« EelmineJätka »
A.D. 1906. such owner or occupier requiring him to abate mosphere by a chimney or other final A.D. 1906.
the nuisance; and, if such owner or occupier outlet, where the amount of such acid
phuric acid, where the total acidity of
such acid gases (including those from the SULPHURIC ACI]), MURIATIC ACID, AND OTHER
combustion of coal) in each cubic foot of SPECIFIED WORKS.
air, smoke, or gases so discharged does
not exceed what is equivalent to one Londen- 6.-(1) Every sulphuric acid work as defined
grain and a half of sulphuric anhydride.
in paragraph (1) of the First Schedule to this
(2) If the owner of any such work fails, in
the opinion of the court having cognizance of
the matter, to use such means, he shall be w works.
the chief inspector, of the acid gases of sulphur
liable to a fine not exceeding in the case of
the first offence twenty pounds, and in the acid in that work, to such an extent that the
case of every subsequent offence fifty pounds, total acidity of those gases in each cubic foot
with a further sum not exceeding five pounds of residual gases after completion of the
for every day during which any such subge
quent offence has continued.
8.-(1) An inspector may inquire whether, Provisional lent to four grains of sulphuric anhydride.
in any works in which aluminous deposits are Order to (2) Every muriatic acid work as defined in treated for the purpose of making cement
charge of paragraph (8) of the First Schedule to this
(hereinafter called cement works) or in any noxious or Act shall be carried on in such manner as to works in which sulphide ores, including
in cement secure the condensation to the satisfaction of
regulus, are calcined or smelted (hereinafter and smeltthe chief inspector of the muriatic acid gas
called smelting works), means can be adopted ing works. evolved in such work, to such extent that in
at a reasonable expense for preventing the each cubic foot of air, smoke, or chimney
discharge from the furnaces or chimneys of gases escaping from the work into the atmo
such works into the atmosphere of any noxious sphere there is not contained more than one
or offensive gas evolved in such works, or for fifth part of a grain of muriatic acid.
rendering such gas where discharged harmless (3) The owner of any sulphuric acid work or
or inoffensive. of any muriatic acid work which is carried on
(2) Where it appears to the Local Govern. in contravention of this section shall be liable
ment Board that such means can be adopted to a fine not exceeding in the case of the first
at a reasonable expense, the Board may by offence fifty pounds, and in the case of every order require the owners of such works to subsequent offence one hundred pounds.
adopt the best practicable means for the purPretention 7.-(1) The owner of any work specified in pose, and may by the order limit the amount
discharge the First Schedule to this Act (herein-after re- or proportion, in the case of cement works or denisive ferred to as a scheduled work) shall use the smelting works, of any noxious or offensive
best practicable means for preventing the es- gas which is to be permitted to escape from
cape of noxious or offensive gases by the exit such works into the chimney or into the
therein by Parliament; and the expression
smoke, or gases discharged into the at- deemed to include an order so confirmed, so
A.D. 1906. far as is consistent with the tenor of that before the commencement of this Act required A.D. 1906. order.
to be registered.
forms of certificate for the purpose.
within one month after such change be sent
without charge and without the issue of a
so required the work shall not be deemed to be
certified to be registered.
(8) The owner of a work which has been (i) Registration of Works.
carried on in contravention of this section Registration 9.-(1) An alkali work, a scheduled work, a
sball be liable to a fine not exceeding fifty of works, and stamp cement work, or a smelting work shall not be pounds. duty. carried on unless it is certified to be regis.
(ii) Inspection. tered.
10.-(1) The Local Government Board shall, Appoint(2) The work shall be registered in a regis
with the approval of the Treasury as to inspectors. ter containing the prescribed particulars, and numbers and salaries or remuneration, appoint the register shall be conducted and the cer- such inspectors (under whatever title they tificates issued in the prescribed manner.
may fix) as the Board think necessary for the (3) A certificate of registration, if issued at execution of this Act, and may assign them a time when a previous certificate is in force,
their duties and award them their salaries or shall be in force for one year after the time remuneration, and shall constitute a chief when that certificate ceases to be in force, and
inspector, and may regulate the cases and
tors under this Act, and may remove such
(2) Notice of the appointment of every such
evidence of the appointment.
(5) A certificate of registration shall be spectors, and such expenses of the execution
of this Act as the Treasury may sanction,
the Local Government Board.
avoidable absence of the chief inspector, the
Local Government Board may appoint any
Disqualifimay dispense with the last-mentioned con. (a) acts or practises as a land agent; or cation of dition in the case of works erected before the (6) is engaged or interested directly or
certain commencement of this Act which were not indirectly in any work to which this inspectors.
Act applies, or in any patent for any (3) The owner of every such work and his A.D. 1906.
obstructing an inspector in the execution of
with any work to which this Act applies, conviction under the Summary Jurisdiction
13. The chief inspector shall, on or before Annual shall be disqualified to act as an inspector the first day of March in every year, make a
Local under this Act.
report in writing to the Local Government Govern12.-(1) For the purpose of the execution of
Board of the proceedings of himself and of the ment Board. this Act, an inspector may at all reasonable
other inspectors under this Act, and a copy of times by day and night, without giving pre
such report shall be laid before both Houses of
14.-(1) If any sanitary anthority apply to Additional
inspector on the opinion of the Local Government tor under this Act, and undertake to pay a of sanitary
application Board, any of the provisions of this Act proportion of his salary or remuneration, not authorities. applies; and
being less than one half, the Local Government (6) examine any process causing the evolu.
Board may (if they see fit), with the sanction tion of any noxious or offensive gas, and
of the Treasury, appoint an additional inspec. any apparatus for condensing any snch
tor under this Act, to reside within a congas, or otherwise preventing the discharge
venient distance of the works he is required thereof into the atmosphere, or for ren
to inspect; and such inspector shall have the dering any such gas harmless or inoffen. same powers and be subject to the same power sive when discharged; and
of removal and to the same regulations and (c) ascertain the quantity of gas discharged
liabilities as other inspectors under this Act. into the atmosphere, condensed or other- (2) The proportion of salary or remuneration wise dealt with; and
aforesaid shall be paid at the prescribed times (d) enter and inspect any place where alkali
into the Exchequer, and shall be a debt due
from the sanitary authority to the Crown.
(iii) Special Rules.
15.-(1) The owner of an alkali work or of a Power of drainage therefrom is likely to come into scheduled work may, with the sanction of the workers of contact with alkali waste or drainage central authority, make special rules for the make special therefrom ; and
guidance of his workmen who are employed in rules. (e) apply any such tests and make any such or in connexion with any process causing the experiments, and generally make all such
evolution of any noxious or offensive gas, or inquiries, as seem to him to be necessary in or in connexion with the condensation or or proper for the execution of his duties
other treatment of that gas, and may annex
fines to any violation of such rules, so that
Summary Jurisdiction Acts.
A.D. 1906. Provision as 16. In calculating the proportion of acid to of the registered or ostensible owner of
a cubic foot of air, smoke, or gases, for the the work, or the title of the firm by which tion of acid.
purposes of this Act, such air, smoke, or gases the employer of persons in such work is
under this Act for more than one offence in
of any one day. against Act offences under this Act other than fines
(3) Not less than twenty-one days before the in county recoverable summarily :
hearing of any proceeding against an owner to court. (1) Every such fine shall be recovered by
recover a fine under this Act for failing to action in the county court having juris
secure the condensation of any gas to the diction in the district in which the offence
satisfaction of the chief inspector, or for is alleged to have been committed :
failing to use the best practicable means as (2) The action shall not be bronght without required by this Act, an inspector shall serve the sanction of the central authority, nor
on the owner proceeded against a notice in by any person other than the chief inspec. writing stating: as the case requires, either tor or such other inspector as the Local
the facts on which such chief inspector founds Government Board may in any particular
his opinion, or the means which such owner case direct, nor, except as respects a fine
has failed to use, and the means which, in the for the contravention of the provisions of
chief inspector's opinion, would suffice, and this Act as to the registration of works,
shall produce a copy of such notice Lefore the after the expiration of three months from
court having cognisance of the matter. the commission of the offence, and for the
(4) A person shall not be liable under this purposes of such action the fine shall
Act to an increased fine in respect of a second be deemed to be a debt due to such
offence, or in respect of a third or any subseinspector :
quent offence, unless a fine has been recovered (3) The plaintiff in any action for a fine
within the preceding twelve months against under this Act shall be presumed to be
such person for the first offence, or for the
second or other offence, as the case may be. an inspector authorised under this Act to bring the action, until the contrary is 19. All fines recovered under this Act, Applicatio proved by the defendant :
other than those recovered summarily, shall of fines. (4) The court may, on the application of be paid into the Exchequer.
either party, appoint a person to take 20. The owner of a work in which an Discharge down in writing the evidence of the wit
offence under this Act other than an offence owner on nesses, and may award to that person
conviction such remuneration as the court thinks
against a special rule has been proved to have just; and the amount so awarded shall
been committed shall in every case be deemed offender.
to have committed the offence, and shall be be deemed to be costs in the action :
liable to pay the fine, unless he proves, to the
satisfaction of the court before which any
proceeding is instituted to recover such fine,
that he has used due diligence to comply with
and to enforce the execution of this Act, and
that the offence in question was committed,
without his knowledge, consent, or connivance,
by some agent servant or workman, whom he
shall charge by name as the actual offender; county courts, and to enforcing judgments
in which case snch agent servant or workman
shall be liable to pay the fine, and proceedings
may be taken against him for the recovery
thereof and of the costs of all proceedings within the ordinary jurisdiction of the
which may be taken either against himself or court.
against the owner under this Act : Further
18.-(1) In any proceeding under this Act Provided that it shall be lawful for the provisions in relation to a fine for an offence other than inspector to proceed against the person whom recovery an offence against a special rule
he believes to be the actual offender, without (a) It shall be sufficient to allege that any first proceeding against the owner, in any county
work is a work to which this Act applies, case where the inspector is satisfied that the
owner has used all due diligence to comply
of fines in
tion of terms.
A.D. 1906. with and to enforce the provisions of this Act,
and that the offence has been committed by that person without the knowledge, consent, or
connivance of the owner. Service of 21. Any notice, summons, or other document notices.
required or authorised for the purposes of this Act to be delivered to or served on or sent to the owner of any work, may be served by post or by delivering the same to the owner, or at his residence or works; and the document shall be deemed to be properly addressed if ad. dressed to the registered address of an owner, or, when required to be served on or sent to the owner of any works, if addressed to the owner of the works at the works, with the addition of the proper postal address, but
without naming the person who is the owner. Complaint 22.-(1) Where complaint is made to the by sanitary central authority by any sanitary authority, sashority in
on information given by any of their officers, misance. or any ten inhabitants of their district, that
any work to which this Act applies is carried on (either within or without the district) in contravention of this Act, or that any alkali waste is deposited or discharged (either within or without the district) in contravention of this Act, and that a nuisance is occasioned thereby to any of the inhabitants of their district, the central authority shall make such inquiry into the matters complained of, and after the inquiry may direct such proceedings to be taken by an inspector as they think fit and just.
(2) The sanitary authority complaining shall, if so required by the central authority, pay the
any such inquiry. Actions in 23.-(1) Where a nuisance arising from the case of con- discharge of any noxious or offensive gas or misance. gases is wholly or partially caused by the acts
or defaults of the owners of several works to which any of the provisions of this Act applies, any person injured by such nuisance may proceed against any one or more of such owners, and may recover damages from each owner made a defendant in proportion to the extent of the contribution of That defendant to the nuisance, notwithstanding that the act or default of that defendant would not separately have caused a nuisance.
(2) This section shall not authorise the recovery of damages from any defendant who can produce a certificate from the chief inspector that in the works of that defendant the requirements of this Act have been complied with and were complied with when the nuisance arose.
(v) Miscellaneous. Expenses 24. Any expenses incurred by a sanitary e sanitary authority under this Act shall be defrayed as authorities.
general expenses incurred by the authority in the execution of the Public Health Act.
25. In determining any matter which under A.D. 1906. this Act is to be determined by the chief inspec- Determinator, the chief inspector may found his opinion tion of on facts disclosed by his own examination, or
by chief by an examination by any other inspector. inspector.
26.—(1) For a period of three years after the Temporary commencement of this Act paragraph (6) of provision as section seven of this Act shall apply, where heat pan the process for the concentration of sulphuric process. acid is that known as the over-heat pan process, as if in that paragraph two grains of sulphuric anhydride were substituted for one grain and a half of sulphuric anhydride.
(2) For the purposes of this section “the over-heat pan process. means the process in which the concentration of sulphuric acid is effected by the passage of the heated gases resulting from the combustion of fuel over the surface of the acid.
27.-(1) In this Act, unless the context Interpretaotherwise requires, The expression “alkali work” means every work for(a) the manufacture of sulphate of soda
or sulphate of potash, or
common salt or other chlorides where
by any sulphate is formed,
solely from the combustion of coal;
mony, arsenic, zinc, or their com
Fames from tar works;
occupier, or any other person carrying on
where used with respect to the prevention