【法规名称】
【法规编号】 79316 什么是编号？
【正 文】
第11页 CAP 358 WATER POLLUTION CONTROL ORDINANCE
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[接上页] (a) requiring the person to restrict or from time to time to suspend the discharge or deposit; (b) relating to the matters set out in the First Schedule.(7) Where, before the first discharge of wastewater into a communal sewer or communal drain that- (a) is vested in and maintained by the Government as a sewer or drain for the carriage of foul water; (b) conducts the discharge into a communal sewer or communal drain that is vested in and maintained by the Government as a sewer or drain for the carriage of foul water; or (c) delivers the sewage to a wastewater treatment facility, the discharge from which is licensed,the discharge was previously licensed, the licence in respect of that discharge shall be deemed to be cancelled when the discharge is first made into the sewer or drain. (Added 83 of 1993 s. 17) Cap 358 s 25 Compensation for cancellation or variation of certain licences (1) Where a licence is, pursuant to section 24(1)- (a) cancelled as provided in section 24(3)(b); or (b) varied as provided in section 24(3)(a)(i) or (c) so as to impose additional obligations on the person making the discharge or deposit,within 2 years after it came into effect, the Authority shall be liable to pay compensation to the person whose licence is cancelled or varied if the circumstances set out in subsection (2) are present. (Amended 42 of 1985 s. 3) (2) The circumstances mentioned in subsection (1) are- (a) that the possibility of danger to health or harm to the drainage or sewerage system or to the health or safety of any person engaged in the operation thereof or the establishment of a new water quality objective (as provided in section 24(1)(a), (b) and (c) was known or could with reasonable foresight have been known, to the Authority at the time the licence was granted or renewed; or (b) that the danger, harm or new water quality objective mentioned in paragraph (a) is a consequence of licences granted or renewed after the grant, or, where a licence has been renewed, the last renewal of the licence which is cancelled or varied. (Amended 67 of 1990 s. 22) Cap 358 s 26 Compensation for cancellation of licences and exemptions with the approval of the Governor in Council (1) (Repealed 67 of 1990 s. 22) (2) Where a licence is, pursuant to section 24(2)- (a) cancelled as provided in section 24(3)(b); or (b) varied as provided in section 24(3)(a)(i) or (c) so as to impose additional obligations on the person making the discharge or deposit,within 2 years after it came into effect the Authority shall be liable to pay compensation to the person whose licence is cancelled or varied. (Amended 42 of 1985 s. 4; 67 of 1990 s. 22) Cap 358 s 27 Assessment of compensation (1) Subject to subsection (2), the manner of determining the amount of compensation payable under sections 25 and 26, the factors to be taken into account or disregarded and the principle to be applied in determining that amount shall be such as may be prescribed in regulations made under section 46. (2) The provisions of the Second Schedule shall have effect for the purposes of determining the amount of compensation payable under sections 25 and 26 and for the purposes of the incidental matters for which they provide. Cap 358 s 28 Applications for variation of licences (1) A person who is making a discharge or deposit for which a licence is in force may apply to the Authority in the prescribed form for a variation of the licence. (2) The fee prescribed for an application under subsection (1) must be paid by a date specified in a demand note issued by the Authority. (Replaced 83 of 1993 s. 18) (3) Section 19(3), (3A) and (4) shall apply for the purpose of publicly notifying an application under this section for the variation of a licence for the purposes of section 8(1)(a) or (b) as if it were an application for a licence. (Amended 67 of 1990 s. 22) (4) The Authority may either grant the application, with or without modification, or refuse to grant it but, except where section 19(3A) applies, in the case of a variation of a licence for the purposes of section 8(1)(a) or (b) shall not do so earlier than 30 days after the last notice is published in a newspaper pursuant to subsection (3). (Amended 67 of 1990 s. 22) (5) If the Authority refuses to grant an application or any part thereof he shall notify the applicant and shall inform him of the reasons for his refusal. (6) Section 20(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence. (7) The Authority may grant an application on such terms and conditions as he thinks fit (including terms and conditions relating to the matters set out in the First Schedule) except that, without prejudice to section 24, he shall not impose any new obligation on the applicant in relation to that part of the discharge or deposit which is already licensed unless- (a) the place at which the discharge or deposit may be made is being varied; or |
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