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[接上页] (2) Any person who- (a) discharges or causes or permits to discharge; or (b) otherwise disposes of,solid or liquid livestock waste into any channel, ditch, communal sewer, reservoir, saline waters, spring, watercourse, well for potable use or public place otherwise than in accordance with Part III commits an offence and shall be liable to a fine of $50000. (3) If a person is convicted of an offence under this Part and that offence is a continuing offence, such person shall, in addition to the penalties which may be imposed under paragraph (1) or (2), be liable to a fine of $5000 for each day on which the offence continues. (Enacted 1988; L.N. 310 of 1994) Cap 354A reg 11 Defences In any proceedings for an offence under this Part it shall be a defence for the person charged- (a) in the case of a failure to comply with regulation 8(2)- (i) that the commission of the offence was due to the breakdown of a livestock waste treatment plant caused by circumstances beyond the control of that person; (ii) that the breakdown was reported to the Director within a period of 48 hours; and (iii) that the person charged or any other person under his control took all reasonable measures and exercised all due diligence to repair that plant and to bring it back into operation; or(b) in any other case- (i) that the commission of the offence was due to some cause beyond his control; and (ii) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control. (Enacted 1988) Cap 354A SCHEDULE [regulation 8] MINIMUM STANDARD OF LIQUID LIVESTOCK WASTE Item Area Relevant Date Standard biochemical oxygen demand :suspended solid (not exceeding the quantity in milligrams per litre of the waste as below) Livestock Waste Control Areas 1. Items 1 to 5 1 July 1994 1 July 1996 1 July 1997 250:250 100:100 50: 50 2. Items 6 to 8 1 July 1994 1 July 1997 1 July 1998 250:250 100:100 50: 50 3. Items 9 to 16 1 July 1994 1 July 1998 1 July 1999 250:250 100:100 50: 50 Livestock Waste Restriction Areas 4. Items 1 to 4 1 July 1994 1 July 1996 1 July 1997 250:250 100:100 50: 50 5. Items 5 to 11 1 July 1994 1 January 1997 1 January 1998 250:250 100:100 50: 50Note: Refer to the Second or Fifth Schedule of the Ordinance for a detailed description of the areas under the heading "Livestock Waste Control Areas" or "Livestock Waste Restriction Areas" respectively. (L.N. 310 of 1994) |