【法规名称】
【法规编号】 79240 什么是编号？
【正 文】
第2页 CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION
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[接上页] (2) For the purpose of subsection (1)- (a) if there is more than one owner of the wastewater treatment facility, service of a notice on any one of the owners shall be sufficient service; and (b) if a wastewater treatment facility is connected to land or premises the owners of which have been incorporated under section 8 of the Building Management Ordinance (Cap 344), service of a notice on the owners corporation shall be sufficient service. (Enacted 1994) Cap 358AL s 7 Authority may undertake works PART IV POWER OF AUTHORITY TO UNDERTAKE WORKS, ETC. (1) Where any works specified in a notice served under section 3, 4, 5 or 6 have not been carried out or are not completed within the time specified in the notice, the Authority may undertake the works. (2) For the purpose of undertaking works under subsection (1) the Authority may, subject to subsection (3), at all reasonable times enter upon any land or premises on or under which the works are to be carried out or through which access is needed to carry out the works. (3) Not less than 28 days before undertaking the works the Authority shall- (a) serve a notice on the owner of the land or premises on or under which the works are to be carried out, and of any land or premises through which access is needed to carry out the works; (b) if such land is occupied, give notice in writing to the occupier of, or post a notice on, the land or premises; and (c) in the case of works specified in a notice served under section 6, serve a notice on the owner of the wastewater treatment facility,stating the nature and probable extent of the works and when they will commence. (4) Following completion of the works the Authority shall reinstate the entered land or premises, as far as it is practicable to do so, to the condition it was in before the entry. (5) All costs incurred by the Authority in carrying out works under this section are recoverable as a civil debt due to the Government from the person liable to carry out the works specified in the notice referred to in subsection (1), regardless of whether that person has been convicted of an offence under section 27. (6) In this section, "works" (工程) means any thing the Authority may require to be done by notice served under section 3, 4, 5 or 6. (Enacted 1994) Cap 358AL s 8 Authority may take over operation of a multi-owner facility (1) This section applies to a wastewater treatment facility in a water control zone where there is more than one owner of the facility (in this section referred to as a "multi-owner facility"). (2) If the owners of a multi-owner facility have failed to comply with any requirement specified in a notice served under section 6, and it appears to the Authority that the effluent being discharged from the facility- (a) does not comply with any licence requirement; (b) is or is likely to be a danger to public health; (c) is or is likely to be harmful to the health or safety of any person engaged in the operation of the facility or of the drainage or sewerage system; or (d) is or is likely to be harmful to the drainage or sewerage system,the Authority may, as from a date specified in a notice issued under subsection (3), enter the land or premises on which the facility is located and take over operation of the facility. (3) Before exercising any power conferred under subsection (2) the Authority shall serve on the owners of the land or premises notice of his intention to enter the land or premises and take over the operation of the multi-owner facility, and to do so as from a date specified in the notice. (4) The date specified in a notice served under subsection (3) shall be a date not before the expiry of 28 days beginning on the day following the day of service of the notice, except that if the Authority is of the opinion that an emergency exists which necessitates the earlier exercise of any power conferred under subsection (2) the date to be specified may be earlier than the date so calculated, but shall not be earlier than is necessary having regard to the exigencies of the situation. (5) A notice under subsection (3) shall include- (a) particulars of any requirement specified in the notice served under section 6 which the owners have failed to comply with; (b) any particulars relied on for the purpose of subsection (2)(a) to (d).(6) A person proposing to exercise any power of entry conferred under this section in respect of any land that is occupied shall give to the occupier at least 28 days' notice of his intention to do so; except that where- (a) the Authority is of the opinion that an emergency exists which necessitates immediate entry; or (b) the entry is required for the purpose of inspecting any works, structure or apparatus or carrying out any routine maintenance on them,such shorter notice as may be appropriate in the circumstances may be given. (7) If the owners of a multi-owner facility which is being operated by the Authority under subsection (2) have satisfied the Authority that they are capable of operating the facility in compliance with the Ordinance or any reasonable requirement that may be imposed under a licence or notice issued under the Ordinance in respect of the facility, the Authority shall as soon as practicable return the operation of the facility to the owners. |
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