【法规名称】
【法规编号】 44084 什么是编号？
【正 文】
CAP 139L PUBLIC HEALTH (ANIMALS AND BIRDS)(LICENSING OF LIVESTOCK KEEPING) REGULATION
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(Cap 139 section 3) (1 July 1994) L.N. 384 of 1994 (L.N. 309 of 1994) Cap 139L s 1 (Omitted as spent) (Omitted as spent) (Enacted 1994) Cap 139L s 2 Interpretation In this Regulation, unless the context otherwise requires- "exempt person" (获豁免的人) means any person or any class of person specified in the Fourth Schedule to the Waste Disposal Ordinance (Cap 354); "exhibition" (展览) means an exhibition to which the public are admitted, whether on payment or not; "keep" (饲养) has the same meaning as in the Waste Disposal Ordinance (Cap 354); "licence" (牌照) means a licence granted or renewed under section 4; "livestock" (禽畜) and "livestock waste restriction area" (禽畜废物限制区) have the same meanings respectively as in the Waste Disposal Ordinance (Cap 354); "livestock waste control area" (禽畜废物管制区) means a livestock waste control area specified in column 2 of Schedule 1 by reference to maps identified therein and signed by the Director of Environmental Protection, an officer of the Environmental Protection Department not below the rank of Environmental Protection Officer or a Chief Environmental Protection Inspector and deposited with the Land Registry; "relevant date" (有关日期) means, in relation to a livestock waste control area, the date shown in column 3 of Schedule 1 in respect of that area; "specified fee" (指明费用) means a fee specified in Schedule 2. (Enacted 1994) Cap 139L s 3 No persons to keep livestock unless authorized or licensed (1) No person shall keep livestock in or on any premises within a livestock waste control area specified in column 2 of Schedule 1 after the relevant date specified opposite thereto in column 3 thereof, unless- (a) he is an exempt person or has been exempted under section 9; or (b) he does so under and in accordance with a licence issued by the Director.(2) Any person who contravenes subsection (1) commits an offence and is liable- (a) for a first offence, to a fine of $50000; (b) for a second or subsequent offence, to a fine of $100000; and (c) in addition, where livestock has been kept continuously, to a fine of $1000 for each day on which it is proved to the satisfaction of the court that he kept livestock continuously in contravention of subsection (1).(3) For the purpose of this section, where it has been proved that livestock was kept in or on any premises on any 2 days which are not more than 14 days apart (both days inclusive), it shall be prima facie evidence that livestock was kept continuously in or on those premises between those 2 days. (Enacted 1994) Cap 139L s 4 Power of Director to grant licence, etc. (1) Upon application in a form specified by the Director and payment of the relevant specified fee, the Director may grant a licence to the applicant to keep livestock in or on premises in respect of which the licence is granted within a livestock waste restriction area or a livestock waste control area. (2) Where any premises in respect of which a licence is applied for are within a livestock waste restriction area, the Director shall not grant the licence unless he is satisfied that- (a) the premises had been continuously used for livestock keeping for at least 12 months immediately before the commencement of section 2 of the Waste Disposal (Amendment) Ordinance 1994 (28 of 1994); and (b) no ex gratia payment for cessation of livestock keeping in or on the premises has been made by the Government after that commencement.(3) A licence may be renewed by the Director upon application in a form specified by the Director and payment of the relevant specified fee. (4) A licence shall be valid for a period of 3 years beginning on the date it is granted or renewed, as the case may be, unless the Director otherwise determines a shorter period. (5) A licence shall be subject to such terms and conditions relating to- (a) the keeping of livestock; and (b) public health or environmental protection,as the Director may think fit to impose. (Enacted 1994) Cap 139L s 5 Application for licence to be accompanied by plan of premises, etc. (1) Every application for the grant of a licence shall be accompanied by 2 copies of a plan, drawn to scale or as nearly to scale as is acceptable to the Director, of the premises in or on which it is proposed to keep livestock. (2) Every plan referred to in subsection (1) shall show- (a) the situation of the premises in or on which it is proposed to keep livestock; and (b) the situation, in relation to such premises, of any premises adjacent thereto,to the satisfaction of the Director. (3) Both copies of every plan referred to in subsection (1) which is approved by the Director shall be endorsed to that effect by him or by any public officer duly authorized by the Director for that purpose and one of such copies shall be returned to the applicant and the other retained by the Director. (Enacted 1994) Cap 139L s 6 Special grounds for refusal to grant or renew licence |
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