【法规名称】
【法规编号】 79316 什么是编号？
【正 文】
第10页 CAP 358 WATER POLLUTION CONTROL ORDINANCE
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[接上页] (4) In a case where section 19(3) applies, the Authority shall not renew or refuse to renew a licence under this section earlier than 30 days after the last notice is published in a newspaper pursuant to section 19(3). (5) After receipt of an application under subsection (1) and the prescribed fee under subsection (2) the Authority shall renew the licence in respect of the discharge or deposit unless- (a) he considers that any of the conditions set out in section 16(2)(a), (b), (c), (f) or (g) exists; (aa) it has come to his attention that any of the conditions set out in section 16(2)(d) or (e) exists; (Added 83 of 1993 s. 16) (b) he considers that the composition of the discharge or deposit does not comply with a technical memorandum that is applicable to the discharge or deposit; (c) he considers that there has been a breach of any of the terms or conditions of the licence; or (d) he considers that a person has been convicted of an offence under this Ordinance in relation to the discharge or deposit. (Amended 83 of 1993 s. 16)(6) If the Authority refuses to renew a licence under this section he shall notify the applicant in writing of his refusal and shall in the notice state the reasons for the refusal. (7) The Authority may renew a licence under this section on such terms and conditions as he thinks fit including terms and conditions relating to the matters set out in the First Schedule but the licence shall not, in the case of a discharge or deposit measurable by a flow rate, authorize a maximum flow rate less than the discharge or deposit as exempt under section 15 as it was in force immediately before the date of commencement* of the Water Pollution Control (Amendment) Ordinance 1990 (67 of 1990). (Amended L.N. 210 of 1994) (8) The Authority may renew a licence under this section for a period of not less than 2 years. (Added 67 of 1990 s. 15)___________________________________________________________________ Note: * Commencement date: 1 December 1990. Cap 358 s 24 Cancellation or variation of a licence (1) Subject to section 6(6), the Authority may, by notice in writing to a person who is making a discharge or deposit for which a licence is in force, exercise any of the powers set out in subsection (3) if he considers that- (a) any part of the waters of Hong Kong are in such a condition as to constitute a danger to the health of the public, or a section of the public and the exercise of the power in relation to the discharge or deposit would tend to lessen that danger; (Amended 67 of 1990 s. 16) (b) in the case of a licence for the purposes of section 9(1), the discharge or deposit may be harmful to the drainage or sewerage system or to the health or safety of any person engaged in the operation thereof; (Amended 67 of 1990 ss. 16 & 22) (c) it is necessary in order to achieve a new water quality objective; or (Added 67 of 1990 s. 16) (d) in the case of a licence originally granted or deemed to have been granted under section 15 or 16, there has been a breach of any of terms or conditions of the licence or a person has been convicted of an offence under this Ordinance in relation to the discharge or deposit. (Added 67 of 1990 s. 16)(2) Where paragraphs (a) to (d) of subsection (1) do not apply to a discharge or deposit, the Authority may (by notice in writing as provided in that subsection) exercise any power set out in subsection (3), in relation to that discharge or deposit only with the prior approval of the Governor in Council, as to both the exercise and the manner of the exercise of the power, or with the agreement of the person who is making the discharge or deposit. (Amended 67 of 1990 s. 16) (3) The powers referred to in subsections (1) and (2) are- (a) (i) to impose new or amended terms and conditions subject to the observance of which, as from a specified date, the licence shall continue in force; (ii) to declare the licence liable to cancellation at any time the person fails to observe any such term or condition; (iii) to cancel the licence as from a specified date if the person fails to observe any such term or condition;(b) to cancel the licence as from a specified date; (c) to amend or add to any notice previously given under this section, or any part of such notice, or to substitute a new notice for it.(4) The Authority may revoke a notice previously given under this section, subject to the further approval of the Governor in Council in the case of a revocation which affects anything previously done under this section with the approval of the Governor in Council. (5) The date specified in a notice for the amendment or addition of any term or condition under paragraph (a)(i) or (c) of subsection (3) or the cancellation of a licence under paragraph (a)(iii) or (b) thereof shall be not less than 90 days after the day on which the notice is given to the person who is making the discharge or deposit. (6) Subject to subsection (2), the Authority may impose such terms and conditions under subsection (3) as he thinks fit including any term or condition- |
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