Application of Ordinance to Crowds.
Consequential
lázat.
Sebedule.
Texoptional
pro kalona. (Cap. 132)
(Cap. 192)
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liable to criminal proceedings of any kind but any such failure may, in any proceedings whether civil or criminal and including proceedings for an offence under this Ordinance, be relied upon as tending to establish or to negative any liability which is in question in those proceedings.
36. (1) Subject to this section, this Ordinance shall bind the Crown, (2) Sections 16, 17, 19 god 20 shall not have effect to permit pro- ceedings to be taken against, or to impose any criminal liability on, the Crown or any person who does any act which be is required "to do in the course of currying out his duties in the service of the Crown.
(3) If it appears to the Director of Public Works that there has been a contravention of section 16. 17. 19 or 20 by any person in the course of carrying out his duties in the service of the Crown, he shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary,
(4) On receipt of a report under subsection (3) the Chief Secretary shall enquire into the circumstances and, if bis enquiry shows that a contravention of section 16, 17, 19 or 20 is coolinuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the conlravcation or avoid the recurrence,
(3) Any notice or application under this Ordinance concerning a deposit or disposal of waste which is to be, or may be given or made by or on bobalt of the Crown may be given or made by any public officer on behalf of the Crown,
(6) Any notice or application under this Ordinance concerning a deposit or discharge of waste which is to be, or may be, given to the Crown shall be given to the principal officer of the appropriate waste disposal authority which appears to be responsible for the deposit or disposal or, in the event of any questipo arising as to which waste disposal authority is responsible," to such public "officer as the Chief Secretary shall determine.
(7) No fea or charge prescribed for the purposes of this Ordinance shall be payable by the Crown,
37. The enactments specifled in the first column of the Schedule are amended in the manner and to the extent specified in the second column of the Schedule.
3. Any licence or contract issued under section 15 of the Public Health and Urban Services Ordinance and in force at the commencement of this Ordinance shall continue in force and have efect as if it were a waste collection licence issued under this Ordinance.
SCHEDULE
CONSEQUENTIAL AMENDMENTS
Public Health
1. Section 2 is amended--
and Urban
Services Ordjoance.
[9. 373
(a) by being re-numbered subsection (1) thereof;
(B) in subsection (1)
(i) by deleting the definition of "house refuse" and substituting the following-
"household waste" means waste pro- duced by a bousehold and of a kind ordinarily produced by a dwelling when occupied as such;"
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(i) in the definition of "street refuse" by deleting "refuse" and substituting the follow- ing-
На
"waste";
(ii) by deleting the definition of "trade refuse" and substituting the following-
"trade waste" means waste from any trade, manufacture or business, or any waste building or civil engineering materials.":
(v) by inserting after the definition of "wasbhouse" the following-
""waste" means any substance or article
which is abandoned;"; and
(c) by inserting after subsection (1) the following-
"C) For the purposes of this Ordin- aoce any substance or article which is discarded or otherwise dealt with as waste shall be presumed to be waste potil the contrary is proved.".
*
Section 601) is amcoded-
(0) in paragraphs (4), (8) and (c) by deleting "refuse" "wherever it occurs and substituting in each place the following-
"waste"; and
(3) in paragraph (d) by deleting "manufacturing, trade or other refuse" and substituting the following-
“trade waste".
3. Section 701) is amended by deleting "refuse" and substituling the following
"waste".
4.
Section 15 is amended-
(a) in subsection (1)—
(i) in paragraphs (4), (d) and (0) by deleting "refuse" and substituting the following-
**wasDe**:
GD in paragraph (f)-
(A) by deleting "street refuse" and substituting
the following-
"atreel waste"; and
(B) by deleting "house refuse" in both places where it occurs and substituting in each place the following-
"household waste";
(iii) by deleting paragraph (g) and substitut- ing the following
"(g) the provision, design and construction of containers for the collection and storage of household waste;”; and
(6) by deleting subsection (23).
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