 of 1987 s. 4)

### Air Pollution Control Ordinance 《空氣污染管制條例》

16. Renewal of licences
(1) During such period as may be prescribed, the licence holder may apply to the Authority in the prescribed form for a renewal of the licence. (Amended 23 of 1987 s. 5)
(2) An application for renewal of a licence shall be accompanied by the prescribed fee.
(3) Except where the Secretary directs otherwise, section 14(3) and (4) shall not apply in relation to an application for renewal of a licence. (Amended 23 of 1987 s. 5)
(4) The Authority may renew or refuse to renew a licence but, where the Secretary has directed under subsection (3) that section 14(3) shall apply, shall not do so earlier than 40 days after the last notice is published in a newspaper pursuant to section 14(3)(b). (Replaced 23 of 1987 s. 5)
(5) Subsections (2), (3) and (4) of section 15 shall apply to the renewal of a licence as they apply to the grant or refusal of a licence under that section.

### Air Pollution Control Ordinance 《空氣污染管制條例》

17. Cancellation or variation of a licence
(1) Where a licence is in force and the Authority considers it necessary in the public interest, the Authority may, subject to subsection (2), by notice in writing to the licence holder—
(a) impose new or amended terms or conditions subject to the observance of which, as from a specified date, the licence shall continue in force;
(b) cancel the licence as from a specified date;
(c) revoke or amend or add to any notice previously given under this subsection, or any part of such notice, or substitute a new notice for it.
(2) Unless the Authority considers that the continuation of the specified process to which the licence relates would be, or be likely to be, prejudicial to health he may exercise any power set out in subsection (1) in relation to that licence only with the prior approval of the Governor in Council, as to both the exercise of the power and the manner of the exercise of the power, or with the agreement of the licence holder.
(3) Subject to subsection (4), the date specified in a notice for the addition, revocation or amendment of any term or condition under paragraph (a) or (c) of subsection (1) or the cancellation of a licence under paragraph (b) thereof shall be not less than 90 days after the day on which the notice is given to the licence holder.
(4) Where in the opinion of the Authority it is necessary to add, revoke or amend a term or condition under paragraph (a) or (c) of subsection (1) or cancel a licence under paragraph (b) thereof because the continuation of the specified process to which the licence relates would be, or be likely to be, prejudicial to health, he may exercise any of the said powers with effect from such date as the circumstances may require and shall not be bound to comply with subsection (3).
(5) Where a notice is given under subsection (1), the person to whom the notice is given may, within the period of 30 days after such notice is given, make written submissions to the Authority as to why any new or amended terms and conditions should not be imposed or as to why the licence should not be cancelled.
(6) The Authority, on receipt of written submissions made by any person under subsection (5) may, after considering such submissions, exercise any of his powers under subsection (1)(c).

### Air Pollution Control Ordinance 《空氣污染管制條例》

18. Applications for and variations of licences
(1) A licence holder may apply to the Authority in the prescribed form for a variation of the licence.
(2) The application shall be accompanied by the prescribed fee.
(3) Section 14(3) and (4) shall apply for the purpose of publicly notifying an application under this section for the variation of a licence as if it were an application for a licence.
(4) The Authority may either grant the application, with or without modification, or refuse to grant it but shall not do so earlier than 40 days after the last notice is published in a newspaper pursuant to subsection (3).
(5) If the Authority refuses to grant an application or any part thereof he shall notify the applicant and shall inform him of the reasons for his refusal.
(6) Section 15(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence.
(7) The Authority may grant an application on such terms and conditions as he thinks fit (including terms and conditions relating to the matters set out in Schedule 2). (Amended 13 of 1993 s. 31)