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Environmental Pollution (Guernsey) Law, 2004 Part Vii - Air Pollution

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Committee for the Environment & Infrastructure - P.2016/67

pdf icon Amendment 1- Environmental Pollution (Guernsey) Law - Dep. B. L. Brehaut & Dep. M. H. Dorey [317kb]
pdf icon Amendment 2- (NOT TO BE LAID) Environmental Pollution (Guernsey) Law - Dep. L. C. Queripel & Dep. H. J. R. Soulsby [259kb]
pdf icon Amendment 3- Environmental Pollution (Guernsey) Law - Dep. L. C. Queripel & Dep. H. J. R. Soulsby [258kb]
pdf icon Amendment 4- Environmental Pollution (Guernsey) Law - Dep. R. H. Graham & Dep. J. S. Merrett [259kb]
pdf icon Amendment 5- Environmental Pollution (Guernsey) Law - Dep. L. C. Queripel & Dep. R. Prow [257kb]

The States are asked to decide: -

Whether, after consideration of the Policy Letter dated 30th November, 2016 entitled "Environmental Pollution (Guernsey) Law, 2004 Part Vii - Air Pollution", they are of the opinion:-

1. To approve the proposals set out in this policy letter (including appendices) to;

a) commence part VII of the 2004 Law,

b) set standards for local air quality consistent with those in the UK as proposed by paragraphs 10-13 to the Director's report,

c) prescribe the operations listed in paragraph 14 of the Director's report as operations requiring a licence under Part III of the 2004 Law, subject to provisions for exemptions as set out in paragraph 16 of the Director's report,

d) prohibit emissions of dark smoke subject to the exemptions listed in paragraph 21 of the Director's report,

e) require the prior approval of the installation of new commercial boilers and furnaces and to impose controls on emissions from existing commercial boilers and furnaces, subject to exemptions, as proposed in paragraphs 23-26 of the Director's report,

f) prohibit the uncontrolled burning of non-garden waste in the open air subject to exemptions as proposed in paragraphs 27-32 of the Director's report,

g) prohibit the use of gas oils and fuels oils with a sulphur content above the levels set out in paragraphs 35 of the Director's report subject to the exemptions as proposed in paragraphs 36-37 of the Director's report,

h) provide for powers for the Director to require information concerning air pollution by notice as proposed in paragraphs 41-44 of the Director's report;

i) provide for the standard necessary appeal, procedural, enforcement fee and transitional provisions relating to the above proposals as set out in paragraphs 62-65 of the Director's report; and

j) to direct the preparation of the necessary legislation to give effect to the above proposals.

The above Propositions have been submitted to Her Majesty's Procurer for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.

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Proposition - Environmental Pollution (Guernsey) Law, 2004 Part Vii – Air Pollution

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