1980-HKRS28-16-28_Part03 — Page 10

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FIRST SCHEDULE

(s. 17(6), 18(T). 20(4), 24(6), 18(7) & 38)

Terms and CONDITIONS SUBJECT TO WHICH A LICENCE MAY HE GRANTED OR AN EXEMPTION CONTINUED

1. The place and times or periods at or during which the discharge or

deposit may be made.

2. The design and consinaction of any plant or equipment used in making

the discharge or deposit.

3. The cate of discharge or deposit or the total amount thereof in rela- tion to the matter discharged or deposited or any constituent thereof.

4. The nature, composition, colour and temperature of the matter dis-

charged or deposited or of any constituent thereof.

5. The treatment of matter before it is discharged or deposited and the plant and equipment to be provided, maintained and used therefor.

6. The equipment and facilities to be provided for inspecting, sampling

or measuring the discharge or deposit or any constituent thereof.

7. The maintenance and security of any equipment and facilities referred

to in paragraph 6.

8. The provision to the Authority of samples, and of the results of the

analysis of samples, of discharges and deposita,

9. The keeping of records in relation to the mattera mentioned in para-

graphs 3 and 4.

10. The access of authorized officers to the equipment, facilition and

records referred to in paragraphs 6 and 9.

II. Precautions to be taken against matter discharged or deposited enter- ing any specified part of the waters of Hong Kong or any public drain or public sewer.

SECOND SCHEDULE

DETERMINATION OF COMPENSATION

(s. 27023))

1. A person who claims compensation under section 25 or 26 shall submit to the Authority particulars in writing of his claim.

(1) A claim under paragraph I shall be submitted-

(a) where a licence or exemption is cancelled, within 1 year after the

Cancellation

(b) where a licence or exemption is varied so as to impose additional obligations on the person making the discharge or deposit, within 1 year after the completion of the works attributable solely to the requirement of the Authority.

(2) The period referred to in sub-paragraph (1) may, upon application made to the Governor either before or after the expiry of that period be extended in accordance with this paragraph.

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(3) Notice of an application under sub-paragraph (2) shall be given to The Authority by the applicant.

(4) The Governor may extend the period within which particulars of a claim must be submitted to the Authority if he considers that the delay in submitting such particulars was occasioned by mistake of fact or mistake of any matter of law (other than the matters contained in sub- paragraph (D)) or by any other reasonable cause or that the Crown is not materially prejudiced by the delay.

(5) An extension may be granted by the Governor under sub- paragraph (4) with or without conditions for such period as he thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.

If the Authority and the claimant do not agree on the sellement or compromise of the claim within 3 months of the submission of partic- utars under paragraph 1, the claimant may notify the Authority that he desires a reference to a tribunal: and the Authority shall thereupon refer the claim with the particulars thereof to a tribunal, consisting of a District Judge nominated by the Chief Justice for the purpose.

*

The tribunal shall bear any evidence which the Authority or the claimant may wish to tender and, if so desired, bear counsel on behalf of the Authority and the claimant, and shall determine the amouat of compensation, if any, to be paid to the claimant.

5. For the purposes of paragraph 4, the tribunal shall have powers similar to those vested in the Supreme Court for hearing evidente, determin- ing claims for damages and awarding costs.

6. The practice and procedure is connexion with any proceedings before a tribunal under this section shall be such as the tribunal may determine.

7. Any award or decision of a tribunal under this Schedule shall be final but if a party is dissatisfied with the decision as being erroneous in point of law, he may, within 1 month after the decision, require the tribunal to state and sign a case for the decision of the Court of Appeal.

8. The tribunal may direct that interest be paid on compensation (but not on costs) from such date and for such period as the tribunal tbinks fit, at the lowest rate paid from time to time by members of the Exchange Banks Association on time deposits or at such other rate as may be determined by resolution of the Legislative Council.

9. All compensation, including interest thereon and costs, shall be paid from such money as may be provided from time to time by the Legislative Council.

Enactmeni

Public Cleansing and Prevention of Nuisances By-laws

THIRD SCHEDULE

Amendment

[3. 50.]

By-law 4 is amended by inserting after paragraph (cap. 132. (3) the following--

"(4) No offence under paragraph (1X) is committed by a person who

sub. leg.)