【法规名称】
【法规编号】 79346 什么是编号？
【正 文】
第7页 CAP 354 WASTE DISPOSAL ORDINANCE
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[接上页] (5) A notice is duly served if it is served personally on the livestock keeper or his employee, or is sent by registered post to the livestock keeper's last known address, or is left with any occupier over the age of 18 years of the livestock premises. (6) Any person who without reasonable excuse fails to comply with the directions of a notice issued under this section commits an offence and is liable to a fine of $50000 in the case of a first offence and a fine of $100000 in the case of a second or subsequent offence and, in addition, if the offence is a continuing offence to a fine of $10000 for each day or part of a day on which it is proved to the satisfaction of the court that the offence has continued. (Added 28 of 1994 s. 13) Cap 354 s 16 Prohibition of unauthorized disposal of waste PART IV DISPOSAL OF WASTE (1) Subject to subsection (2), a person shall not use, or permit to be used, any land or premises for the disposal of waste unless he has a licence from the Director to use the land or premises for that purpose. (Amended L.N. 76 of 1982; L.N. 74 of 1986; 86 of 1991 s. 6) (2) Subsection (1) shall not apply to the use of land for- (a) the disposal of household waste from a private dwelling if the disposal takes place within the curtilage of that dwelling; (b) the disposal of waste if the land is used for tipping by the Civil Engineering and Development Department or such use is authorized by the Director; (Amended L.N. 76 of 1982; L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004) (c) the deposit of any inert matter used as landfill (other than any matter to which the Dangerous Goods Ordinance (Cap 295) applies or that is toxic); (d) the deposit of any substance (other than chemical waste) which is being used in the course of agricultural or horticultural operations; (Amended 86 of 1991 s. 6) (e) the disposal of such other wastes, or classes of waste, or in such circumstances as may be prescribed.(3) Any person who contravenes subsection (1) commits an offence. (4) Where waste other than chemical waste is disposed of on unleased land, as defined in the Land (Miscellaneous Provisions) Ordinance (Cap 28), pursuant to a licence issued under section 5 of that Ordinance, no licence under subsection (1) shall be required. (Amended 86 of 1991 s. 6; 29 of 1998 s. 68) Cap 354 s 16A Unlawful depositing of waste Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 69 (1) Any person who without lawful authority or excuse deposits or causes or permits to be deposited any waste- (a) in a public place; (b) on any Government land; or (c) on any land other than Government land without the consent of the owner or occupier,commits an offence. (Amended 29 of 1998 s. 69) (2) In this section "Government land" (政府土地) means unleased land as defined in the Land (Miscellaneous Provisions) Ordinance (Cap 28). (Replaced 29 of 1998 s. 69) (Added 28 of 1994 s. 14) Cap 354 s 17 Notice to be given of prescribed wastes (1) Any person having in his possession waste of a class, quantity or other description as may be prescribed, shall- (a) before complying with any requirement imposed by regulations made under section 33(1)(ha); and (b) unless such waste has been exempted by regulations made under section 33(1),give notice to the Director regarding such waste in such form as may be specified by the Director by notice published in the Gazette. (2) The Director may give directions in writing to any person who is required to give notice under subsection (1), regarding the disposal of any waste in respect of which he is required to give such notice. (3) Directions under subsection (2) may be- (a) in addition to; (b) in substitution for; or (c) in variation of,any requirement imposed by regulations made under section 33(1)(ha) and in any particular case those regulations shall apply subject to any directions given in respect of such case. (4) Any person who fails to- (a) give notice to the Director as required under this section; or (b) comply with any direction given under this section,commits an offence. (Replaced 86 of 1991 s. 7) Cap 354 s 18 Penalties for offences under sections 16, 16A and 17 and defences (1) Any person who commits an offence under section 16 or 16A is liable- (a) for the first offence, to a fine of $200000 and to imprisonment for 6 months; (b) for a second or subsequent offence, to a fine of $500000 and to imprisonment for 6 months; and (c) in addition, if the offence is a continuing offence to a fine of $10000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 28 of 1994 s. 15)(1A) Any person who commits an offence under section 17 is liable- (a) for the first offence, to a fine of $100000; (b) for a second or subsequent offence, to a fine of $200000 and to imprisonment for 6 months; and (c) in addition, if the offence is a continuing offence to a fine of $10000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Added 28 of 1994 s. 15)(2) A person does not commit an offence under section 16, 16A or 17 if he proves that the waste was disposed of in an emergency to avoid danger to the public and as soon as was reasonably practicable he informed the Director thereof in writing. (Amended L.N. 76 of 1982; L.N. 74 of 1986; 28 of 1994 s. 15) |
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