An occupier of a building shall not knowingly cause or permit a furnace therein to which this section applies to be used in the building as mentioned in section 3(1) above as originally enacted unless the height of the chimney serving the furnace has been approved under this section and any conditions subject to which the approval was granted are complied with, and if on any day he does so, he shall be liable on summary conviction to a fine not exceeding F1level 5 on the standard scale.

A person having possession of a boiler or industrial plant attached to a building or for the time being fixed to or installed on any land, other than an exempted boiler or plant, shall not knowingly cause or permit a furnace thereof to which this section applies to be used as mentioned in section 3(1) above as originally enacted, unless the height of the chimney serving the furnace has been approved under this section and any conditions subject to which the approval was granted are complied with, and if on any day he does so, he shall be liable on summary conviction to a fine not exceeding F1level 5 on the standard scale.

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An approval of the height of a chimney by a local authority under this section may be granted without qualification or subject to conditions as to the rate or quality, or the rate and quality, of emissions from the chimney.

If a local authority to whom an application is duly made for approval under this section fail to determine the application and to give a written notification of their decision to the applicant within four weeks of receiving the application or such longer period as may be agreed in writing between the applicant and the authority, the approval applied for shall be deemed to have been granted without qualification.

If a local authority decide not to approve the height of a chimney under this section or to attach conditions to their approval, they shall give the applicant a written notification of their decision, stating their reasons and, in the case of a decision not to approve the height of the chimney, specifying the lowest height, if any, which they are prepared to approve unconditionally or the lowest height which they are prepared to approve if approval is granted subject to any specified conditions, or (if they think fit) both, and the applicant may within twenty-eight days of receiving the notification appeal against the decision to the appropriate Minister.

On an appeal under this section the appropriate Minister may confirm the decision appealed against, or may approve the height of the chimney without qualification or subject to conditions as to the rate or quality, or the rate and quality, of emissions from the chimney, or may cancel any conditions imposed by the local authority or substitute for any conditions so imposed any other conditions which the authority had power to impose.

The appropriate Minister shall give the appellant a written notification of any decision of the Minister on an appeal under this section, stating his reasons for the decision, and, in the case of a decision not to approve the height of a chimney, specifying the lowest height, if any, which he is prepared to approve unconditionally or the lowest height which he is prepared to approve if approval is granted subject to any specified conditions, or (if he thinks fit) both.

In this section “exempted boiler or plant” means a boiler or plant which is used or to be used wholly for any prescribed purpose, and references to the applicant shall, in a case where the original applicant notifies the local authority that his interest in the application has been transferred to another person, be construed as references to that other person.

Section 10 of the principal Act (requirement for approval of height of chimneys on submission of plans) shall cease to have effect as respects any chimney serving a furnace.