A200
Ord. No. 41/80
Application
of Ordinance
to Crown.
Environmental
Protection
Advisory Committee.
Ordinance
not to affect
or be affected by other Ordinances.
Consequential
amendments. Third Schedule.
Disapplication
of certain
enactments.
Fourth
Schedule.
WATER POLLUTION CONTROL
47. (1) Subject to this section, this Ordinance shall bind the Crown.
(2) Sections 8 and 9 shall not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Crown or on any person who makes any discharge or deposit which he is required to make in the course of carrying out his duties in the service of the Crown.
(3) If it appears to an Authority that any discharge or deposit is being, or has been, made in contravention of section 8(1) or 9(1) by any person in the course of carrying out his duties in the service of the Crown, he shall, if the contravention not forthwith terminated to the satisfaction of the Authority, report the matter to the Chief Secretary.
(4) On receipt of a report under subsection (3) the Chief Secretary shall inquire into the circumstances and, if his inquiry shows that a contravention of section 8(1) or 9(1) is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence.
(5) Any notice or application under this Ordinance concerning a discharge or deposit which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.
(6) Any notice under this Ordinance concerning a discharge or deposit which is to be, or may be, given by the Authority to the Crown shall be given to the principal officer of the Government Department which appears to the Authority to be responsible for the discharge or deposit or, in the event of any question arising as to which Department is responsible, to such public officer as the Chief Secretary shall determine.
(7) No compensation shall be payable under section 25 in respect of any discharge or deposit made by or on behalf of the Crown.
(8) No fee or charge prescribed for the purposes of this Ordinance shall be payable by the Crown.
48. If any question arises as to who are the body of persons for the time being constituting the Environmental Protection Advisory Com- mittee mentioned in sections 3, 5 and 46, the matter shall be referred to the Chief Secretary who shall determine the question by certificate under his hand.
49. (1) No exemption which arises for the purposes of this Ordinance by operation of section 15 and no licence shall be construed as a dis- pensation from the requirements of any other Ordinance except where that other Ordinance so provides.
(2) Without limiting section 8(3), the giving, granting or making of any direction, licence, permit, consent, approval or other requirement or authority under any other Ordinance shall not be taken to authorize any act or omission which contravenes section 8(1) or 9(1).
50. The enactments specified in the Third Schedule are amended in the manner specified therein.
51. Upon section 8(1)(a) or 9(1) becoming applicable to a discharge or deposit pursuant to section 7 the enactments mentioned in the first column of the Fourth Schedule shall have effect in relation to that dis- charge or deposit as if they were amended in the manner specified in the second column of that Schedule.
WATER POLLUTION CONTROL
FIRST SCHEDULE
Ord. No. 41/80
A201
[ss. 17(6), 18(7), 20(4), 24(6), 28(7) & 38.]
TERMS AND CONDITIONS SUBJECT TO WHICH A LICENCE MAY BE GRANTED OR AN EXEMPTION CONTINUED
1. The place and times or periods at or during which the discharge or
deposit may be made.
2. The design and construction of any plant or equipment used in making
the discharge or deposit.
3. The rate of discharge or deposit or the total amount thereof in rela- tion to the matter discharged or deposited or any constituent thereof.
4. The nature, composition, colour and temperature of the matter dis-
charged or deposited or of any constituent thereof.
5. The treatment of matter before it is discharged or deposited and the plant and equipment to be provided, maintained and used therefor.
6. The equipment and facilities to be provided for inspecting, sampling or measuring the discharge or deposit or any constituent thereof.
7. The maintenance and security of any equipment and facilities referred
to in paragraph 6.
8. The provision to the Authority of samples, and of the results of the
analysis of samples, of discharges and deposits.
9. The keeping of records in relation to the matters mentioned in para-
graphs 3 and 4.
10. The access of authorized officers to the equipment, facilities and
records referred to in paragraphs 6 and 9.
11. Precautions to be taken against matter discharged or deposited enter- ing any specified part of the waters of Hong Kong or any public drain or public sewer.
SECOND SCHEDULE
DETERMINATION OF COMPENSATION
[s. 27(2).]
1. A person who claims compensation under section 25 or 26 shall submit to the Authority particulars in writing of his claim.
2. (1) A claim under paragraph 1 shall be submitted- (a) where a licence or exemption is cancelled, within 1 year after the
cancellation;
(b) where a licence or exemption is varied so as to impose additional obligations on the person making the discharge or deposit, within 1 year after the completion of the works attributable solely to the requirement of the Authority.
(2) The period referred to in sub-paragraph (1) may, upon application made to the Governor either before or after the expiry of that period be extended in accordance with this paragraph.