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[接上页] (9) A technical memorandum issued under this section shall come into operation- (a) in the case where before the expiration of the period referred to in subsection (5) or, before the expiration of that period as extended under subsection (6) or (7), the Legislative Council does not pass a resolution amending the technical memorandum, upon the expiration of that period or, upon the expiration of that period as so extended, as the case may be; and (b) in the case where the Legislative Council passes a resolution amending the technical memorandum, upon the expiration of the day next preceding the day of the publication in the Gazette of such resolution under subsection (8).(10) In this section, "sitting" (立法局会议), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included on the order paper. (Added 89 of 1993 s. 35) (Replaced 67 of 1990 s. 11)___________________________________________________________________ Note: * For the transitional provision relating to this subsection as amended by section 11 of the Extension of Vetting Period (Legislative Council) Ordinance 2002 (8 of 2002), see section 12 of that Ordinance. Cap 358 s 22 Effect of a licence (1) A licence for the purposes of section 8(1)(a) shall, subject to the terms and conditions of the licence and during the period specified therein, authorize- (a) the discharge of matter or any specified class or description of matter into the waters of Hong Kong; (b) the deposit of matter or any specified class or description of matter (as provided in section 2(3)),which, but for such authorization, would be a contravention of section 8(1)(a). (2) A licence for the purposes of section 8(1)(b) shall, subject to the terms and conditions of the licence and during the period specified therein, authorize- (a) the discharge of matter or any specified class or description of matter into inland waters; (b) the deposit of matter or any specified class or description of matter (as provided in section 2(3)),which, but for such authorization, would be a contravention of section 8(1)(b). (3) A licence for the purposes of section 9(1) shall, subject to the terms and conditions of the licence and during the period specified therein, authorize- (a) the discharge of matter, or any specified class or description of matter, into a communal sewer or communal drain; (Amended 67 of 1990 s. 22) (b) the deposit of matter, or any specified class or description of matter (as provided in section 2(3)),which, but for such authorization, would be a contravention of section 9(1). (4) A licence shall not be limited to a discharge or deposit by a particular person but shall extend to the discharge or deposit in question when made by any person. Cap 358 s 23 Renewal of licences (1) During such period before the expiry of a licence granted under section 20 as may be prescribed, the person who is making the discharge or deposit may apply in the prescribed form for a renewal 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. 15) (3) Section 19(3), (3A) and (4) shall apply for the purpose of publicly notifying an application for the renewal of a licence for the purposes of section 8(1)(a) or 8(1)(b) as if it were an application for a licence. (3A) Despite subsection (3), section 19(3), (3A) and (4) shall not apply for the purpose of publicly notifying an application where the application is in respect of a discharge from an applicant's establishment that consumes 10 m3 or less of water a day and the rate of flow of the discharge applied for is not greater than that. (Added 83 of 1993 s. 15) (4) The Authority may renew or refuse to renew the licence but, except where section 19(3A) applies, in the case of an application for renewal of a licence for the purposes of section 8(1)(a) or 8(1)(b) shall not do so earlier than 30 days after the last notice is published in a newspaper pursuant to subsection (3). (5) Subsections (2), (3), (4) and (5) of section 20 shall apply to the renewal of a licence as they apply to the grant or refusal of a licence under that section. (Amended 67 of 1990 s. 22) Cap 358 s 23A Renewal of section 16 licences (1) During such period before the expiry of a licence originally granted or deemed to have been granted under section 16 as may be prescribed, the person making the discharge or deposit may apply to the Authority in the prescribed form for renewal 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. 16) (3) Section 19(3), (3A) and (4) apply for the purpose of publicly notifying an application under subsection (1) as if it were an application for a licence under that section. (3A) Despite subsection (3), section 19(3), (3A) and (4) shall not apply for the purpose of publicly notifying an application where the application is in respect of a discharge from an applicant's establishment that consumes 10 m3 or less of water a day and the rate of flow of the discharge applied for is not greater than that. (Added 83 of 1993 s. 16) |