Cap. 200 Art. 3Prohibition of dark smoke from chimneys.

(1) Subject to the provisions of this Act, dark smoke shall not be emitted from a chimney of any building, and if, on any day, dark smoke is so emitted, the occupier of the building shall be guilty of an offence.

(2) Emissions of smoke from any chimney lasting for not longer than such periods as may be specified by the Minister by regulations made under article 13 shall, in such classes of cases and subject to such limitations as may be so specified, be left out of account for the purposes of this article.

(3) In any proceedings for an offence under this article it shall be a defence to prove that -

(a) the contravention complained of was solely due to some failure of a furnace or of apparatus used in connection with a furnace; and

(b) such failure could not reasonably have been foreseen, or, if foreseen, could not reasonably have been provided against; and

(c) the contravention could not reasonably have been prevented or minimised by action taken after the failure occurred.

(4) This article shall apply in relation to a chimney serving the furnace of any boiler of industrial plant (being a boiler or plant attached to a building or for the time being fixed to or installed on any land) as it applies in relation to a chimney of a building: Provided that, in relation to any such chimney as aforesaid which is not a chimney of a building, the reference in this article to the occupier of the building shall be construed as a reference to the person having possession of the boiler or plant.