1980-HKRS28-16-28_Part03 — Page 2

Cosulion zord

cancelhion dľ prednylion.

Further po predtý

In retadon 10

an taitot discharge ext deposit.

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(B) from premises on land held under a Crown lease or on land occupied under a licence issued under section 5 of the Crown Land Ordinance and such discharge or deposit is in breach of that Crown lease or licence.

(4) A person may apply for a licence for any discharge or deposit notwithstanding that the discharge or deposit is already exempt under subsection (1) and the Authority may, subject to Part V, grant à licence therefor.

(5) The exemption conferred by this section shall apply to the dis- charge or deposit às from time to time varied under section 17 or 18.

16. (1) Subject to section 29(4) and without prejudice to the powers in section 17, an exemption conferred by section 1501) ceases to be operative during any time when-

(2) either of the following ceases to be the same as that described in the notice given voder section 14 or the same as that required or approved by the Authority under section 17 or 19—

()the place at which the discharge or deposit is made; (ii) the period within which the discharge or deposit is made; (5) any one of the following exceeds by more than 30 per cent, calculated in such manner as may be prescribed, the information or estimate relating thereto in the notice given under section 14– (i) the quantity of the discharge or deposit or any component of ;

(ii) the rate at which a discharge or deposit or any component of it is made;

(b) the temperature of the disebarge or deposit;

(c) a new component is added thereto without the approval of the

Authority under section 18.

(2) If it appears to the Authority that a statement in any notice given under section 14 is incorrect in a material particular, but that no contraveri- tion of subsection (3) of that section arises therefrom, be may-

(a) by notice in writing call upon the person who is making the existing discharge or deposit, within such time as the Authority may allow, to give reasons why the notice under section 14 should not be declared inoperative; and

(8) after considering such reasons (if any), by notice in writing addressed to the said person declare the notice under section 14 to be inoperative for the purpose of conferring the exemption provided for in section 15(1) aš from such date as the Authority may fix.

(3) If, in any proceedings for an offence against section 8(1) or 901) it appears to the court that an incorrect statement in a notice under sec- tion 14 has been made in contravention of subsection (3) of that section (whether or not the person who gave the notice is convicted under that subsection) the court shall declare the police to be inoperative for the purpose of section 15(b) and it shall be treated as never having beca operative for that purpose.

17% (1) Subject to section 6(6), the Authority may, by notice in writing lo a person who is making a discharge or deposit which is exempl under section 15(1), exercise any of the powers set out in subsection (3) if he considers that--

(a) any part of the waters of Hong Kong are in such a condition as to constitute a danger to the health of the public, or a section

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of the public, and the exercise of the power in relation to the exempt discharge or deposit would tend to lessen that danger; or (b) in the case of an exemption from section 9, the discharge or deposit may be harmful to the drainage or sewerage system, or any part thereof, or to the health or safely of any person cogaged in the operation thereof.

(2) Where neither paragraph (a) oor paragraph (b) of subsection (1) applica to a discharge or deposit, the Authority may (by notice in writing as provided in that subsection) exercise any power set out in subsection (3), in relation to that discharge or deposit, only with the prior approval of the Governor in Council, as to Both the exercise and the manner of the exercise of the power, or with the agreement of the person who is making the discharge or deposit.

(3) The powers referred to in subsections (1) and (2) are...

()

( to impose terms and Conditions subject to the observance of which, as from a specified date, the exemption shall continue in force:

(ii) to declare the exemption liable to cancellation if at any time the person fails to observe any such term or condition;

(ii) to cancel the exemption as from a specified date if the person fails to observe any such term or condition;

(5) to cancel the excmption as from a specified date;

(c) to amend or add to any notice previously given under this section, or any part of such notice, or to substitute a new notice for it. (4) The Authority may revoke a notice previously given under this section, subject to the further approval of the Governor in Council ia the case of a revocation which affects anything previously done under this section with the approval of the Governor in Council.

(5) The date specified in a notice for the imposition, amendment or addition of any term or condition under paragraph (9)(0) or (c) of sub- section (3) or for the cancellation of an exemption under paragraph (a)(iii) or (b) thereof shall be not less than 90 days after the day on which the Bolice is given to the person who is making the discharge or deposit. (6) Subject to subsection (2), the Authority may impose such terms and conditions under subsection (3) as he thinks fit including any term or condition-

(a) requiring the person to restrict or from time to time to suspend

the discharge or deposit;

(6) relating to the matters set out in the First Schedule.

Fiext Schedule.

18. (1) A person who is making a discharge or deposit which is Application exempt under section 15(1) may apply to the Authority in the prescribed INNOVA form for-

(a) a variation or cancellation of any term or condition imposed

by the Authority under section 17;

(b) approval of a change in the period within which the discharge

or deposit may be made;

(c) approval of the addition to the discharge or deposit of a new component, being a substance normally resulting from the carry- ing on of the trade or business carried on by the applicant at the date appointed by the Govenor by order under section 7(2) which applies to the discharge or deposit.

of changes la discharger or deposits.