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Ord. No. 41/80
Further powers
in relation to
an existing
discharge or deposit.
First Schedule.
Applications for approval of changes in
discharges
or deposits.
WATER POLLUTION CONTROL
17. (1) Subject to section 6(6), the Authority may, by notice in writing to a person who is making a discharge or deposit which is exempt under section 15(1), exercise any of the powers set out in subsection (3) if he considers that-
(a) any part of the waters of Hong Kong are in such a condition as to constitute a danger to the health of the public, or a section of the public, and the exercise of the power in relation to the exempt discharge or deposit would tend to lessen that danger; or (b) in the case of an exemption from section 9, the discharge or deposit may be harmful to the drainage or sewerage system, or any part thereof, or to the health or safety of any person engaged in the operation thereof.
(2) Where neither paragraph (a) nor paragraph (b) of subsection (1) applies to a discharge or deposit, the Authority may (by notice in writing as provided in that subsection) exercise any power set out in subsection (3), in relation to that discharge or deposit, only with the prior approval of the Governor in Council, as to both the exercise and the manner of the exercise of the power, or with the agreement of the person who is making the discharge or deposit.
(3) The powers referred to in subsections (1) and (2) are—
(a)
(i) to impose terms and conditions subject to the observance of which, as from a specified date, the exemption shall continue in force;
(ii) to declare the exemption liable to cancellation if at any time the person fails to observe any such term or condition;
(iii) to cancel the exemption as from a specified date if the person fails to observe any such term or condition;
(b) to cancel the exemption as from a specified date;
(c) to amend or add to any notice previously given under this section. or any part of such notice, or to substitute a new notice for it. (4) The Authority may revoke a notice previously given under this section, subject to the further approval of the Governor in Council in the case of a revocation which affects anything previously done under this section with the approval of the Governor in Council.
(5) The date specified in a notice for the imposition, amendment or addition of any term or condition under paragraph (a)(i) or (c) of sub- section (3) or for the cancellation of an exemption under paragraph (a)(iii) or (b) thereof shall be not less than 90 days after the day on which the notice is given to the person who is making the discharge or deposit. (6) Subject to subsection (2), the Authority may impose such terms and conditions under subsection (3) as he thinks fit including any term or condition—
(a) requiring the person to restrict or from time to time to suspend
the discharge or deposit;
(b) relating to the matters set out in the First Schedule.
18. (1) A person who is making a discharge or deposit which is exempt under section 15(1) may apply to the Authority in the prescribed form for-
(a) a variation or cancellation of any term or condition imposed
by the Authority under section 17;
(b) approval of a change in the period within which the discharge
or deposit may be made;
(c) approval of the addition to the discharge or deposit of a new component, being a substance normally resulting from the carry- ing on of the trade or business carried on by the applicant at
WATER POLLUTION CONTROL
Ord. No. 41/80
A187
the date appointed by the Governor by order under section 7(2) which applies to the discharge or deposit.
(2) An application under subsection (1) shall be accompanied by the prescribed fee.
(3) Section 19(3) and (4) shall apply for the purpose of publicly notifying an application under this section which relates to an exemption from section 8(1)(a) or 8(1)(b) as if it were an application for a licence.
(4) The Authority may either grant the application in whole or in part or refuse to grant it but in the case of an application which relates to an exemption from section 8(1)(a) or 8(1)(b) shall not do so earlier than 30 days after the last notice is published in a newspaper pursuant to subsection (3).
(5) If the Authority refuses to grant an application or any part thereof he shall notify the applicant and shall inform him of the reasons for his refusal.
(6) Section 20(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence.
(7) The Authority may grant an application in such terms and on such conditions as he thinks fit (including terms and conditions relating
to the matters set out in the First Schedule) except that, without pre- First Schedule. judice to section 17, he shall not impose any new obligation on the applicant in relation to that part of the discharge or deposit which is already exempt unless, in his opinion, such part would have a significantly different effect on the relevant waters as a result of the granting of the application.
PART V
LICENSING OF DISCHARGES AND DEPOSITS
19. (1) A person who wishes to obtain a licence for the purposes Applications of section 8(1)(a), 8(1)(b) or 9(1) shall apply to the Authority in the for licences. prescribed form.
(2) An application under subsection (1) shall be accompanied by the prescribed fee.
(3) The Authority shall publicly notify all applications for licences for the purposes of section 8(1)(a) or section 8(1)(b)—
(a) by entering in the register such particulars thereof as may be
prescribed;
(b) by causing a notice to be published at the expense of the applicant in an English language and a Chinese language news- paper determined by the Authority containing such particulars of the application and other information as may be prescribed and a statement of the place or places where a copy of the application may be inspected.
(4) During the period of 30 days after the last notice is published pursuant to subsection (3)—
(a) a copy of the application shall be kept at each place notified under subsection (3)(b) and shall be available for inspection by the public during normal office hours;
(b) any person may, in such manner as may be prescribed, object to the granting of the application on the ground that it would tend to inhibit the attainment or maintenance of the relevant water quality objective.