(Cap. 102.)
"cxisting deposit, in relation to a water control zone, means a deposit
of matter which-
(a) was made, whether or not regularly or continuously, in any place and which is, or of which a component is, likely to enter the waters of Hong Kong or into inland waters or a public sewer or public drain in that zone; and
(b) was so made during the period of 12 months ending with the day appointed by the Governor by order under section 7(2) which applies to that zone and that deposit;
"existing discharge", in relation to a water control 2005, means a dis- charge of matter which was made, whether or not regularly or contiguously—
(0) into the waters of Hong Kong or into inland waters; or () into a public sewer or public drain,
in that zone during the period of 12 months ending with the day appointed by the Governor by order under section 7(2) which applies 10 that zone and that discharge;
"inland waters" means any river, stream, watercourse, lake, pool or pand, whether natural or artificial or above or below ground, and the bed or channel of any such river, stream, watercourse, lake, pool or pond which is for the time being dry, but excluding-
(a) a lake, pool or pond the waters of which do not enter fabelher directly or by way of another lake, pool or pond) any river, Stream or watcrcourse or the territorial waters of (idal waters of Hong Kong unless the lake, pool or pood is brought within this definition by regulations made under section 46(1)();
(6) waters in any waterworks within the definition of watervorks
In section 2 of the Waterworks Ordinance;
(c)
any drain or sewer,
"licence" means a licence granted under section 20:
"public drain" means a drain which is vested in and maintained by the
Government as a public utility;
"public sewer" means a sewer which is vested in and maintained by the
Government as a public utility;
W
"register" means a register required to be kept under scetion 42: "Secretary" means the Secretary for the Environment;
'water control zone" means any part of Hong Kong declared to be a
water control zone under section 4;
"water quality objective" means a water quality objective established by
the Secretary under section 5;
"waters of Hong Kong" means all inland waters, territorial waters and tidal waters of Hong Kong and in sections 5(1), 6(5)°), 13(1), 17, 24 and 29(4)a) includes the Bora and fauna thereof.
(2) References in this Ordinance to discharging or making a discharge of matter into the waters of Hong Kong or into Inland waters or into a public sewer or public drain are references to causing or permitting that matter to enter those waters or the public sewer or public drain (whether by emitting, throwing, placing or by any olber means) at the place where the maller first enters the same.
3
(3) References in this Ordinance to discharging or making a discharge of matter into the waters of Hong Kong or into inland waters or into a public sewer or public drain in the water control zone include causing or permitting matter to be deposited in any place (whether in that zone or elsewhere) fo circumstances where the matter, or any component of it. is likely to enter the waters of Hong Kong or inland water in that zone or to enter the public sewer or public drain within a reasonably fore- seeable time by falling, descending, percolating or being carried by wind
or water.
3. (1) The Governor may give such directions as he thinks ft. Governor either generally or in any particular case, with respect to the exercise or day din performance by the Secretary or an Authority of any powers, functions dfreedocs.
or duties under this Ordinance.
(2) The Secretary and an Authority shall, in the exercise or pre- formance of their respective powers, functions and duties under this Ordinance Comply with any directions given by the Governor under subsection (1).
PART II
WATER CONTROL ZONES AND WATER QUALITY OBJECTIVES
(1) The Governor in Council may by order published in the Water contral
2008 And Autorite
Gazette-
(a) after consultation with the Environmental Protection Advisory therefor.
Committee, declare any part of Hong Kong to be a water control zone for the purposed of this Ordinance;
(6) designate a public officer by name or office to be the Authority for any water control zone and as such, subject to subsection (3), to exercise and perform in respect of that zone the functions, powers and duties conferred on the Authority by this Ordinance.
(2) An order under subsection (1)(6) may, subject to subsection (3). designate different public officers to be Authorities for a water control zone in relation to the discharge or deposit of any specifled classes or descriptions of matter or matter resulting from the operation of specified classes or descriptions of trade or industry.
(3) Notwithstanding any designation under subsection (1X). The Director of Public Works shall be the Authority for the purposes of enforcing the prohibition in section 9 and exercising and performing any power, function or duty under this Ordinance in relation to discharges into public sewers and public draina.
(4) An order under subsection (1) shall, for each water control zone constituted thereby-
(a) make reference to a plan or map of that zone deposited in the
Land Office at Victoria; or
(8) sufficiently describe the zone by other means.
5. (1) The Secretary shall, after consultation with the Environmental Secretary Protection Advisory Committee, establish for the waters of Hong Kong to lich in cach water control zone a water quality objective or different objectives estives. for different parts of a zone.