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【法规名称】 
【法规编号】 79240  什么是编号?
【正  文】

CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION

 
  (Cap 358 section 46(2))
  
  [3 June 1994]
  
  (L.N. 323 of 1994)
  
  Cap 358AL s 1 Interpretation
  
  Remarks:
  
  Adaptation amendments retroactively made - see 29 of 1998 s. 75
  
  PART I
  
  PRELIMINARY
  
  (1) In this Regulation-
  
  "building" (建筑物) and "building works" (建筑工程) have the same meanings as in the Buildings Ordinance (Cap 123);
  
  "claim" (申索) means a claim for compensation under section 14;
  
  "claimant" (申索人) means a person who has made a claim for compensation;
  
  "compensatable interest" (可获补偿权益) means the estate or interest of-
  
  (a) a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than one month or a tenancy or sub-tenancy terminable (whether by virtue of an Ordinance or otherwise) by either party by not less than one month's notice;
  
  (b) a mortgagee in possession;
  
  (c) the holder of a valid and subsisting option to purchase an estate or interest referred to in paragraph (a) or (b);
  
  (d) a purchaser under an agreement for sale and purchase to whom the benefit of an estate or interest referred to in paragraph (a) or (b) has already passed;"Government land" (政府土地) means unleased land within the meaning of the Land (Miscellaneous Provisions) Ordinance (Cap 28); (29 of 1998 s. 75)
  
  "land" (土地) means immovable property;
  
  "mortgage" (按揭) means a mortgage or charge registrable in the Land Registry.
  
  (2) In sections 3, 4, 5 and 7-
  
  "owner" (拥有人), in relation to any land, includes-
  
  (a) where the land is Government land that is occupied unlawfully or without authorization of the Government, the occupier of such land; and (29 of 1998 s. 75)
  
  (b) where the land is Government land that is held under a licence or tenancy directly from the Government, the licensee or tenant as the case may be. (29 of 1998 s. 75)(3) In this Regulation, except in section 26 and Schedule 2, a reference to the Roads (Works, Use and Compensation) Ordinance (Cap 370) shall be read as a reference to that Ordinance as applied by section 26.
  
  (Enacted 1994)
  
  Cap 358AL s 2 Authority may construct sewerage
  
  PART II
  
  CONSTRUCTION OF AND CONNECTION TO SEWERAGE
  
  (1) For the purpose of establishing and maintaining a communal sewer or connecting wastewater to such a sewer, the Authority may construct, maintain, repair or demolish any sewerage and carry out related works.
  
  (2) Subsection (1) does not apply to sewage tunnel works under the Sewage Tunnels (Statutory Easements) Ordinance (Cap 438).
  
  (Enacted 1994)
  
  Cap 358AL s 3 Mandatory connection to communal sewer
  
  For the purpose of enabling connection to a communal sewer the Authority may by service of a notice on the owner of any land or premises require the owner to-
  
  (a) construct works to convey wastewater from the land or premises to a place specified in the notice and to complete the construction within a time specified in the notice; and
  
  (b) comply with any additional requirement specified in the notice relating to the design and construction of the works, including the installation of pumping systems if the Authority considers it necessary.
  
  (Enacted 1994)
  
  Cap 358AL s 4 Maintenance of sewerage works
  
  (1) The owner of any land or premises shall maintain any works constructed pursuant to this Regulation for the purpose of conveying wastewater from such land or premises to a place for connection to a communal sewer.
  
  (2) The Authority may by notice served on the owner of any land or premises require the owner to carry out any maintenance for which the owner is responsible pursuant to subsection (1), and to do so within a time specified in the notice.
  
  (Enacted 1994)
  
  Cap 358AL s 5 Demolition of redundant wastewater treatment facilities
  
  Where, as a result of providing a sewerage connection to any land or premises, a wastewater treatment facility has become redundant the Authority may by service of a notice on the owner of the land or premises require him, within a time specified in the notice, to carry out works to fill in or demolish the facility and any associated drainage as specified in the notice.
  
  (Enacted 1994)
  
  Cap 358AL s 6 Operation and maintenance of wastewater treatment facility
  
  PART III
  
  WASTEWATER TREATMENT FACILITIES
  
  (1) Where the Authority considers that a wastewater treatment facility in a water control zone-
  
  (a) is being operated or maintained in a manner that is likely to result in effluent being discharged from the facility otherwise than in compliance with licence requirements;
  
  (b) is being operated or maintained in a manner that is or is likely to be harmful to the health or safety of any person carrying out the operation or maintenance;
  
  (c) is producing an effluent which is not in compliance with any licence requirement; or
  
  (d) is structurally defective,he may by service of a notice on the owner of the wastewater treatment facility require the owner to construct works, effect repairs or modify or carry out operations as specified in the notice and to do so within a time specified in the notice.
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