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[接上页] (8) An applicant on applying for a permit shall pay the prescribed fee. (9) The Authority may require an applicant for a permit to pay the prescribed fee for- (a) examinations and tests which the Authority requires to decide- (i) whether to issue a permit to the applicant; and (ii) the conditions which a permit issued to him ought to include;(b) the costs of the development and maintenance of a marine dumping area including the cost of employing a manager to manage the marine dumping area; (c) checking the manner in which operations for which a permit is needed have been or are being conducted; and (d) monitoring the effect of the operations.(10) The Authority may vary, suspend or revoke a permit if it appears to the Authority that there has been a breach of the permit. (11) The Authority may vary, suspend or revoke a permit if it appears to the Authority that the permit ought to be varied, suspended or revoked- (a) due to a change in the marine environment, the living resources which it supports or human health; (b) because of increased scientific knowledge relating to those matters; or (c) for any other reason that appears to the Authority to be relevant.(12) The Authority may revoke a suspension of a permit if he is satisfied that- (a) the permit holder has not breached a permit provision; (b) the permit holder has rectified a breach of a permit provision; or (c) the circumstances that gave rise to the suspension no longer exist. (Enacted 1995) Cap 466 s 11 Exemptions (1) The Secretary may order that specified operations- (a) do not need a permit; or (b) do not need a permit if they satisfy conditions specified in the order.(2) Without limiting the power of the Secretary under subsection (1)(b) to specify other conditions, the Secretary may specify conditions requiring a person to obtain the Authority's approval before the person does anything for which a permit would otherwise be needed. (3) The Authority may approve an operation under subsection (2) with or without conditions and may withdraw his approval if the person carrying out the exempted operation fails to comply with a condition imposed under this section. (Enacted 1995) Cap 466 s 12 Marine pollution abatement notice Remarks: not yet in operation PART V MARINE POLLUTION CONTROL (1) Where the Authority is satisfied that- (a) marine construction work; (b) dredging; (c) marine borrowing; (d) land reclamation; or (e) stock piling on the sea-bed,is causing or contributing to marine pollution which exists or which is imminent, the Authority may serve a marine pollution abatement notice on- (i) the master of a vessel or commander of an aircraft; (ii) the person in charge of a vehicle or marine structure; or (iii) the person,carrying out the activity or responsible for the activity. (2) The Authority may require a person served with a marine pollution abatement notice- (a) to cease dumping marine pollutants; (b) to cease the dumping activity; (c) to take other steps to abate the dumping of marine pollutants from the activity; (d) to undertake the activity so that it does not cause the quality of the water in the vicinity of the activity to exceed the levels set out in the notice; (e) to provide, operate and maintain a facility to measure characteristics and constituents of sea water and the discharge.(3) The Authority may, in serving a marine pollution abatement notice, either- (a) require that the notice be complied with immediately; or (b) state a time by which the person served with the notice shall comply with the notice.(4) A person served with a marine pollution abatement notice shall notify the Authority when the person has complied with the notice. (5) If the Authority considers that a person should be given further directions relating to marine pollution, the Authority may- (a) serve an additional marine pollution abatement notice; (b) withdraw an existing marine pollution abatement notice and serve a new marine pollution abatement notice. (Enacted 1995) Cap 466 s 13 Technical memorandum Remarks: not yet in operation (1) The Authority may issue a technical memorandum setting out principles, procedures, guidelines, standards and limits- (a) used to predict, measure, assess or determine whether marine pollution is caused by, or contributed to by, or may be imminent by reason of, a process referred to in section 12(1); (b) for the issue of marine pollution abatement notices for the pollution; (c) used to determine whether or not a marine pollution abatement notice is being complied with.(2) When the Authority issues a technical memorandum, he shall make available a copy of the technical memorandum for free inspection during business hours by the public at such offices of the Government as the Secretary directs. (Enacted 1995) Cap 466 s 14 Tabling technical memorandum and commencement Remarks: not yet in operation (1) The Secretary shall publish a technical memorandum issued under this Ordinance in the Gazette and lay it on the table of the Legislative Council at the next sitting after publication. |