980 Ed.]
Water Pollution Control
[CAP. 358
11
(a) the discharge or deposit in question is an existing discharge or deposit which is exempt under section 15; or
(b) the discharge or deposit in question is made under, and in accordance with, a licence granted under section 20; or
(c) where section 2(3) applies, the matter was deposited pursuant to an approval under subsection (2) and in accordance with the terms and conditions thereof; or
(d) he exercised all such care and took all such steps as the court considers reasonable in the circumstances to avoid the occurrence of the prohibited discharge or deposit; or
(e) the discharge or deposit was made in an emergency in order to avoid danger to life or property and as soon as was reasonably practicable he informed the Authority thereof in writing; or
(f) he acted under instructions given to him by his employer and complied with paragraph (d) to the extent which the court considers reasonable having regard to his position as an employee.
(LA)
འཇིགས་ཚད་
(2) The Director of Agriculture and Fisheries may by order published in the Gazette approve the making of any particular kind of deposit as a farming practice to which the provisions of subsections (1)(a) and (1)(b) of section 8, or either of those provisions, do not apply so far as it is made in such areas by such persons and in such manner as may be specified in the order.
(3) The power of the Director of Agriculture-and-Fisheries under subsection (2) extends to practices employed in all kinds of farming, including agriculture, animal husbandry and fish farming.
Environmental Protection
Restoration of waters by convicted person.
13. (1) Where any person has been convicted of an offence under section 8(1), 8(2), 9(1) or 9(2) the Authority may if he is of the opinion that—
(a) any part of the waters of Hong Kong suffered continuing damage as a direct result of the commission of the offence; and
(b) it is reasonably practicable to restore, or partially restore, that part to the condition it was in before the commission of the offence,
by notice in writing require the person so convicted to carry out such work as is specified in the notice to effect such restoration or partial restoration.
(2) A notice under subsection (1)—
(a) may specify the manner in which the work is to be carried out;
(b) shall stipulate the time before which the work shall be commenced and the time by which it shall be completed;