Environmental Pollution (Enforcement and Appeals) Ordinance, 2019

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The Environmental Pollution (Enforcement and Appeals) Ordinance, 2019

ARRANGEMENT OF SECTIONS

PART I

POWERS OF ENTRY AND TO MAKE REQUIREMENTS

1. Statutory powers of entry upon premises.

2. Warrant to enter dwelling.

3. Statutory powers to make requirements.

4. Statutory powers to take samples and do other necessary things.

5. Results of examination etc. to be provided by Director.

6. Obtaining information by written notice.

PART II

COMPLIANCE NOTICES

7. Compliance notices - prescribed operations.

8. Compliance notices in relation to provisions of the Air Pollution Ordinance.

9. Requirements for compliance notices under section 7 or 8.

PART III

THE APPEALS PANEL AND TRIBUNAL

10. Provisions relating to the Environmental and Public Health Appeals Panel and Tribunal.

11. Designation of President of Panel.

12. Duties of Director following service of summons.

13. Constitution and appointment of Tribunal.

14. Voting in hearings of Tribunal.

15. Hearings of Tribunal to be in public.

16. Procedure of the Tribunal.

17. Costs of the parties.

18. Costs, fees, expenses and allowances of Panel and Tribunal members and expert witnesses.

19. Appointment of secretary to the Panel or the Tribunal.

PART IV

MISCELLANEOUS PROVISIONS

20. Relationship with enforcement provisions under the Law.

21. Interpretation.

22. Consequential amendments.

23. Extent.

24. Citation.

25. Commencement.

SCHEDULE: Consequential amendments.

The Environmental Pollution (Enforcement and Appeals) Ordinance, 2019

THE STATES, in pursuance of their Resolutions of the 1^st February, 2017[a] and 27^th November, 2019[b], and in exercise of the powers conferred on them by sections 24(6), 58 to 62, 64 and 72 of the Environmental Pollution (Guernsey) Law, 2004[c], and all other powers enabling them in that behalf, hereby order:-

PART I

POWERS OF ENTRY AND TO MAKE REQUIREMENTS

Statutory powers of entry upon premises.

1. (1) Subject to subsection (3), the Director may enter any premises without the consent of the owner or occupier for any of the purposes indicated in subsection (2) and the power to enter created by this section includes the power for the Director to be accompanied by –

(a) any person authorised by the Director including, where the Director has reasonable cause to apprehend any serious obstruction in the carrying out of the Director's functions, a police officer, and

(b) any equipment or materials required for any purpose for which the power of entry is being exercised.

(2) The purposes are –

(a) establishing whether any prohibition, restriction, requirement or condition –

(i) imposed under the Law, and

(ii) for which the Director is responsible for regulating,

is being, or has been, complied with,

(b) where the Director reasonably believes that any premises or activity is a source, or potential source, of environmental pollution or nuisance –

(i) inspecting or examining any –

(A) plant or equipment,

(B) substance or article, or

(ii) investigating any contravention of any provision under the Law, or

(iii) taking any sample,

located upon or relating to those premises or that activity, and

(3) The power of entry under subsection (1) shall not be exercisable –

(a) in the case of private premises (other than in a case of emergency), unless –

(i) it is exercised at a reasonable time of the day, and

(ii) the Director –

(A) gives to the owner or occupier of the premises concerned at least 24 hours notice of the Director's intention to enter the premises, and

(B) if requested by the owner or occupier of the premises, produces evidence of the Director's authority, or

(b) in the case of premises used wholly as a dwelling except under, and in accordance with –

(i) the authority of a warrant issued by the Bailiff under, and

(ii) the provisions of,

section 2.

(4) In this section "private premises" means all premises other than premises –

(a) which are wholly owned and occupied by the States,

(b) which are used wholly as a dwelling, or

(c) which are, or have been (and the condition of which is reasonably believed to be such as to give rise to a significant risk of environmental pollution), used for the purposes of a prescribed operation.

Warrant to enter dwelling.

2. (1) If the Bailiff is satisfied by information on oath supplied by the Director that there are reasonable grounds for suspecting that any premises used wholly as a dwelling (or any articles or substances or other thing which may be in or on such dwelling) are in a condition giving rise to a significant risk of environmental pollution, the Bailiff may grant a warrant to the Director.

(2) A warrant granted under subsection (1) shall authorise the Director and any person authorised by the Director including, where the Director has reasonable cause to apprehend any serious obstruction in the carrying out of the Director's functions, a police officer, at any time within 28 days of the date of the grant –

(a) to enter the dwelling, and

(b) to exercise in respect of the dwelling (and any substances or articles or other things found in or on the dwelling), all such powers as the Director, and any person authorised by the Director, may exercise in respect of any other premises under this Part,

for one or more of the purposes indicated in section 1(2).

(3) The Bailiff must not issue a warrant under subsection (1) unless the Bailiff is satisfied –

(a) that the Director has given 7 days' notice in writing to the occupier of the dwelling in question demanding access to the dwelling, and

(b) that either –

(i) access was demanded at a reasonable hour and was unreasonably refused, or

(ii) although entry to the dwelling was granted, the occupier unreasonably refused to comply with a request by the Director or any person authorised by the Director to permit the Director or person to do any of the things referred to in subsection (2), and

(c) that the occupier has, after the refusal, been notified by the Director of the application for the warrant and has had an opportunity of being heard by the Bailiff on the question whether or not it should be issued.

(4) Subsection (3) shall not apply if the Bailiff is satisfied that the case is one of urgency or that compliance with those provisions would defeat the object of the entry.

(5) A person executing a warrant issued under this section may use such reasonable force as may be necessary.

(6) A warrant issued under this section must be executed at a reasonable hour unless it appears to the person executing it that there are grounds for suspecting that any material evidence of environmental pollution would not be found if it were so executed.

(7) If the person who occupies the dwelling in respect of which a warrant is issued under this section is present when the warrant is executed, the person must be shown the warrant and supplied with a copy of it; and if that person is not present a copy of the warrant must be left in a prominent place on the dwelling.

(8) A person seizing anything in pursuance of a warrant under this section must give a receipt for it if asked to do so.

Statutory powers to make requirements.

3. (1) Where the Director reasonably believes that any premises or activity is a source, or potential source, of environmental pollution or nuisance the Director may require –

(a) the occupier of those premises, or

(b) any person reasonably believed by the Director to be carrying on, or to have carried on, that activity,

to comply with any of the requirements indicated in subsection (2).

(2) The requirements for the purpose of subsection (1) are –

(a) to make available for examination by the Director any –

(i) plant or equipment,

(ii) substance or article, or

(iii) waste or by-product,

used, stored or produced at those premises or in connection with that activity,

(b) to provide the Director with such information, including records and other documents, relating to the premises or to that activity as the Director may reasonably require, and

(3) Anything provided or made available to the Director in compliance with a requirement under this section may be detained by the Director for so long as is necessary for all or any of the following purposes, namely –

(a) to take it for further examination (including dismantling it or subjecting it to any process or test (but not so as to damage or destroy it unless this is necessary)),

(b) to ensure that it is not tampered with before the Director's examination of it is completed, or

(i) as evidence in any proceedings for an offence under the Law, or

(ii) in connection with the enforcement of the requirements of a compliance notice or other notice issued under the Law.

Statutory powers to take samples and do other necessary things.

4. Where the Director reasonably believes that any premises or activity is a source, or potential source, of environmental pollution or nuisance the Director may, as regards any premises which the Director has power to enter under section 1–

(a) direct that those premises or any part of them, or anything in them, must be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under this Ordinance,

(b) take such measurements and photographs and make such recordings as the Director considers necessary for the purpose of any examination or investigation under this Ordinance,

(c) take samples of any article or substance found in or on any premises, and of the air, water or land in, on, or in the vicinity of, the premises,

(d) in the case of any article or substance found in or on any premises, being an article or substance which appears to the Director to have caused or to be likely to cause environmental pollution, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary), and

(e) in the case of any such article or substance as is mentioned in paragraph (d), to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely –

(i) to examine it and do to it anything which the Director has power to do under that paragraph,

(ii) to ensure that it is not tampered with before the Director's examination of it is completed,

(iii) to ensure that it is available for use –

(A) as evidence in any proceedings for an offence under the Law, or

(B) in connection with the enforcement of the requirements of a compliance notice or other notice issued under the Law.

Results of examination etc. to be provided by Director.

5. (1) Where, under this Part, the Director takes, is provided with or obtains any –

(a) plant or equipment,

(b) substance or article, or

the Director must, so far as is reasonably practicable, comply with the requirements of subsection (2).

(2) The requirements are –

(a) that the results of any examination of anything referred to in subsection (1) are made available to any person who, in the opinion of the Director, has a material interest in those results,

(b) that duplicates of any –

(i) substance or article, or

(ii) waste or by-product,

are provided to any person who, in the opinion of the Director, has a material interest in those duplicates, and

(c) that except in the case of waste, or any substance or article required to establish the commission of any offence under the Law, anything referred to in subsection (1) is returned to the person who, in the opinion of the Director, appears to be the rightful owner of the thing.

Obtaining information by written notice.

6. For the purpose of carrying out any function of the Director under Parts II, III, V, VI or IX of the Law, the Director may serve a written notice on any person requiring that person to provide such information specified in the notice as the Director reasonably considers is needed –

(a) in such form, and

(b) within such period following service of the notice,

as is specified in the notice.

PART II

COMPLIANCE NOTICES

Compliance notices - prescribed operations.

7. (1) If the Director is of the opinion that –

(a) a licensee –

(i) is contravening, or

(ii) is likely to contravene,

any term or condition of a licence issued to the licensee under the Law,

(b) as respects the carrying on of a prescribed operation for which a valid licence has been issued, that –

(i) to continue to carry it on, or

(ii) to continue to carry it on in a particular way,

gives rise to an imminent risk of environmental pollution or nuisance,

(i) is contravening, or

(ii) is likely to contravene,

any term or condition to which such exemption is subject under the Law, or

(d) as respects the carrying on of a prescribed operation by a person without holding a valid licence in contravention of section 13(4) of the Law, that the carrying on of that operation without a licence gives rise to a risk of environmental pollution or nuisance,

the Director may serve a compliance notice on the licensee or the person carrying on the operation.

(2) A compliance notice issued under subsection (1), must –

(a) as respects a notice served on a licensee, or a person carrying on an operation, as the case may be, under subsection (1)(a) or (c) –

(i) state that the Director is of the opinion that a contravention of a term or condition of a licence or an exemption, as the case may be –

(A) is taking place, or

(B) is likely to take place,

(ii) specify the matters –

(A) constituting the contravention, or

(B) making it likely that a contravention will take place,

(iii) specify the steps that must be taken –

(A) to remedy the contravention, or

(B) to remedy the matters making it likely that the contravention will arise,

(iv) identify by name or description the person required to take the steps specified under subparagraph (iii), and

(v) specify the period within which the steps specified under subparagraph (iii) must be taken, and

(b) as respects a notice served on a person carrying on the operation under subsection (1)(b) –

(i) state that the Director is of the opinion that –

(A) to continue to carry on a prescribed operation, or

(B) to continue to carry on a prescribed operation in a particular way,

gives rise to an imminent risk of environmental pollution or nuisance,

(ii) specify the nature of the risk involved,

(iii) specify the steps that must be taken to eliminate or remove the risk involved,

(iv) identify by name or description the person required to take the steps specified under subparagraph (iii),

(v) specify the period within which the steps specified under subparagraph (iii) must be taken, and

(vi) direct that the licence relating to the prescribed operation is, insofar as it authorises the activity giving rise to the risk involved, suspended until the steps specified under subparagraph (iii) have been taken to the satisfaction of the Director, and

(i) state that the Director is of the opinion that the carrying on of the prescribed operation without a licence gives rise to a risk of environmental pollution or nuisance,

(ii) specify the nature of the risk involved,

(iii) specify the steps that must be taken to eliminate or remove the risk involved,

(iv) identify by name or description the person required to take the steps specified under subparagraph (iii),

(v) specify the period within which the steps specified under subparagraph (iii) must be taken, and

(vi) specify that a person who causes or permits the occurrence or the risk of environmental pollution, by contravening section 13(4) of the Law, is guilty of an offence under section 65(2) of the Law.

Compliance notices in relation to provisions of the Air Pollution Ordinance.

8. (1) If the Director is of the opinion that –

(a) a person is contravening or is likely to contravene any term or condition of an approval issued to the person under the Air Pollution Ordinance,

(b) a person is contravening or is likely to contravene any prohibition, restriction, requirement or condition imposed on that person under the Air Pollution Ordinance, other than one in relation to which a compliance notice may be served under section 7, or

(c) a person is contravening or is likely to contravene any term, condition or proviso of any exemption or disapplication (however worded) from any prohibition, restriction or requirement under the Air Pollution Ordinance,

the Director may serve a compliance notice on that person.

(2) A compliance notice issued under subsection (1) must –

(a) state that the Director is of the opinion that a contravention of –

(i) a term or condition of an approval referred to in subsection (1)(a),

(ii) any prohibition, restriction, requirement or condition referred to in subsection (1)(b), or

(iii) any term, condition or proviso of any exemption or disapplication referred to in subsection (1)(c),

as the case may be, is taking place or is likely to take place,

(b) specify the matters –

(i) constituting the contravention, or

(ii) making it likely that a contravention will take place,

(i) to remedy the contravention, or

(ii) to remedy the matters making it likely that the contravention will arise,

(d) identify by name or description the person required to take the steps specified under paragraph (c), and

(e) specify the period within which the steps specified under paragraph (c) must be taken.

Requirements for compliance notices issued under section 7 or 8.

9. A compliance notice issued under section 7 or 8 must –

(a) state the provision of this Ordinance under which it is served,

(b) specify that the notice is a compliance notice within the meaning of section 62(1) of the Law and that –

(i) if a requirement of it is not, in the Director's opinion, adequately complied with within the relevant period specified in the notice, the Director may take action to secure compliance under section 63 of the Law, and

(ii) a person who contravenes it is guilty of an offence under section 66(1) of the Law, and

PART III

THE APPEALS PANEL AND TRIBUNAL

Provisions relating to the Environmental and Public Health Appeals Panel and Tribunal.

10. The provisions of sections 11 to 19 shall have effect in relation to –

(a) the Environmental and Public Health Appeals Panel ("the Panel") drawn up under the provisions of section 24(1) of the Law, and

(b) an Environmental and Public Health Appeals Tribunal ("the Tribunal") appointed under the provisions of section 24(5) of the Law.

Designation of President of Panel.

11. The States must, when drawing up the Panel under the provisions of section 24(1) of the Law, designate one of the members of the Panel as President and another as vice-President thereof.

Duties of Director following service of summons.

12. (1) Where an appeal to the Tribunal against a decision of the Director is instituted by summons in accordance with the provisions of section 25 of the Law the Director must, within 7 days after service of the summons upon the Director –

(a) send a copy thereof to the President of the Panel (or, if the President is unavailable, to the vice-President), together with copies of the documents described in subsection (2) which –

(i) have been served upon the Director with the summons, or

(ii) are otherwise available to the Director,

(b) request the President (or, if the President is unavailable, the vice-President) to appoint from the membership of the Panel the members of the Tribunal to hear and determine the appeal, and

(c) notify the appellant that the Director has sent a copy of the summons to the President, or the vice-President, as the case may be.

(2) The documents for the purpose of subsection (1)(a) are –

(a) any statement of the grounds of appeal,

(b) where the appeal relates to a decision concerning a licence or an approval –

(i) any relevant form of application,

(ii) any plans, maps or other documents accompanying the application, and

(iii) any relevant licence or approval,

(c) where the appeal relates to a decision concerning a determination under section 10(5) of the Law, any statement of the information to which the determination relates,

(d) where the appeal relates to a decision to refuse to consent to a collection or transport of specially controlled waste under section 28(4)(b) of the 2010 Ordinance, any proposed consignment note served on the Director under section 28(2) of the 2010 Ordinance,

(e) where the appeal relates to a decision concerning the issue of a compliance notice or other notice, the notice,

(f) any relevant correspondence,

(g) any other document the Director believes is relevant for the purpose of enabling the determination of the appeal, and

(h) any statement made by, or on behalf of, the appellant indicating whether the appellant wishes the appeal to be dealt with –

(i) by way of a hearing, or

(ii) on the basis of written representations, without any hearing.

(3) For the purposes of subsection (2)(b), "a decision concerning a licence" includes –

(a) a decision of a description set out in section 25(3)(b) to (i) of the Law, and

(b) such other description of decision prescribed by Ordinance under section 25(3)(k) of the Law, which relates to or concerns a licence in any manner whatsoever.

Constitution and appointment of Tribunal.

13. (1) The Tribunal shall consist of a minimum of three and a maximum of five persons drawn from the Panel and appointed in accordance with subsection (2).

(2) Following receipt of a request under section 12(1)(b), the President or, if the President is unavailable, the vice-President of the Panel must –

(a) from the members of the Panel, appoint the members of the Tribunal who are to hear and determine the appeal,

(b) nominate one of the members so appointed to chair the Tribunal, and

(c) unless the President or vice-President determines otherwise, cause notice to be given in La Gazette Officielle, or in such other manner as the President or vice-President thinks fit, of –

(i) the appointment and nomination under paragraphs (a) and (b), and

(ii) the reason for which the Tribunal has been appointed.

(3) For the avoidance of doubt, the President or vice-President may be appointed or nominated, as the case may be, under subsection (2)(a) and (b).

Voting in hearings of Tribunal.

14. (1) Each member of the Tribunal shall, subject to subsection (2), have one vote, and the decisions of the Tribunal shall be taken by a simple majority.

(2) The person chairing the Tribunal shall not have a vote except where there is an equality of votes, in which case the person chairing shall have a casting vote.

Hearings of Tribunal to be in public.

15. (1) A hearing before the Tribunal must be held in public unless the Tribunal directs otherwise on the ground that it is dealing with evidence or representations –

(a) which are commercially confidential, or

(b) which, in the opinion of a Law Officer of the Crown, should be treated as confidential for the purpose of safeguarding the security of the British Islands.

(2) The Tribunal may at any time exclude, from a hearing or any part thereof, any person who, in its opinion, is acting in a disruptive manner and may–

(a) refuse to permit that person to return, or

(b) permit that person to return only on such conditions as the Tribunal may specify,

but any such person may submit to the Tribunal any evidence or other matter in writing before the close of the hearing.

Procedure of the Tribunal.

16. (1) The Committee for the Environment & Infrastructure may, if requested by the Panel, by order prescribe rules of procedure making such provision as the Committee, acting upon the advice of the Panel, thinks fit in relation to –

(a) the hearing, investigation, settlement and determination by the Tribunal of appeals,

(b) the proceedings and powers of the Tribunal including, without limitation, provision as to procedure (including the method of pleading, the practice to be followed, the means by which particular facts may be proved and the method by which evidence may be given),

(d) the carrying out by the Tribunal of any of its functions under the Law, and

(e) ancillary matters.

(2) Rules of procedure under subsection (1) may, without limitation –

(a) regulate procedure in connection with matters preparatory to hearings (including the publication of notice of hearings) and subsequent to hearings (including the publication, interpretation and enforcement of decisions and reasons for decisions), as well as in connection with the conduct of hearings,

(b) make provision for the striking out of appeals (or of any claim or application in an appeal), and

(3) The Tribunal shall, subject to the provisions of this Part, and subject also to the provisions of any rules of procedure made by the Committee for the Environment & Infrastructure under this section, determine its own procedure.

Costs of the parties.

17. Each party to an appeal shall bear its own costs incurred in connection with an appeal and, for the avoidance of doubt, the Tribunal shall not have any power to order that the costs of an appeal, or any part thereof, incurred by one party shall be paid for by another.

Costs, fees, expenses and allowances of Panel and Tribunal members and expert witnesses.

18. (1) There shall be paid to the members of the Panel and the Tribunal such allowances as the Committee for the Environment & Infrastructure may determine, together with the travelling and other expenses incurred by them in connection with the exercise of their functions under the Law.

(2) There shall be paid to any expert or other advisor, appointed by the Tribunal to advise in connection with the determination of any particular appeal, the reasonable charges claimed by that expert or advisor, together with any travelling and other expenses incurred by that expert or advisor in connection with the provision of their advice.

(3) The costs, fees, expenses and allowances described in this section must be paid by the Committee for the Environment & Infrastructure from the general revenue account of the States.

Appointment of secretary to the Panel or the Tribunal.

19. The Committee for the Environment & Infrastructure may –

(a) appoint a secretary to the Panel or to the Tribunal on such terms and conditions and with such functions, and

(b) provide such other officers and facilities to the Panel or the Tribunal as the Committee thinks fit.

PART IV

MISCELLANEOUS PROVISIONS

Relationship with enforcement provisions under the Law.

20. (1) For the avoidance of doubt, the enforcement functions exercisable by the Director under this Ordinance are exercisable in addition to, and not in substitution for, enforcement functions exercisable by the Director under the Law.

(2) The institution of criminal proceedings under sections 65 to 68 of the Law does not –

(a) prevent the exercise by the Director of the power to issue a compliance notice or other notice under the Law, or

(b) prejudice the continuation of any proceeding or the taking of any action under section 63 of the Law.

Interpretation.

21. (1) In this Ordinance, unless the context requires otherwise -

"2010 Ordinance" means the Environmental Pollution (Waste Control and Disposal) Ordinance, 2010[d],

"the Air Pollution Ordinance" means the Environmental Pollution (Air Pollution) Ordinance, 2019,

"Guernsey" includes the Islands of Guernsey, Herm and Jethou, all other islands, islets and rocks around the coasts of those Islands, whether or not attached at low water, and all of the territorial waters adjacent thereto,

"the Law" means the Environmental Pollution (Guernsey) Law, 2004,

"notify" means notify in writing,

"the Panel": see section 10(a),

"plant" includes any type of machinery, implement or apparatus, whether affixed to or at a specific site or capable of being operated at more than one site,

"prescribed operation": see section 13(1) of the Law, section 1 of the 2010 Ordinance, and section 2 of the Air Pollution Ordinance,

"President of the Panel" means the person designated as President of the Environmental and Public Health Appeals Panel under section 11,

"specially controlled waste": see section 37(1) of the Law and section 26 of the 2010 Ordinance,

"specified" means specified in writing by the Director,

"the Tribunal": see section 10(b),

"vice-President" means the person designated as vice-President of the Environmental and Public Health Appeals Panel under section 11, and

"water": see section 2(4)(b) of the Law.

Consequential amendments.

22. The Schedule, which provides for consequential amendments, has effect.

Extent.

23. This Ordinance has effect in Guernsey.

Citation.

24. This Ordinance may be cited as the Environmental Pollution (Enforcement and Appeals) Ordinance, 2019.

Commencement.

25. This Ordinance shall come into force on the 2^nd of December, 2019.

SCHEDULE

Section 22

CONSEQUENTIAL AMENDMENTS

Amendment of the 2010 Ordinance-

1. The 2010 Ordinance is amended as follows -

(a) sections 7 to 16 of Part II (appeals) and Part VI (Director's statutory powers of entry, examination, inspection and investigation and to issue compliance notices) are repealed, and

(b) in section 42(1) (interpretation), the definitions of "Bailiff", "compliance notice", "Committee for the Environment & Infrastructure", "Law Officer of the Crown", "nuisance", "Panel", "police officer", "President of the Panel", "the Tribunal" and "vice-President" are repealed.

Amendment of the Environmental Pollution (Public Register) Regulations, 2010.

2. (1) The Environmental Pollution (Public Register) Regulations, 2010[e] are amended as follows.

(2) For each reference to "Part VI of the Ordinance" substitute "the Environmental Pollution (Enforcement and Appeals) Ordinance, 2019".

(3) In regulation 3(1) (interpretation) -

(a) in the definition of "compliance notice", for "section 41 of the Ordinance" substitute "sections 7 and 8 of the Environmental Pollution (Enforcement and Appeals) Ordinance, 2019, and

(b) in the definition of "inspection and monitoring activities" –

(i) in paragraph (a), for "section 35, 37 or 38 of the Ordinance" substitute "section 1, 3 or 4 of the Environmental Pollution (Enforcement and Appeals) Ordinance, 2019",

(ii) in paragraph (b), for "section 36 of the Ordinance" substitute "section 2 of the Environmental Pollution (Enforcement and Appeals) Ordinance, 2019", and

(iii) in the definition of "a prescribed operation", for "and section 1 of the Ordinance" substitute ", section 1 of the Ordinance and section 2 of the Environmental Pollution (Air Pollution) Ordinance, 2019".

Amendment of the Environmental Pollution (Appeals and References) Order, 2010.

3. (1) The Environmental Pollution (Appeals and References) Order, 2010[f] is amended as follows.

(2) In article 13(1) (interpretation) –

(a) for the definition of "the Ordinance" substitute -

""the Ordinance" means the Environmental Pollution (Enforcement and Appeals) Ordinance, 2019,",

(b) in the definition of "person chairing the Tribunal" for "section 10(2)(b)" substitute "section (13)(2)(b)",

(d) in the definition of "the Secretary" for "section 16" substitute "section 19", and

(e) in the definition of "vice-President of the Panel", for section 8" substitute "section 11".

[a]	Article III of Billet d'État No. III of 2017.
[b]	Article IX of Billet d'État No. XXIII of 2019.
[c]	Order in Council No. XIII of 2004; as amended by Order in Council No. XIII of 2010; Nos. XV and XVI of 2015; Ordinance No. XXXIII of 2003; No. XXXVIII of 2006; No. XLIX of 2006; No. XIII of 2007; No. XVIII of 2010; No. V of 2011 and No. IX of 2016.
[d]	Ordinance No. XVIII of 2010; as amended by Ordinance No. IX of 2016.
[e]	G.S.I. No. 52 of 2010.
[f]	Order of the Royal Court No. IV of 2010.