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

20AA. Removal of exemption to certain classes of existing premises
(1) The Secretary may by order in the Gazette declare that after a date specified in the order an exemption from the requirement to comply with section 13 granted to the owner of a class of premises under section 20 no longer applies.
(2) The owner of premises previously exempt under section 20 shall not, after the date specified in the order made under subsection (1), use those premises, or permit those premises to be used, for the conduct of a specified process unless—
(a) he is the holder of a licence to use the premises for the conduct of the specified process; or
(b) he has applied to the Authority for a licence to use the premises for the conduct of the specified process in accordance with the requirements of section 14 and the Authority has not refused to grant the licence.
(3) An owner who contravenes subsection (2) commits an offence and is liable to a fine of $200,000 and to imprisonment for 6 months, and, in addition, if the offence is a continuing offence, to a further fine of $20,000 for each day during which the court is satisfied that the offence has continued.
(4) The owner of premises of a class for which an exemption no longer applies as a result of an order under subsection (1) is not entitled to compensation for loss caused by the removal of the exemption.
(Added 13 of 1993 s. 15)

20A. Cessation of exemption on conviction under section 19(3)
The owner of any premises who is convicted under section 19(3) of an offence relating to those premises shall cease to be exempt under section 20 from the operation of section 13 in respect of the premises.
(Added 23 of 1987 s. 7)

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

21. Cessation of exemption in certain circumstances and application for licence
(1) Without prejudice to the powers in section 22 when, on or in any premises used for the conduct of a specified process the owner of which is exempt under section 20 from the operation of section 13, for any reason, including addition, alteration or modification thereto or renewal thereof, any chimney or relevant plant used in or in connexion with the conduct of the specified process ceases to conform with any of the particulars in relation thereto—
(a) given by such owner under section 19; and
(b) recorded in a register kept under section 39(1)(b),
then, in respect of that part of the premises on or in which such chimney or relevant plant is situate, the owner thereof—
(i) shall cease to be exempt under section 20; and
(ii) shall apply forthwith under section 14 for a licence.
(2) Except where the Secretary directs otherwise, section 14(3) and (4) shall not apply in relation to an application for a licence in accordance with subsection (1)(ii), and section 15(1) as regards the period before which the Authority may not grant or refuse to grant a licence shall likewise not apply except where the Secretary has directed that section 14(3) shall apply. (Amended 23 of 1987 s. 8)
(3) Any owner who, without reasonable excuse, fails to comply with subsection (1)(ii) commits an offence and is liable to a fine of $200,000 and to imprisonment for 6 months and, in addition, if the offence is a continuing offence, to a fine of $20,000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 13 of 1993 s. 16)
(4) Where the owner of a premises applies for a licence in accordance with subsection (1)(ii), then, pending the grant or refusal to grant the licence, the operation of section 13 shall be suspended in relation to the part of the premises which has ceased to be exempt under subsection (1)(i) and which is referred to in the application made under section 14.

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

23. Exempted premises—approval of changes
(1) A person who is the owner of any premises used for the conduct of a specified process and who is exempt under section 20 from the operation of section 13 may apply to the Authority in the prescribed form for a variation or cancellation of any term or condition imposed by the Authority under section 22.
(2) An application under subsection (1) 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 as if it were an application for a licence.
(4) The Authority may either grant the application in whole or in part or refuse to grant it but shall not do so earlier than 30 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 on such conditions as he thinks fit (including terms and conditions relating to the matters set out in Schedule 2). (Amended 13 of 1993 s. 31)

24. Compensation for cancellation or variation of licences
Where a licence is, pursuant to section 17(1)—
(a) cancelled as provided in section 17(1)(b); or
(b) varied as provided in section 17(1)(a) so as to impose additional obligations on the licence holder,
the Authority shall be liable to pay compensation to the person whose licence is cancelled or varied if— (Amended 23 of 1987 s. 9)
(i) such cancellation or variation was effected with the prior approval of the Governor in Council pursuant to section 17(2); or
(ii) where the licence is cancelled or varied because 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, the possibility of such prejudice to health was known, or could with reasonable foresight have been known, to the Authority at the time the licence was granted or renewed; or
(iii) the prejudice to health mentioned in paragraph (ii) is a consequence of the fact of licences having been granted or renewed after the grant (or, where a licence has been renewed, the last renewal) of the licence which is cancelled or varied.

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

25. Compensation for cancellation or variation of exemptions with the approval of the Governor in Council
Where an exemption under section 20 is, pursuant to section 22—
(a) cancelled as provided in section 22(1)(b); or
(b) varied as provided in section 22(1)(a)(i) or (c) so as to impose additional obligations on the owner of the premises used for the conduct of the specified process to which the exemption relates,
the Authority shall be liable to pay compensation to the owner of the premises whose exemption is cancelled or varied if such cancellation or variation was effected with the prior approval of the Governor in Council pursuant to section 22(2).
(Amended 23 of 1987 s. 10)

26. Assessment of compensation
(1) Subject to subsection (2), the manner of determining the amount of compensation payable under sections 24 and 25, the factors to be taken into account or disregarded and the principles to be applied in determining that amount shall be such as may be prescribed in regulations made under section 43.
(2) The provisions of Schedule 4 shall have effect for the purposes of determining the amount of compensation payable under sections 24 and 25 and for the purposes of the incidental matters for which they provide. (Amended 13 of 1993 s. 17)

26A. Payment of annual charges by owners of exempted premises
Every owner of premises who is exempt under section 20 from the operation of section 13 shall pay such annual charge as may be prescribed.
(Added 23 of 1987 s. 11)