Section 3
Section 3
(a)
any industry is not being carried on in Brunei
Darussalam on a commercial scale suitable to the economic requirements or development of Brunei
Darussalam or at all;
(b)
there are —
(i)
favourable prospects of further development of the industry including development for export;
(ii)
insufficient facilities in
Brunei
Darussalam to enable the industry to be carried on a commercial scale suitable to the economic requirements or develop-ment for export;
(c)
it is expedient in the public interest to encourage the development (including development for
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export) or establishment of the industry in Brunei
Darussalam by the making of a statutory order declaring the industry to be a pioneer industry and any product or products of the industry to be a pioneer product or pioneer products, and the Board may, upon receipt of any such representation, call for any further particulars which it considers necessary.
(2)
Every representation made under subsection(1) by a member of the public (including a company or a body of persons) shall be accompanied by a deposit of $500 which —
(a)
shall be returned to the person making the deposit;
(b)
if the Board declares the representation to be frivolous, shall be forfeited:
Provided that the Board shall not declare the representation to be frivolous unless it has given that person at least 30 days'
notice of its intention to do so and has considered any objection made by that person to that intention.
(3)
The Board shall consider any representation made under subsection(1) and, if it is satisfied that it is expedient to do so, shall cause to be published in the Gazette a notice containing —
(a)
a declaration that it is considered expedient in the public interest to make, and that it is proposed to make, an order declaring such industry and such product or products as are specified in the order to be a pioneer industry and a pioneer product or pioneer products;
(b)
the form of the proposed order, which may contain such conditions and restrictions as the Board may think fit to impose;
(c)
provision for any person who may object to the making of the proposed order to give notice in writing of
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his objection and of the grounds upon which he relies in support thereof to the Board on or before such day, not being less than 30 days from the date of publication of the notice, as may be specified in the notice.
(4)
The Board —
(a)
shall consider any objection which is received under subsection (3)(c) and may, if it thinks it necessary, call for further particulars of the objection;
(b)
after considering any such objection shall either —
(i)
make a statutory order in the form contained in the notice published under subsection (3) (or in such other form as it may think fit) containing such conditions and restrictions as it may think fit to impose;
(ii)
decide not to make any such order.
(5)
The Board may from time to time by a further statutory order amend any order made under subsection (4) by adding to the product or products declared in that order to be a pioneer product or pioneer products any further product or products, or otherwise as may appear necessary:
Provided that subsections (1) to (4) shall as nearly as may be apply to an order made under this subsection as they apply to an order made under subsection (4).
Application for pioneer certificate.