【法规名称】
【法规编号】 79140 什么是编号？
【正 文】
第2页 CAP 466 DUMPING AT SEA ORDINANCE
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[接上页] (Enacted 1995. Amended L.N. 362 of 1997) Cap 466 s 4 Designation of Authority, etc. PART II ADMINISTRATION (1) The Director of Environmental Protection is designated as the Authority under this Ordinance. (2) The Secretary for the Environment, Transport and Works is designated as the Secretary for the purposes of this Ordinance. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) (3) The Chief Executive may by order published in the Gazette amend this section to designate another person as the Authority or the Secretary. (Amended 34 of 2000 s. 3) (Enacted 1995) Cap 466 s 5 Authorized officers, etc. (1) The Authority may appoint authorized officers to carry out his functions and powers under this Ordinance other than the power to appoint authorized officers under this section. (2) The Authority may employ persons to assist him and authorized officers to carry out his functions under this Ordinance. (Enacted 1995) Cap 466 s 6 Register (1) The Authority shall- (a) compile a register containing the particulars of the permits he issues; (b) make the register available for public inspection free of charge and at reasonable hours; and (c) give a copy of an entry in the register for a permit to a person on payment of a prescribed fee.(2) The Authority shall record in the register- (a) the name of the permit holder; (b) the period of validity of the permit; (c) for a scuttling operation- (i) the name of the owner of the vessel to be scuttled; and (ii) a description of the vessel to be scuttled;(d) for a dumping or incineration operation- (i) the name, where known, of the producer of the substances or articles to be dumped or incinerated; (ii) a description and quantity of the substances or articles to be dumped or incinerated; (iii) the country of origin of the substances or articles to be dumped or incinerated; and (iv) the nature of the container, if any, in which the substances or articles to be dumped or incinerated will be contained when they are dumped or incinerated;(e) the site at which the dumping, incineration or scuttling is to take place; (f) the place from which the substances, articles or vessel are to be taken to the site for dumping, incineration or scuttling. (Enacted 1995) Cap 466 s 7 Designation of marine dumping areas PART III MARINE DUMPING AREAS (1) The Authority may designate an area within Hong Kong waters as a marine dumping area. (2) In determining the suitability of an area for designation as a marine dumping area, the Authority shall have regard to- (a) the need to protect the marine environment, the living resources which it supports and human health; (b) the need to prevent interference with other legitimate uses of the sea; and (c) the proposed quantity and type of material to be dumped.(3) The Authority shall publish notice in the Gazette of an area designated as a marine dumping area. (4) The Authority shall not issue a permit for an operation in a marine dumping area until he has published notice of the area in the Gazette. (Enacted 1995) Cap 466 s 8 Requirement to have permit for dumping at sea PART IV PERMITS (1) An operation described in this subsection requires a permit under this section- (a) dumping substances or articles within the waters of Hong Kong, either in the sea or under the sea-bed- (i) from an aircraft, vehicle, vessel or marine structure; (ii) from a container floating in the sea; or (iii) from a structure on land constructed or adapted wholly or mainly for the purpose of dumping solids in the sea;(b) dumping substances or articles anywhere in the sea or under the sea-bed- (i) from a Hong Kong aircraft, Hong Kong vessel or other Hong Kong marine structure; or (ii) from a container floating in the sea, if the dumping is controlled from a Hong Kong aircraft, Hong Kong vessel or other Hong Kong marine structure;(c) scuttling a vessel, aircraft or marine structure- (i) in the waters of Hong Kong; or (ii) anywhere at sea, if the scuttling is controlled from a Hong Kong aircraft, Hong Kong vessel or other Hong Kong marine structure;(d) loading an aircraft, vessel, marine structure or floating container in Hong Kong or the waters of Hong Kong with substances or articles for dumping anywhere in the sea or under the sea-bed; (e) loading a vehicle in Hong Kong with substances or articles for dumping from the vehicle anywhere in the waters of Hong Kong; (f) towing or propelling from Hong Kong or the waters of Hong Kong a vessel for scuttling anywhere at sea.(2) (Repealed 18 of 2000 s. 2) (3) A person who- (a) is a waste producer of a substance or article that is to be dumped at sea; or (b) owns a vessel, aircraft or marine structure intended for scuttling,shall hold a permit before authorizing or commencing- (i) a dumping operation under subsection (1)(a) or (b); (ii) a scuttling operation under subsection (1)(c); (iii) a loading operation under subsection (1)(d) or (e); or (iv) a towing or propelling operation under subsection (1)(f).(4) A person who has possession of a substance, article, vessel, aircraft or marine structure that is to be dumped or scuttled at sea, shall satisfy himself that the waste producer or the owner of the vessel, aircraft or marine structure holds a permit relating to the substance, article, vessel, aircraft or marine structure. |
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