1980-HKRS28-16-28_Part02 — Page 58

Authority

to idea. Lo achleve quality oblecules.

(2) The water quality objective for any particular waters shall be the quality which, in the opinion of the Secretary, should be achieved and maintained in order to promote the conservation and best use of those waters in the public interest,

(3) Any water quality objective may be amended from time to time by the Secretary, after consultation with the Environmental Protection Advisory Committee.

(4) A statement of every water quality objective established under subsection (1) and all amendments thereto, signed by the Secretary, shall be published in the Gazette and shall be kept with the register and made available for inspection by the public free of charge at the same timça as the register is so available.

(5) Where under subsection (1) the Secretary establishes different water quality objectives for different parts of a water control 2002 he shall ensure that the statement there of kept with the register pursuant to subsection (4) sufficiently delineates each part of the water control zone.

6. (1) The Secretary shall in writing notify an Authority of the objective or objectives of quality established for a water control zone for which that Authority is responsible and of any amendment thereof under section $(3).

(2) The Secretary shall notify the Director of Public Works of all water quality objectives and of any amendment thereof under section 3(3).

(3) Each Authority shall exercise and perform his powers, functions and duties under this Ordinance with the aim of achieving the relevant water quality objectives as soon as is reasonably practicable and there- after maintssning the quality so achieved.

(4) If in the opinion of the Secretary the achievement or maintenance of any water quality objective would be better served by the exercise by the Authority of any of his powers under section 17. 2004) or 24, the Secretary may, subject to subsection (5), give directions in writing 19 the Authority as to the manner in which be shall exercise those powers; and, in the case of a direction which relates to section 2004), any mich direction may be of a general nature or relate to a particular case or particular casca

(5) The Secretary shall not give any dírection under subsection (4) as to the manner in which an Authority shall exercise the powers in section 17 or 24 In relation to a discharge or deposit unless he considers that-

(n) any part of the waters of Hong Kong are in such a condition as to constitute a danger in the health of the public, or a section of the public, and the exercise of the powers in relation to that discharge or deposit would tend to lessen the danger; or

(b) in the case of an exemption from section 9 or a licence for the purposes of that section, the discharge or deposit may be harmful to the operation of any sewage treatment plant.

(6) The Authority shall comply with any direction given to him under subsection (4) and the discretion conferred on the Authority by section 17(1), 20(4) or 24(1) shall not apply to any discharge or deposit in respect of which such a direction is in force.

PART IN

PROHTBETED Discharges and DensitE

(1) Notwithstanding that this Ordinance bas come into operation Application mod by virtue of a notice under section 1, neither section 8(1)(a), nor section commencement

of sections $(IX) nor section 9(1) shall apply-

anel 9,

(a) to any discharge or deposit, not being an existing discharge or existing deposit, which would otherwise be prohibited by those scolions until the day appointed by the Governor under subrado- tion (2) which applies to that discharge or deposit;

(b) to an existing discharge or existing deposit which would otherwise be prohibited by those sections until the day appointed by the Governor under subsection (3) which applies to that discharge or deposit.

(2) The Governor may from time to time by order published in the Gazette which is declared to be applicable to any water control zone appoint a day by reference to which the following shall be classified as an existing discharge or existing deposit for the purposes of this Ordinance- (a) the discharge of any matter, or any specified category of dis charge, into the waters of Hong Kong or inland waters in that zone, being a discharge within the prohibitions in section 8(1); (6) the deposit of any matter, or any specifled category of deposit, which, or a component of which, is likely to enter the waters of Hong Kong or inland waters in that zone, being a deposit within the prohibitions in section 8(1):

(c) the discharge of any maller, or any specified category of discharge, into a public sewer or public drain in that zone, being a discharge within the prohibition in section 9(1):

(d) the deposit of any matter, or any specified category of deposit, which, or a component of which, is likely to enter a public sewer or public drain.

(3) The Govemor may from time to time by order published in the Gazette which is declared to be applicable to any water control zons appoint a day on and after which-

(a) section B(IMG) shall apply to all existing discharges into the waters of Hong Kong in that zone or to all existing deposits which, or a component of which, is likely to enter the waters in that zone or to any specified category of such discharges or deposits;

(5) section_8())(b) shall apply to all existing discharges into joland waters in that zone or to all existing deposits which, or s com- ponent of which, is likely to enter the inland waters in that zone or to any specified category of such discharges or deposits;

(c) section 901) shall apply to all existing discharges into a public sewer or public drain in that zone or to all existing deposits which, or à component of which, is likely to enter a public sewer or public drain in that zone, or to any specified category of such discharges or deposits.

(4) For the purposes of an order under this section, a category of discharge or deposit may be determined by reference to-

(a) the discharge or deposit of a particular class or description of matter or of matter resulting from the operation of a particular class or description of trade or industry;