【法规名称】
【法规编号】 79346 什么是编号？
【正 文】
第11页 CAP 354 WASTE DISPOSAL ORDINANCE
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[接上页] (1) In this Part, unless the context otherwise requires- "competent authority" (主管当局) means such authority as may be designated by the government of a sovereign state to be responsible, within such geographical areas as that government deems, for receiving the notification of transboundary movement of waste, and any such information related to such movement, and for responding to such notification; "disposal" (处置), in relation to waste, means any transfer operation, storage, reprocessing, recycling, material recovery, deposit, destruction, discharge (whether into water or into a sewer or drain or otherwise) or burial (whether underground or otherwise), and "dispose of" shall be construed accordingly; "disposer" (处置者), in relation to waste imported into Hong Kong, means the person who carries out the disposal of the waste, or reuses the waste, in the manner contemplated in the application for a permit for the import of the waste; "export from Hong Kong" (输出香港), in relation to waste, means to take, or cause to be taken, out of Hong Kong any waste, but does not include a reference to waste which- (a) was brought into Hong Kong solely for the purpose of taking it out of Hong Kong; and (b) remained at all times in or on the vessel, aircraft, train or vehicle in or on which it was brought into Hong Kong;"exporter" (输出者), in relation to waste, means any person who arranges for waste to be exported; "import into Hong Kong" (输入香港), in relation to waste, means to bring, or cause to be brought, into Hong Kong any waste for the purpose of disposal or reuse in Hong Kong or for the purpose of loading prior to disposal or reuse in an area not under the jurisdiction of any state; "importer" (输入者), in relation to waste, means any person who arranges for waste to be imported; "management" (管理), in relation to waste, means the handling, transportation, disposal or reuse of the waste; "state of export" (输出国), in relation to the import of waste into Hong Kong, means a state, territory or geographical area from which such import is planned to be initiated or is initiated; "state of import" (输入国), in relation to the export of waste from Hong Kong, means a state, territory or geographical area to which such export is planned to take place for the purpose of disposal or reuse in that state, territory or geographical area or for the purpose of loading prior to disposal or reuse in an area not under the jurisdiction of any state; "state of transit" (过境国) means any state, territory or geographical area, other than Hong Kong or the state of export or the state of import, through which a transboundary movement of waste is planned or takes place; "transboundary movement" (越境移运) means any movement of waste from an area under the jurisdiction of one state or territory to or through an area under the jurisdiction of another state or territory, or to or through an area not under the jurisdiction of any state, where at least 2 such states or territories are involved in the movement. (2) For the purposes of this Part, waste is contaminated if it is contaminated by a substance to an extent which- (a) significantly increases the risk to human health, property or the environment associated with the waste; or (b) prevents the reprocessing, recycling, recovery or reuse of the waste in an environmentally sound manner,and "uncontaminated" (未受污染) in relation to waste shall be construed accordingly. (3) For the purposes of this Part, waste is managed or disposed of in an environmentally sound manner if it is managed or disposed of in a manner which will, as far as is practicable, protect human health and the environment against any adverse effects which may result from such waste. (4) This Part does not apply to waste that is- (a) derived from the normal operations of a vessel, aircraft, train or vehicle or its equipment; and (b) brought into or taken out of Hong Kong in or on the vessel, aircraft, train or vehicle. (Added 14 of 1995 s. 3) Cap 354 s 21 Applications for and grant of licences PART V LICENCES (1) A person who wishes to apply for a waste collection licence shall apply to the collection authority in the prescribed form. (2) A person who wishes to apply for a waste disposal licence shall apply to the waste disposal authority in the prescribed form. (3) An application under subsection (1) or (2) shall be accompanied by the prescribed fee. (Amended 8 of 1986 s. 8; 78 of 1999 s. 7) (4) Subject to section 21A, the appropriate licensing authority may either grant or refuse to grant a licence. (Amended 86 of 1991 s. 8) (5) If he refuses to grant a licence, the licensing authority shall within 30 days of such refusal notify the applicant in writing of his refusal and shall inform him of his reasons therefor. (6) The licensing authority shall not grant a licence under this section where he considers that, notwithstanding any authorization or requirement conferred or imposed pursuant to section 22- |
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