【法规名称】
【法规编号】 79316 什么是编号？
【正 文】
第5页 CAP 358 WATER POLLUTION CONTROL ORDINANCE
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[接上页] Cap 358 s 12 Defences (1) A person does not commit an offence under section 8(1), 8(2), 9(1) or 9(2) if he proves that- (a) the discharge or deposit in question is an existing discharge or deposit- (i) in respect of which an application under section 14 has been made and the prescribed application fee paid when required and the applicant has not been notified of a refusal to grant a licence as required by section 15(2); or (ii) which is made under, and in accordance with, a licence granted under section 15, 16 or 23A; or (Replaced 67 of 1990 s. 8. Amended 83 of 1993 s. 8)(b) the discharge or deposit in question is made under, and in accordance with, a licence granted under section 20; or (c) where section 2(3) applies, the matter was deposited pursuant to an approval under subsection (2) and in accordance with the terms and conditions thereof; or (d) (Repealed 67 of 1990 s. 8) (e) the discharge or deposit was made in an emergency in order to avoid danger to life or property and as soon as was reasonably practicable he informed the Authority thereof in writing; or (f) he acted under instructions given to him by his employer and he exercised the care and took the steps that the court, having regard to his position as an employee, considers reasonable in the circumstances to avoid the occurrence of the prohibited discharge or deposit. (Replaced 67 of 1990 s. 8)(1A) A person does not commit an offence under section 8(1A) if he proves that- (a) the discharge or deposit was made in an emergency in order to avoid danger to life or property and as soon as was reasonably practicable he informed the Authority thereof in writing; or (b) he acted under instructions given to him by his employer and he exercised the care and took the steps that the court, having regard to his position as an employee, considers reasonable in the circumstances to avoid the occurrence of the prohibited discharge or deposit. (Added 67 of 1990 s. 8)(1B) A person does not commit an offence under section 8 or 9 in respect of a discharge- (a) that is licensed under the Waste Disposal Ordinance (Cap 354); or (b) that complies with the Waste Disposal (Livestock Waste) Regulations (Cap 354 sub. leg.). (Added 67 of 1990 s. 8)(2) The Authority may by order published in the Gazette approve the making of any particular kind of deposit as a farming practice to which the provisions of subsections (1)(a), (1)(b) and (1A) of section 8, or either of those provisions, do not apply so far as it is made in such areas by such persons and in such manner as may be specified in the order. (Amended L.N. 74 of 1986; 67 of 1990 s. 22; 83 of 1993 s. 8) (3) The power of the Authority under subsection (2) extends to practices employed in all kinds of farming, including agriculture, animal husbandry and fish farming. (Amended L.N. 74 of 1986; 83 of 1993 s. 8) Cap 358 s 13 Restoration of waters by convicted person (1) Where any person has been convicted of an offence under section 8(1), 8(1A), 8(2), 9(1) or 9(2) the Authority may if he is of the opinion that- (Amended 67 of 1990 s. 22) (a) any part of the waters of Hong Kong suffered continuing damage as a direct result of the commission of the offence; and (b) it is reasonably practicable to restore, or partially restore, that part to the condition it was in before the commission of the offence,by notice in writing require the person so convicted to carry out such work as is specified in the notice to effect such restoration or partial restoration. (2) A notice under subsection (1)- (a) may specify the manner in which the work is to be carried out; (b) shall stipulate the time before which the work shall be commenced and the time by which it shall be completed; (c) shall be addressed to and served personally or by registered post on the person who committed the offence.(3) If a person fails to comply with a notice under subsection (1) served on him, the Authority may, without further notice but subject to subsection (4), carry out or cause to be carried out the work, or the remaining work, specified in the notice and recover from that person the cost of so doing as a civil debt due to the Crown. (4) The Authority shall not exercise the power in subsection (3)- (a) until after the expiry of the time allowed under section 29(3) for appeal against a requirement under subsection (1); and (b) where an appeal is brought, until it is determined, withdrawn or abandoned.(5) (Repealed 83 of 1993 s. 9) Cap 358 s 13A Restoration of waters by Authority (1) Where the Authority considers that there has been an offence committed under section 8(1), 8(1A), 8(2), 9(1) or 9(2) and he considers that- (a) any part of the waters of Hong Kong is suffering continuing damage as a direct result of the commission of the alleged offence; (b) it is reasonably practicable to restore, or partially restore, that part to the condition it was in before the commission of the alleged offence; and (c) the damage is so severe that work to restore or partially restore the waters should start before any person has been charged or convicted,the Authority may carry out work to restore or partially restore the waters. |
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