【法规名称】
【法规编号】 79316 什么是编号？
【正 文】
第6页 CAP 358 WATER POLLUTION CONTROL ORDINANCE
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[接上页] (2) Following completion of the work the Authority shall reinstate any land that was entered to carry out the work under subsection (1), as far as it is practicable to do so, to the condition it was in before the entry. (3) All costs incurred by the Authority in carrying out work under this section, including any compensation paid by the Authority under the regulations to a third party, are recoverable from any person who is responsible for the damage to the waters of Hong Kong, regardless of whether or not the person has been convicted of an offence referred to in subsection (1). (Added 83 of 1993 s. 10) Cap 358 s 14 Notices of existing discharges and deposits PART IV LICENSING OF EXISTING DISCHARGES AND DEPOSITS (1) After a day appointed by order under subsection (2) of section 7 and before a day appointed by order under subsection (3) of that section a person may apply to the Authority for a licence under section 15 in respect of an existing discharge or deposit to which those orders apply. (2) An application under subsection (1) shall be in such manner and form and contain such information and estimates as may be prescribed. (2A) The Authority is not required to consider an application under subsection (1) unless it is made by- (a) the person who makes or authorizes the discharge or deposit; or (b) the owner or occupier of the premises from which the discharge or deposit is made. (Added 67 of 1990 s. 10)(2B) 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 (Replaced 83 of 1993 s. 11) (3) (Repealed 83 of 1993 s. 11) (Amended 67 of 1990 s. 10) Cap 358 s 15 Licensing of existing discharges and deposits Remarks: Amendments retroactively made - see 29 of 1998 s. 73 (1) After receipt of an application and the prescribed fee under section 14, the Authority shall grant a licence under this section for the existing discharge or deposit unless- (a) he considers that the discharge or deposit endangers or is likely to endanger public health; (b) he considers that the discharge or deposit is or is likely to be harmful to the health or safety of any person engaged in the operation or maintenance of a drainage or sewerage system; (c) he considers that the discharge or deposit is or is likely to be harmful to a drainage or sewerage system; or (d) it has come to his attention that the discharge or deposit is made from premises that were erected in contravention of section 4 of the Land (Miscellaneous Provisions) Ordinance (Cap 28); or (Amended 29 of 1998 s. 73) (e) it has come to his attention that where the discharge or deposit is made from premises on land held under a Government lease or on land occupied under a licence issued under section 5 of the Land (Miscellaneous Provisions) Ordinance (Cap 28), the discharge or deposit is in breach of that Government lease or licence. (Amended 83 of 1993 s. 12; 29 of 1998 s. 73)(2) If the Authority refuses to grant 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. (3) A licence granted under this section expires, as specified by the Authority in the licence, not less than 2 years after the day appointed by order under section 7(3) in respect of the discharges or deposits. (Amended 83 of 1993 s. 12) (3A) Despite subsection (3) but subject to section 24, the Authority may, in respect of a licence granted under this section exclusively for the discharge of domestic sewage, as defined in section 9(3), specify in the licence that it continues in effect indefinitely. (Added 83 of 1993 s. 12) (4) The Authority may grant 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 existing discharge or deposit. (Replaced 67 of 1990 s. 11) Cap 358 s 16 Transitional; licensing of exempted discharges and deposits Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 74 (1) Where, immediately before the date of commencement* of the Water Pollution Control (Amendment) Ordinance 1990 (67 of 1990), a discharge or deposit was exempt under section 15 as in force before that date, the discharge or deposit shall be deemed to be licensed under a licence granted under this subsection subject to any terms and conditions that were imposed in relation to the exempted discharge or deposit, and the licence shall continue in effect until the earlier of- (a) its replacement by a new licence granted under subsection (3); or (b) 2 years after the date of commencement* of the Water Pollution Control (Amendment) Ordinance 1990 (67 of 1990).(2) The Authority shall cancel a licence deemed to have been granted under subsection (1) where he considers that- (a) the discharge or deposit endangers or is likely to endanger public health; |
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