【法规名称】
【法规编号】 79318 什么是编号？
【正 文】
第4页 CAP 354N WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION
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[接上页] (3) In this section, "main contractor" (主要承判商) means a person who enters into a contract directly with an owner or occupier of any land, or with an agent or authorized architect, surveyor or engineer of such owner or occupier, to perform any construction work for such owner or occupier. (4) For the purpose of subsection (1), "value" (价值), in relation to construction work undertaken under a contract, means the consideration attributable to such work, as stated in, or ascertainable by reference to, the contract. (5) Notwithstanding subsection (4), if in a particular case the consideration attributable to the construction work concerned as determined in accordance with that subsection is below the reasonable consideration to be expected on the open market in respect of the carrying out of such work, that subsection shall be deemed to contain a reference to the reasonable consideration described in this subsection instead of the consideration described in that subsection. (6) For the purpose of subsection (5), the Director may, when ascertaining the reasonable consideration in respect of the carrying out of any construction work, have regard to all or any of the following matters- (a) the cost or value of materials to be used in the construction work; (b) the cost or value of time, work and labour to be involved in the construction work; (c) the equipment to be used in the construction work; (d) such overhead costs to be incurred in relation to the construction work as the Director considers reasonable; (e) the reasonable profit to be expected on the open market in respect of the carrying out of the construction work; (f) any other factors that the Director considers appropriate.(7) A main contractor who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine at level 5 and, in the case of a continuing offence, to a further daily fine of $1000 for each day during which the offence continues. (8) A main contractor who, without reasonable excuse, fails to comply with subsection (2) commits an offence and is liable to a fine at level 5. Cap 354N s 10 Deposits Remarks: not yet in operation (1) This section applies to any deposit paid to the Director by an account-holder in relation to a billing account. (2) No interest is payable to the account-holder on the deposit and the deposit is not transferable. (3) The Director may apply any such deposit towards the payment of any unpaid prescribed charge or surcharge outstanding under the billing account in relation to which the deposit is paid. (4) Subject to subsection (5), the Director shall refund to an account-holder the deposit or, if it has been applied under subsection (3), the balance, if any- (a) upon the closure, at the account-holder’s request, of the billing account; (b) upon the revocation of the billing account; or (c) if the Director is of the opinion that the deposit is no longer required.(5) The Director may refund to the account-holder only part of the deposit or the balance if the Director is of the opinion that only that part is no longer required. (6) The Director may at any time, by notice in writing to an accoun-tholder- (a) increase the amount required to be paid as a deposit by an amount specified in the notice; and (b) require the account-holder to pay the increase to the Director within the period and in the manner specified in the notice. Cap 354N s 11 Application for vessel to be approved for delivering construction waste to public fill reception facility Remarks: not yet in operation PART 4 DELIVERY OF CONSTRUCTION WASTE TO PUBLIC FILL FACILITIES BY VESSELS (1) The Director may, on application by an account-holder, approve a steel lighter or steel hopper barge to be used as a vessel for delivering inert construction waste to a public fill reception facility for disposal. (2) An application must be- (a) made to the Director in writing and in the specified form; and (b) accompanied by information or documents that enable the Director to determine the maximum load of the vessel concerned for the purpose of calculating the public fill charge applicable to it.(3) The specified form may require that- (a) it be completed in a specified way; (b) specified information or documents be included in or attached to it; or (c) it be submitted in a specified manner.(4) The Director may, by notice in writing, require an applicant to provide, within a reasonable period specified in the notice, additional information and documents as are reasonably necessary to enable the Director to determine the application. (5) Where a change in the information provided to the Director under this section occurs before the determination of the application, the applicant shall, as soon as reasonably practicable, inform the Director in writing of the change unless the application has been withdrawn. (6) If any requirement under subsection (2), (3), (4) or (5) is not complied with, the application is to be treated as not properly made. |
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