A202
Ord. No. 41/80
WATER POLLUTION CONTROL
(3) Notice of an application under sub-paragraph (2) shall be given to the Authority by the applicant.
(4) The Governor may extend the period within which particulars of a claim must be submitted to the Authority if he considers that the delay in submitting such particulars was occasioned by mistake of fact or mistake of any matter of law (other than the matters contained in sub- paragraph (1)) or by any other reasonable cause or that the Crown is not materially prejudiced by the delay.
(5) An extension may be granted by the Governor under sub- paragraph (4) with or without conditions for such period as he thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.
If the Authority and the claimant do not agree on the settlement 3. or compromise of the claim within 3 months of the submission of partic- ulars under paragraph 1, the claimant may notify the Authority that he desires a reference to a tribunal; and the Authority shall thereupon refer the claim with the particulars thereof to a tribunal, consisting of à District Judge nominated by the Chief Justice for the purpose.
4. The tribunal shall hear any evidence which the Authority or the claimant may wish to tender and, if so desired, hear counsel on behalf of the Authority and the claimant, and shall determine the amount of compensation, if any, to be paid to the claimant.
5. For the purposes of paragraph 4, the tribunal shall have powers similar to those vested in the Supreme Court for hearing evidence, determin- ing claims for damages and awarding costs.
6. The practice and procedure in connexion with any proceedings before a tribunal under this section shall be such as the tribunal may determine.
7. Any award or decision of a tribunal under this Schedule shall be final but if a party is dissatisfied with the decision as being erroneous in point of law, he may, within 1 month after the decision, require the tribunal to state and sign a case for the decision of the Court of Appeal.
8. The tribunal may direct that interest be paid on compensation (but not on costs) from such date and for such period as the tribunal thinks fit, at the lowest rate paid from time to time by members of the Exchange Banks Association on time deposits or at such other rate as may be determined by resolution of the Legislative Council.
9. All compensation, including interest thereon and costs, shall be paid from such money as may be provided from time to time by the Legislative Council.
THIRD SCHEDULE
[s. 50.]
(Cap. 132, sub. leg.)
Enactment
Public Cleansing and Prevention of Nuisances By-laws
Amendment
By-law 4 is amended by inserting after paragraph (3) the following-
"(4) No offence under paragraph (1)(c) is committed by a person who
WATER POLLUTION CONTROL
Enactment
Public Cleansing and Prevention of
Nuisances (New
Territories) Regulations
Marine Hawkers Regulations
Country Parks and Special Areas Regulations
Mining Ordinance
(41 of 1980.)
Amendment
Ord. No. 41/80
A203
makes a discharge or deposit under and in accordance with—
(a) a licence granted under section 20 of the Water Pollution Control Ordinance 1980; or
(b) an exemption which arises under section 15 of that Ordinance.".
Regulation 4 is amended by inserting after (Cap. 132, paragraph (3) the following paragraph-
(41 of 1980.)
"(4) No offence under paragraph (1)(c) is committed by a person who makes a discharge or deposit under and in accordance with-
(a) a licence
Water
granted under section 20 of the Pollution Control Ordinance 1980; or
(b) an exemption which arises under section 15 of that Ordinance.".
Regulation 19 is revoked.
Regulation 12 is amended-
(41 of 1980.)
sub. leg.)
(Cap. 160,
sub. leg.)
(Cap. 208,
sub. leg.)
(a) by being renumbered as paragraph (1); (b) by inserting after paragraph (1) the
following
"(2) No offence under paragraph (1)(b) is committed by a person who makes a discharge or deposit under and in accordance with-
(a) a licence granted under section 20 of the Water Pollution Control Ordinance 1980; or
(b) an exemption which arises under section 15 of that Ordinance.".
The Ordinance is amended by adding after sction (Cap. 285.) 28 the following-
"Discharges
and deposits under Water Pollution
Control Ordinance.
(41 of 1980.)
28A. No offence under section 27 or 28 is committed by a person who makes a discharge or deposit under and in accordance with-
(a) a licence granted under section 20 of the Water Pollution Control Ordinance 1980; or
(b) an exemption which arises under section 15 of that Ordinance.".