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[接上页] Cap 354 s 19 Information as to waste delivered for disposal (1) The Director may require any person who delivers to him for disposal any waste (other than household waste) to state the nature of the waste and to give such other information relating to the waste as the Director may require. (Amended L.N. 76 of 1982; L.N. 74 of 1986) (2) Any person who, in complying with a requirement under subsection (1) makes any statement or gives any information which he knows to be incorrect in a material particular or who recklessly makes a statement or gives information which is incorrect in a material particular or knowingly omits any material particular therefrom commits an offence and is liable to a fine of $5000. Cap 354 s 20 (Repealed 14 of 1995 s. 2) Cap 354 s 20A Permit required for the import of waste into Hong Kong PART IVA CONTROL OF MOVEMENT OF WASTE INTO AND OUT OF HONG KONG (1) The import into Hong Kong of- (a) any waste of a kind specified in the Sixth Schedule, unless the waste is uncontaminated and is imported for the purpose of a reprocessing, recycling or recovery operation or the reuse of the waste; or (b) any waste of a kind specified in the Seventh Schedule, or not specified in the Sixth Schedule,requires a permit issued by the waste disposal authority under this section. (2) An application for a permit under this section- (a) shall be in the form that the waste disposal authority directs specifying- (i) the reason for the proposed waste import; (ii) the name and address of the importer of the waste; (iii) the name and address of the waste producer; (iv) the name and address of the disposer of the waste; (v) the address of the waste disposal or reuse facility to be used; (vi) the name and address of every intended carrier of the waste or his agent; (vii) the names of the states of export and transit and their competent authorities; (viii) whether the permit is for a single shipment or multiple shipments; (ix) the projected date of each shipment and the period of time over which waste is to be imported; (x) the mode of transportation envisaged; (xi) a physical description of the waste and its composition and information on any special handling requirements; (xii) the type of packaging envisaged; (xiii) the estimated quantity by weight or volume of waste to be imported; (xiv) details of the process by which and place at which the waste was or is being generated; (xv) a description of the method of disposal or reuse; and (xvi) such other information as the waste disposal authority may reasonably require to determine whether or not to issue a permit; and(b) shall be accompanied by- (i) documents confirming the contractual arrangements, if any, for the disposal or reuse of the waste; (ii) a contingency plan showing the procedures to be followed in case of accident; (iii) documents confirming the existence of the liability insurance and bond or other financial guarantee mentioned in subsection (4)(b); and (iv) the prescribed fee.(3) The waste disposal authority may either issue, with or without conditions, or refuse to issue a permit for the import of the waste, and shall notify the applicant of his decision and, in the case of refusal, the reasons for such refusal. (4) The waste disposal authority shall not issue a permit under this section for the import of any waste unless he is satisfied- (a) that the waste will be managed in Hong Kong in accordance with the laws of Hong Kong and in an environmentally sound manner; (b) that there is in force, or there will be in force at the time of the import of the waste- (i) liability insurance to cover claims arising out of damage to human health, property and the environment which may result from the import operation; and (ii) a bond, or other financial guarantee acceptable to the waste disposal authority, providing for payment to the waste disposal authority of the cost of any seizure or disposal of the waste under section 20F that may occur; and(c) in the case of waste to be imported other than for the purpose of reuse or a reprocessing, recycling or recovery operation, that- (i) the state of export does not have the facilities, capacity or disposal sites that would allow disposal of the waste in an environmentally sound manner; or (ii) the import of the waste is for a purpose which the waste disposal authority considers necessary or desirable in the interests of the environmentally sound and efficient management of the waste disposal system in Hong Kong; or(d) in the case of waste to be imported for reuse or for a reprocessing, recycling or recovery operation, that the waste is required as a raw material for such reuse or operation in Hong Kong. (Added 14 of 1995 s. 3) Cap 354 s 20B Permit required for the export of waste from Hong Kong (1) The export from Hong Kong of- (a) any waste of a kind specified in the Sixth Schedule, unless the waste is uncontaminated and is exported for the purpose of a reprocessing, recycling or recovery operation or the reuse of the waste; or |