|
[接上页] (c) except as provided in subregulation (2)(c), the cost of upgrading equipment at the new site; (d) any operating or maintenance costs at the new site.(4) Any factor that is not specified in subregulation (2) shall be disregarded for the purpose of determining an amount of compensation referred to in subregulation (1). (L.N. 324 of 1994) Cap 358D reg 15B Compensation on basis of modification and adaptation of activity where licence cancelled (1) This regulation applies where compensation payable under section 25(1) or 26(2) of the Ordinance in respect of the cancellation of a licence falls to be determined by reference to loss arising from the necessary modification or adaptation, as a result of such cancellation, of any activity lawfully being carried on at the time of the cancellation so as to enable the activity lawfully to continue at the existing site. (2) In determining the amount of compensation referred to in subregulation (1) there shall be taken into account the following factors- (a) the depreciated value of any equipment used in the activity at the time of the cancellation that must be replaced in order to enable the activity to continue; (b) the difference between the cost and the value on disposal of raw materials and semi-finished products acquired for or produced by the activity referred to in paragraph (a) which can no longer be used in the activity; (c) the reasonable cost of installing waste recovery and treatment systems to the extent necessary to enable the activity lawfully to continue; (d) the reasonable cost of changing or upgrading any equipment so as to enable the activity lawfully to continue; (e) any additional operational and maintenance costs incurred as a result of any upgrading referred to in paragraph (d) in respect of the balance of the period under the licence immediately prior to its cancellation.(3) Any factor that is not specified in subregulation (2) shall be disregarded for the purpose of determining an amount of compensation referred to in subregulation (1). (L.N. 324 of 1994) Cap 358D reg 15C Compensation on basis of cessation of activity where licence cancelled (1) This regulation applies where compensation payable under section 25(1) or 26(2) of the Ordinance in respect of the cancellation of a licence falls to be determined by reference to loss arising from the closing down or ceasing, as a result of such cancellation, of any activity lawfully being carried on at the time of the cancellation. (2) In determining the amount of compensation referred to in subregulation (1) there shall be taken into account the following factors- (a) the depreciated value of any equipment used in the activity at the time of the cancellation; (b) the difference between the cost and the value on disposal of raw materials and semi-finished products acquired for or produced by the activity referred to in paragraph (a).(3) Any factor that is not specified in subregulation (2) shall be disregarded for the purpose of determining an amount of compensation referred to in subregulation (1). (L.N. 324 of 1994) Cap 358D reg 15D Compensation for variation of licence (1) This regulation applies where compensation is payable under section 25(1) or 26(2) of the Ordinance in respect of the variation of a licence so as to impose an additional obligation on the person making a discharge or deposit. (2) In determining the amount of compensation referred to in subregulation (1) there shall be taken into account the following factors- (a) the reasonable cost of upgrading any equipment to the extent necessary to meet any such additional obligation imposed; (b) any additional operating and maintenance costs reasonably incurred as a result of such upgrading for the remainder of the period covered by the licence.(3) Any factor that is not specified in subregulation (2) shall be disregarded for the purpose of determining an amount of compensation referred to in subregulation (1). (L.N. 324 of 1994) Cap 358D reg 16 Mode of service of documents PART V MISCELLANEOUS (L.N. 324 of 1994) (1) Unless the Ordinance expressly provides otherwise, a document authorized or required to be served under the Ordinance may be served- (a) by sending it by registered post to the last known address of the person to be served; or (b) where the person who is to be served with the document is an industrial enterprise occupying industrial premises or the owner or manager of a domestic sewage treatment plant, by affixing the document to some conspicuous part of the premises or plant, as the case may be.(2) Where the person to be served is an individual a document may be served by delivering it to that individual or sending it by registered post to his last known place of residence. (3) Where the person to be served is a company a document may be served by leaving it at or sending it by registered post addressed to the registered office of the company. (Enacted 1986) Cap 358D reg 17 Forms (1) The form in the Second Schedule is prescribed for the purposes of the Ordinance. |