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[接上页] (b) 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) the discharge or deposit is or is likely to be harmful to a drainage or sewerage system; (d) the discharge or deposit is made from premises erected in contravention of section 4 of the Land (Miscellaneous Provisions) Ordinance (Cap 28); (Amended 29 of 1998 s. 74) (e) where the discharge 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 29 of 1998 s. 74) (f) the location of the discharge or deposit or the times or periods of the discharge or deposit differ from that set out in the notice given under section 14 as in force before the date of commencement* of the Water Pollution Control (Amendment) Ordinance 1990 (67 of 1990) or differs from any variation, cancellation or approval granted under section 18 as in force before that date; or (g) there has been a breach of any of the terms or conditions of the licence.(3) The Authority may, at any time before the expiry of a licence deemed to have been granted under subsection (1), grant a new licence to replace a licence deemed to have been granted under subsection (1) 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 impose more stringent terms or conditions in respect of the flow rate or characteristics of 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). (4) A licence granted under subsection (3) expires 2 years after the date of commencement* of the Water Pollution Control (Amendment) Ordinance 1990 (67 of 1990). (5) A licence under subsection (3) shall be granted only to- (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. (Replaced 67 of 1990 s. 11)___________________________________________________________________ Note: * Commencement date: 1 December 1990. Cap 358 s 17 Tolo Harbour-transitional (1) In this section- "existing deposits" (现有的沉积) and "existing discharges" (现有的排放) have the same meanings as in section 2(1) but the "day appointed" (指定日期) referred to in the definitions of those expressions shall be construed as the date of commencement* of the Water Pollution Control (Amendment) Ordinance 1990 (67 of 1990); "remaining discharges and deposits" (其余的排放及沉积) means all existing discharges and existing deposits that are not specified in the Schedule to the Water Pollution Control (Tolo Harbour and Channel Water Control Zone) (Appointed Days) Order (Cap 358 sub. leg.). (2) For the purposes of section 16(1), all remaining discharges and deposits that would, as set out in section 7(3)(a) or (b), affect the Tolo Harbour and Channel Water Control Zone shall be deemed to have been exempted under section 15 as in force before the date of commencement* of the Water Pollution Control (Amendment) Ordinance 1990 (67 of 1990) other than those discharges and deposits made form premises referred to in section 15(3(a) and (b) as then in force. (Replaced 67 of 1990 s. 11)___________________________________________________________________ Note: * Commencement date: 1 December 1990. Cap 358 s 18 (Repealed 67 of 1990 s. 11) Cap 358 s 19 Applications for licences PART V LICENSING OF DISCHARGES AND DEPOSITS (1) A person who wishes to obtain a licence under section 20 for the purposes of section 8(1)(a), 8(1)(b) or 9(1) shall apply to the Authority in the prescribed form. (Amended 67 of 1990 s. 22) (1A) 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. 12)(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. 13) (3) The Authority shall publicly notify all applications for licences under section 20 for the purposes of section 8(1)(a) or section 8(1)(b)- (Amended 67 of 1990 s. 22) (a) by entering in the register such particulars thereof as may be prescribed; (b) by causing a notice to be published at the expense of the applicant in an English language and a Chinese language newspaper determined by the Authority containing such particulars of the application and other information as may be prescribed and a statement of the place or places where a copy of the application may be inspected.(3A) Subsection (3)(b) does not apply where the application is for a licence to discharge domestic sewage from a separate household unit. (Added 67 of 1990 s. 12) |