|
Remarks: not yet in operation (Cap 354 section 33) [ ] (L.N. 161 of 1995) Cap 354K s 1 Commencement Remarks: not yet in operation This Regulation shall come into operation on a day to be appointed by the Secretary for the Environment, Transport and Works by notice in the Gazette. (78 of 1999 s. 7; L.N. 106 of 2002) Cap 354K s 2 Charges for disposal of waste Remarks: not yet in operation (1) Any person who disposes of any waste at any land used for tipping by the Civil Engineering and Development Department or authorized by the Director shall pay to the Director the appropriate charge prescribed in Schedule 1. (L.N. 265 of 1995; L.N. 104 of 2004) (2) (Repealed 78 of 1999 s. 7) (3) The Director may specify the manner in which any charge payable under this section shall be paid. (4) Any charge payable under this section shall be recoverable as a civil debt due to the Crown. (5) For the avoidance of doubt, nothing in this section shall require any person to pay the charge prescribed in Schedule 1 for the disposal of any waste at a reclamation authorized under the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127). (L.N. 265 of 1995) (6) Where waste is carried to land used for tipping by the Civil Engineering and Development Department or authorized by the Director for disposal by means of a vehicle on which a classifying label issued under subsection (7) is displayed in such manner as may be specified by the Director, no charge shall be payable under subsection (1), but the driver of the vehicle shall pay the appropriate charge prescribed in Schedule 2. (L.N. 265 of 1995; L.N. 104 of 2004) (7) For the purpose of subsection (6), the Director may issue classifying labels by reference to the permitted gross vehicle weight of vehicles as described in Schedule 2. (L.N. 265 of 1995) (8) A fee of $200 is payable to the Director for a classifying label issued under subsection (7). (L.N. 265 of 1995) Cap 354K s 3 Exemption of charge Remarks: not yet in operation (1) The Director may, on any conditions as he thinks fit, exempt any person from paying any charge under section 2 if he is satisfied that the waste that the person seeks to dispose of is household waste. (2) For the purposes of subsection (1), the Director may require any person to furnish to him any information or to make any certification as he thinks fit. Cap 354K s 4 Offences and penalties Remarks: not yet in operation (1) Any person who contravenes section 2 commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (2) Any person who knowingly or recklessly provides incorrect or misleading information or knowingly or recklessly certifies as correct anything which is incorrect for the purpose of section 3(2) commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. (3) If the permitted gross vehicle weight of a vehicle displaying a classifying label for the purpose of section 2(6) exceeds the maximum permitted gross vehicle weight covered by the category of the classifying label displayed, the driver of the vehicle commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (L.N. 265 of 1995) Cap 354K Sched 1 CHARGES FOR DISPOSAL OF WASTE AT LAND USED FOR TIPPING Remarks: not yet in operation [section 2] (L.N. 265 of 1995) Item Particular Charge for load of waste $ 1. For each load of 1 tonne or less 43 2. For each load of more than 1 tonne 43 per tonne or part thereof 3. For each load of waste in respect of which the Director is of the opinion that- (a) it is impracticable to ascertain the actual weight of the load; or (b) to ascertain the actual weight of the load will cause public health problems 43Note: In assessing the charge payable under item 2, any weight of less than 1/10 tonne shall be disregarded. Cap 354K Sched 2 CHARGES FOR DISPOSAL OF WASTE AT LAND USED FOR TIPPING IN RESPECT OF WASTE CARRIED BY A VEHICLE DISPLAYING A CLASSIFYING LABEL Remarks: not yet in operation [section 2] Category of classifying label Permitted gross vehicle weight of vehicle Charge for each vehicle load of waste $ 1 5.5 tonnes or less 86 2 More than 5.5 tonnes but not more than 10 tonnes 129 3 More than 10 tonnes but not more than 16 tonnes 172 4 More than 16 tonnes but not more than 24 tonnes 344 5 More than 24 tonnes 688 (L.N. 265 of 1995) |