Restrictions on carrying on of offensive businesses

(1) No person shall within the boundaries of any town enumerated and demarcated in the Fourth Schedule, (a) establish a business of blood boiler, bone boiler, manure manufacturer, soap boiler, tallow melter or knacker; or (b) establish, without the written consent of the Director of Health Services, the business of fell-monger, tripe boiler or slaughterer, or any other business which the Minister may, by order published in the Gazette, declare to be an offensive business. 68 (2) Any person by whom a business is established in contravention of subsection (1) is guilty of an offence and is liable to a fine not exceeding two hundred and fifty dollars in respect of the establishment thereof. (3) Any person who carries on a business established in contravention of subsection (1) of this section, is guilty of an offence and is liable to a fine not exceeding two hundred and fifty dollars for every day during which he carries on the Provided that, (a) subsection (1) of this section, shall not render any person liable to a fine for establishing, without the consent of the Director of Health Services, or carrying on, the business of soap boiler, if and so long as that business is a business in which tallow or any animal fat or oil other than olein is not used by admixture with alkali for the production of soap; (b) the Minister may at any time by order published in the Gazette add any other town to the said Schedule and demarcate the boundaries thereof and thereupon this section shall apply to such town and within the area so demarcated. (4) Every consent given for the purposes of subsections (1) to (3) of this section, shall be given by order of the Director of Health Services, and any order under this subsection is hereafter referred to as an “establishment order”. (5) At least fourteen days before making an establishment order with respect to any business, the Director of Health Services shall, 69 (a) advertise a notice of the application for the order, and of the time and place at which he will be willing to hear persons objecting to the making of the order; and (b) cause a copy of the notice to be posted on a conspicuous part of the premises in which it is proposed to establish the business, and shall consider any objection made at that time and place, and grant or withhold his consent as he thinks expedient. (6) There shall be charged for every establishment order such fee not exceeding ten dollars as the Director of Health Services may fix. (7) For the purposes of this section, a business shall be deemed to be established, (a) if it is established newly; (b) if it is removed from one set of premises to any other premises; (c) if it is re-established on the same set of premises after having been discontinued for a period of nine months or more; or (d) if the premises on which it is for the time being carried on are enlarged without the consent of the Director of Health Services, but a business shall not be taken to be established on any premises by reason only that the ownership of the premises is wholly or partly changed or that the building in which it is established, having been wholly or partly pulled down, burnt down or otherwise destroyed has been reconstructed without any extension of its area. 70 (8) Any consent given for the purposes of this section may be given subject to such conditions as the Director of Health Services thinks fit to impose.