1980-HKRS28-16-28_Part03 — Page 3

Floss Schedule.

Application for Ucences.

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(2) An application under subsection (1) shall be accompanied by the prescribed fee.

(3) Section 19(3) and (4) shall apply for the purpose of publicly notifying an application under this section which relates to an exemption from section 8(1)(a) or 8(186) as if it were an application for a licence.

(4) The Authority may either grant the application in whole or in part or refuse to grant It but in the case of an application which relates Lo an exemption from section 8(1)a) or 8(1)b) shall not do so earlier than 30 days after the last notice is published in a newspaper pursuao! to subsection (3).

(5) If the Authority refuses to grant an application or any part thereof be shall notify the applicant and shail inform him of the reasons for his refusal.

(6) Section 2003) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence.

(7) The Authority may grant an application in such terms and ou such conditions as he thinks fit (including terms and conditions relating to the matters set out in the First Schedule) except that, without pre- judice to section 17, he shall not impose any new obligation on the applicant in relation to that part of the discharge or deposit which is already exempt unlca, in his opinion, such part would have a significantly different effect on the relevant waters as a result of the granting of the application.

FART V

LICENSING OF Discharges and DeposITS

19. (0) A person who wishes to obtain a licence for the purposes of section (1X2), 8(1)(b) or 91) shall apply to the Authority in the prescribed for.

(2) An application under subsection (1) shall be accompanied by the prescribed fee.

(3) The Authority shall publicly notify all applications for licences for the purposes of section $(1Xa) or section 8(1)(6)—

(a) by entering in the register such particulars thereof as may be

prescribed;

(6) by causing a notice to be published at the expense of the applicant in an English language and a Chinese language news- paper determined by the Authority containing such particulars of the application and other information as may be prescribed and a statement of the place or places where a copy of the application may be inspected.

(4) During the period of 30 days after the last notice is published pursuant to subsection (3)–

(a) a copy of the application shall be kept at each place notified under subsection (3X) and shall be available for inspection by the public during normal office hours;

(b) any person may, in such manner as may be prescribed, object to the granting of the application on the ground that it would teod to inhibit the attainment or maintenance of the relevant water quality objective.

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20, (1) Subject to section 21, the Authority may, pot carlier than Grant of 40 days after the last matice is published in a newspaper pursuant to beeseen, section 1903), either grant or refuse to grant a licenco.

(2) If he refuses to grant a licence the Authority shall notify the applicant in writing of his refusal and shall inform him of his reasons therefor.

(3) In the exercise of his discretion to grant or refuse to grant a licence the Authority shall-

(a) have as his purpose the attainment and maintenance of the

relevant water quality objective;

(b) graut a licence unless be considers that to do so would tend to

fabibit the achievement of that purpose.

and for the purposes of this subsection it shall be relevant for the Authority to have regard to the need to protect and ensure the efficient operation of the drainage and sewerage systems and the health and safety of persons engaged in the operation of those systems.

(4) Subject to section 21, the Authority may grant the licence in such terms and on such conditions as he thinks fit including terms ankel conditions relating to the matters set out in the First Schedule.

(5) A licence shall specify a period of time during which any cancellation or variation thereof which imposes additional obligations on the person making the discharge or deposit shall, unless that person agress otherwise, give rise to the liability to pay compensation provided for in section 23.

Finn SchoÊLIE.

where discharre

21. Where a licence is applied for in respect of a discharge or deposit Special which, having beca exempt under section 15(1), has ceased to be exempt provising by reason of section 16(1H5), the following provisions shall apply- Bcensed after

(a) the applicant shall be entitled to a licence for so much of the creation of

Exemption discharge or deposit as was previously exempt:

(b) the Authority shall not under section 20(4), but without prejudice to section 24. impose any new obligation on the applicant in relation to that part of the discharge or deposit which wa EK previously exempt unless, in the opinion of the Authority, such part would have a significantly different effect on the relevant Waters as a result of the change whereby the discharge or deposit ceased to be excmpt under section 15(1)(8).

22. (1) A licence for the purposes of section 8(1)(6) shall, subject Esteer of a to the terms and conditions of the licence and during the period specified Hence. therein, authorize-

(a) the discharge of matter or any specified class or description of

matter into the waters of Hong Kong:

(6) the deposit of matter or any specified class or description of

maller (as provided in section 203)),

which, but for such authorization, would be a contravention of section 001)

(2) A licence for the purposes of section (10) shall, subject to the terms and conditions of the licence and during the period specified therein, authorize--

(a) the discharge of matter or any specified class or description of

matter into inland waters;

(b) the deposit of matter or any specified class or description of

matter (as provided in section 2(3)),