The Ministry of the Environment wants to crack down on air polluters by allowing the courts to decide whether offending plant equipment should be destroyed.

Government tabled The Clean Air Amendment Act 2005 in the House of Assembly on Friday, which sought to clarify several definitions in the existing 1991 Act.

?We want to assure better enforcement,? Permanent Secretary for the Environment, Wayne Carey said.

It will also more clearly define what a ?controlled plant? is, for example whether it is a quarry or a power plant, like the Bermuda Electric Light Company.

?We will be able to issue a stop order to the licence holder of a controlled plant to make sure they comply.

?In order to do that we want to be able to make clear that the inspector has the ability under an enforcement order to enter onto a property and be able to seize and hold equipment so they must stop the activity creating an infraction under the Act.?

However, Mr. Carey said the Amendment was not designed to be punitive but rather was designed to ensure the proper enforcement of the Act.

?We are going to leave it up to the courts to determine whether, first of all, there was an infraction, then whether the equipment should be destroyed,? he said.

The Clean Air Amendment Act 2005 also seeks to give Fire Officers the power to be inspectors.

In addition, should any permits or licence granted under the Act tried to be transferred or sold to a second party, it was going to be made null and void, he said.

It also proposed to allow Government to recover its costs for having to remove or destroy the offending equipment, he said.

And it sought to remove ambiguities about what was ?movable? and ?portable? and what was a ?plant? and ?facility?.