Delences.
Restufa.com
DE W
by convinced DNDO.
12. (1) A person dae ool commit an offcoce under section 8(1), 8(2), 901) or 9(2) if he proves that—
(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 ac-
cordance with, a licencs 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 be informed the Authority thereof in writing; or () he acted under instructions given to him by his employer and complied with paragraph (d) to the extent which the court con- siders reasonable having regard to bis position as an employee.
(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 practics to which the provisions of subsections (1)(a) and (IMB) 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, anímal husbandry and fish farming.
13. (1) Where any person has been convicted of an offence under section 8(1), 8(2), 901) 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)—–—–
(4) may specify the manner in which the work is to be carried out; (b) shall stipulate the time before which the work shall bẹ commtoced
and the time by which it shall be completed;
(c) shall be addressed to and served personally or by registered post
on the person who committed the offence.
(3) If a person fails to comply with a notice under subsection (1) served on him, the Authorsty may, without further police but subject to subsection (4), carry out or cause to be carried out the work, or the remaining work, specified in the notice and recover from that person the cost of so doing as a civil debt due to the Crowa.
(4) The Authority shall not exercise the power in subsection (3)— () until after the expiry of the time allowed under section 2903)
for appeal against a requirement under subsection (1); and
(b) where an appeal is brought, until it is determined, withdrawn or
abandoned.
(5). A copy of a document which purports to be a notice signed by the Authority for the purposes of subsection (1) shall be admitted in evidence in proceedings under subsection (3) on its production without further proof God
(a) until the contrary is proved, the court before the document is produced shall presume that the signature to the document is genwine and the person signing it was the Authority at the time when he signed it; and
(b) such document shall be sufficient evidence of the opinion of the
Authority and of all other matters contained therein.
PART IV
EXEMPTION OF Existing Discharges and Deposity
14. (1) After a day appointed by order under subsection (2) of Mytices of section 7 and before a day appointed by order under subsection (3) of existing that section a person may give notice to the Authority of an existing and depor discharge or deposit to which those orders apply.
(2) A notice under subsection (1) shall be given in such manner and form and contain such information and estimates as may be prescribed.
(0) Any person who in any notice under subsection (1) makes any statement or gives any estimate which he knows to be incorrect im à material particular or who recklessly makes any statement or gives any estimate which is incorrect in a material particular or knowingly omits any material particular therefrom commits an offence and is liable to a fine of $5,000.
15. (1) Subject to sections 16 and 17-
CUCURIENES
Bempton of exlating
(a) an existing discharge or deposit to which subsection (1)a) of decharges and section 8 would otherwise apply is exempt from the operation of deposina. that subsection if notice of the existing discharge or deposit has been duly given under section 14:
(5) an existing discharge or deposit to which subsection (1)(6)_62 section 8 would otherwise apply is exempt from the operation of that subsection if notice of the existing discharge or deposit has been duly given under section 14;
(c) an existing discharge or deposit to which section 9(1) would otherwise apply is exempt from the operation of that section if notice of the existing discharge or deposit has been duly given. under section 14.
(2) An exemption under subsection (1) is not limited to the making of the discharge or deposit by the person who gave the notice under section 14 bat extends to the discharge or deposit in question when made by any person.
(3) No exemption shall arise under this section if, at the time when notice is given under section 14, the existing discharge or deposit is being or has been mado-
(4) from premises that have been unlawfully erected on unleased
land in contravention of section 4 of the Crown Land Ordinance: (Cap. 2)
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