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Control of Smoke Pollution Act 1989

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2Extension of offence of emitting dark smoke from industrial or trade premises

(1)In subsection (1) of section 1 of the [1968 c. 62.] Clean Air Act 1968 (occupier of premises from which dark smoke is emitted to be guilty of an offence) after the words “occupier of the premises” there shall be inserted the words “and any person who causes or permits the emission”.

(2)After that subsection there shall be inserted—

(1A)For the purposes of subsection (1) above, there shall be taken to have been an emission of dark smoke from industrial or trade premises in any case where—

(a)material is burned on those premises, and

(b)the circumstances are such that the burning would be likely to give rise to the emission of dark smoke,

unless the occupier or any person who caused or permitted the burning shows that no dark smoke was emitted.

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