A188
Grant of licences.
First Schedule.
Special provisions
where discharge licensed after cessation of
exemption.
Effect of a licence.
Ord. No. 41/80
WATER POLLUTION CONTROL
20. (1) Subject to section 21, the Authority may, not earlier than 40 days after the last notice is published in a newspaper pursuant to section 19(3), either grant or refuse to grant a licence.
(2) If he refuses to grant a licence the Authority shall notify the applicant in writing of his refusal and shall inform him of his reasons therefor.
(3) In the exercise of his discretion to grant or refuse to grant a licence the Authority shall—
(a) have as his purpose the attainment and maintenance of the
relevant water quality objective;
(b) grant a licence unless he considers that to do so would tend to
inhibit the achievement of that purpose,
and for the purposes of this subsection it shall be relevant for the Authority to have regard to the need to protect and ensure the efficient operation of the drainage and sewerage systems and the health and safety of persons engaged in the operation of those systems.
(4) Subject to section 21, the Authority may grant the licence 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.
(5) A licence shall specify a period of time during which any cancellation or variation thereof which imposes additional obligations on the person making the discharge or deposit shall, unless that person agrees otherwise, give rise to the liability to pay compensation provided for in
section 25.
21. Where a licence is applied for in respect of a discharge or deposit which, having been exempt under section 15(1), has ceased to be exempt by reason of section 16(1)(b), the following provisions shall apply-
(a) the applicant shall be entitled to a licence for so much of the
discharge or deposit as was previously exempt;
(b) the Authority shall not under section 20(4), but without prejudice to section 24, impose any new obligation on the applicant in relation to that part of the discharge or deposit which was previously exempt unless, in the opinion of the Authority, such part would have a significantly different effect on the relevant waters as a result of the change whereby the discharge or deposit ceased to be exempt under section 16(1)(b).
22. (1) A licence for the purposes of section 8(1)(a) shall, subject to the terms and conditions of the licence and during the period specified therein, authorize—
(a) the discharge of matter or any specified class or description of
matter into the waters of Hong Kong;
(b) the deposit of matter or any specified class or description of
matter (as provided in section 2(3)),
which, but for such authorization, would be a contravention of section 8(1)(a).
(2) A licence for the purposes of section 8(1)(b) shall, subject to the terms and conditions of the licence and during the period specified therein, authorize-
(a) the discharge of matter or any specified class or description of
matter into inland waters;
(b) the deposit of matter or any specified class or description of
matter (as provided in section 2(3)),
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A189
which, but for such authorization, would be a contravention of section 8(1)(b).
(3) A licence for the purposes of section 9(1) shall, subject to the terms and conditions of the licence and during the period specified therein, authorize
(a) the discharge of matter, or any specified class or description
of matter, into a public sewer or public drain;
(b) the deposit of matter, or any specified class or description of
matter (as provided in section 2(3)),
which, but for such authorization, would be a contravention of section 9(1).
(4) A licence shall not be limited to a discharge or deposit by a particular person but shall extend to the discharge or deposit in question when made by any person.
23. (1) During such period before the expiry of a licence as may Renewal of be prescribed, the person who is making the discharge or deposit may licences. apply in the prescribed form for a renewal of the licence.
(2) An application for renewal of a licence shall be accompanied by the prescribed fee.
(3) Section 19(3) and (4) shall apply for the purpose of publicly notifying an application for the renewal of a licence for the purposes of section 8(1)(a) or 8(1)(b) as if it were an application for a licence.
(4) The Authority may renew or refuse to renew the licence but in the case of an application for renewal of a licence for the purposes of 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) Subsections (2), (3), (4) and (5) of section 20 shall apply to the renewal of a licence as they apply to the grant or refusal of a licence under that section, but section 21 shall not apply on the renewal of a licence.
24. (1) Subject to section 6(6), the Authority may, by notice in Cancellation writing to a person who is making a discharge or deposit for which a or variation licence is in force, 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 discharge or deposit would tend to lessen that danger; or
(b) in the case of a licence for the purposes of section 9(1), the dis- charge 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) apply 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.
of a licence.