【法规名称】
【法规编号】 79316 什么是编号？
【正 文】
第3页 CAP 358 WATER POLLUTION CONTROL ORDINANCE
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[接上页] (Amended 67 of 1990 s. 22) Cap 358 s 7 Application and commencement of sections 8 and 9 PART III PROHIBITED DISCHARGES AND DEPOSITS (1) Notwithstanding that this Ordinance has come into operation by virtue of a notice under section 1, neither section 8(1)(a), nor section 8(1)(b) nor section 9(1) shall apply- (a) to any discharge or deposit, not being an existing discharge or existing deposit, which would otherwise be prohibited by those sections until the day appointed by the Governor under subsection (2) which applies to that discharge or deposit; (b) to an existing discharge or existing deposit which would otherwise be prohibited by those sections until the day appointed by the Governor under subsection (3) which applies to that discharge or deposit.(2) The Governor may from time to time by order published in the Gazette which is declared to be applicable to any water control zone appoint a day by reference to which the following shall be classified as an existing discharge or existing deposit for the purposes of this Ordinance- (a) the discharge of any matter into the waters of Hong Kong or inland water in that zone, being a discharge within the prohibitions in section 8(1); (b) the deposit of any matter which, or a component of which, is likely to enter the waters of Hong Kong or inland waters in that zone, being a deposit within the prohibitions in section 8(1); (c) the discharge of any matter into a communal sewer or communal drain in that zone, being a discharge within the prohibition in section 9(1); (d) the deposit of any matter which, or a component of which, is likely to enter a communal sewer or communal drain. (Amended 67 of 1990 ss. 3 & 22)(3) The Governor may from time to time by order published in the Gazette which is declared to be applicable to any water control zone appoint a day on and after which- (a) section 8(1)(a) shall apply to all existing discharges into the waters of Hong Kong in that zone or to all existing deposits which, or a component of which, is likely to enter the waters in that zone; (b) section 8(1)(b) shall apply to all existing discharges into inland waters in that zone or to all existing deposits which, or a component of which, is likely to enter the inland waters in that zone; (c) section 9(1) shall apply to all existing discharges into a communal sewer or communal drain in that zone or to all existing deposits which, or a component of which, is likely to enter a communal sewer or communal drain in that zone. (Amended 67 of 1990 ss. 3 & 22)(4) (Repealed 67 of 1990 s. 3) (5) An order under this section may, in respect of the same water control zone, appoint different days for discharges and for deposits. (Amended 67 of 1990 s. 3) Cap 358 s 8 Prohibited discharges into waters of Hong Kong and inland waters Remarks: Amendments retroactively made - see 29 of 1998 s. 72 (1) Subject to section 12, a person commits an offence who discharges- (a) any waste or polluting matter into the waters of Hong Kong in a water control zone; (Amended 67 of 1990 s. 4) (b) any matter into any inland waters in a water control zone which tends (either directly or in combination with other matter which has entered those waters) to impede the proper flow of the water in a manner leading or likely to lead to a substantial aggravation of pollution.(1A) Subject to section 12(1A), a person commits an offence who discharges any poisonous or noxious matter into the waters of Hong Kong. (Added 67 of 1990 s. 4) (2) Where any matter referred to in subsection (1)(a) or (b) or (1A) is discharged from any premises or vessel, then, subject to section 12, the occupier of the premises or the person having command or charge of the vessel commits an offence, in addition to any other person who may be guilty of an offence under subsection (1) or (1A). (Amended 67 of 1990 s. 22) (3) This section does not apply to any of the following discharges or deposits- (a) a discharge which is made by way of a communal sewer or communal drain; (Amended 67 of 1990 s. 22) (b) (Repealed 42 of 1985 s. 2) (c) a discharge incidental to, or derived from, the normal operation of a vessel (including a dynamically supported craft) or of its equipment; (d) a discharge which requires a permit under the Dumping at Sea Ordinance (Cap 466); (Amended 18 of 1995 s. 34) (e) a discharge or deposit made- (i) by, or with the consent of, the Director of Marine for the purpose of carrying out harbour works or providing moorings or aids to navigation; (ii) in accordance with the grant of a Government lease or as part of the execution of a reclamation or other work of a public nature which has been authorized under section 7 or 8 of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127); (Replaced 63 of 1985 s. 21. Amended 29 of 1998 s. 72) (iii) (Repealed 63 of 1985 s. 21);(f) a discharge of unpolluted water, as defined in section 9(3). (Replaced 67 of 1990 s. 4) Cap 358 s 9 Prohibited discharges into communal sewers and communal drains |
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