Environment Protection Act (Cap. 549), article 55

55. (1) Regulations under this Act shall be made by the Minister after consultation with the Authority and, except for regulations under article 54(2)( a), ( b) and ( u) and in the cases referred to in sub-article (2) hereof, shall not be made unless a draft of the said regulations has been issued for public consultation thereby allowing any person a per iod of at least four weeks to make representations to the Minister or to the Authority or to both stating how in his opinion the proposed regulations could be improved t o reach their ultimate aim. (2) The provisions of sub-arti cle (1) with regard to the publication of a draft of the regulations for public consultati on shall not apply in respect to any regulations, which the Minist er declares to be urgent, or when a form of public consultation wa s carried out before th e date of coming into force of this Act. (3) Any person may, in the circumstances referred to in sub- article (1) in respect of draft regulations, not later than one month after the promulgation of any regulations made in accordance wi th sub-article (2) make submissions to the Minister and, or to the 40 [CAP. 549. ENVIRONMENT PROTECTION Authority stating why and how the regulations should be revoked or amended. (4) The Authority shall consider any representations made to it under sub-articles (1) and (3) an d shall report thereon, after hearing such persons or taking such expert advice as it considers exped ient, to the Minister together with any other views it may have on th e draft published under s ub-article (1) or the regulations made u nder sub-article (2), and the Ministe r may, upon receipt of the repo rt by the Authority and any representations received by him, proceed to revise the draft regulations and to promulgate such regulations in accordance with such revision, or to amend any regulations alre ady promulgated; provided that where the Authority has not after th e lapse of four weeks after the end of the period for representat ion referred to in sub-article (1) h as elapsed, not made the report or has not given its views to the Minister, the Minister may proceed t o promulgate the regulations contained in the draft with or witho ut changes as he may deem expedient, without prejudice to the possibility of making any changes upon the receipt of such report and views when made. (5) When the Minister makes regulations concerning the procedure before the Authority or any board or other body established under this Act, he shall also consult the Authority or such board or body: Provided that regulations concerning the procedure before the Court of Appeal and appeals before it under this Act shall be made by the Minister responsible for Justice in concurrence wit h the Minister: Provided further that regulations concerning the establishment or variation of any fee shall be made by the Mini ster with the concurrence of the Min ister responsible for finance. Orders. 56. (1) Without prejudice to any other provisions of this Act, the Authority may make orders regulating activities which may otherwise require the submission of an application prior to the ir carrying out, including any notification thereof, or any aspect thereof, in such circumstances and under such conditions as may be specified in the order, being activities within the scope of, a nd not in conflict with any plan or po licy approved under this Act. (2) An order shall be published in the Gazette and shall have effect from the date specified o r indicated therein. The activi ty or any aspect thereof regulated by such an order shall be called "exempt activity" and an order regulating activity shall be cal led "activity order". (3) The order may enable the Authority to prohibit the commencement of an activity, or require the discontinuance of a n activity that has been carried out in breach of the provisions of this Act and in contravention of any order or provision aforesaid, a nd for applying any of the provisions of this Act with respect to enforcement, subject to such adaptations and modifications as m ay be specified in the order, or otherwise provide for the enforce ment of the order and of any notices issued thereunder. ENVIRONMENT PROTECTION [CAP. 549. 41 (4) The Authority shall periodically review the orders. (5) An order may regulate: (a) an activity described as permitted in an order which does not require that written notification of such activity be given to the Authority; (b) an activity described as permitted in an order provided that written notification of such activity is to be given to the Authority; (c) an activity described as permitted in an order provided that written notification of such activity is to be given to the Authority and the Authority has endorsed such activity as being permitted: Provided that the Authority shall have the right to: (i) reject any such notification given under paragraphs ( b) and ( c), inter alia on grounds of non-compliance with any provisions of the order or of this Act, or in th e event of any incorrect, incomplete or misleading content, or other broadly similar material consideration relating to the wider case context; and (ii) where its endorsement is required, to refuse, partially endorse or conditionally endorse the activity, as appropriate. (6) No activity in terms of an order may be carried out on a sit e if on the said site an activity has been carried out in breach of the provisions of this Act, unless that activity is one which the Authority may prescribe and which is covered by an order as mentioned in sub-article (5). Access to information.