1980-HKRS28-16-28_Part03 — Page 4

Authenticated Laws 確真本香港法例 All

Renewal of Uterace.

CanceGalion

kh Vatõutio

of a licencs.

14

which, but for such authorization, would be a contravention of section B01MB).

(3) A licence for the purposes of section 9(1) 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 a public sewer or public drain;

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

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

which, but for such authorization, would be a contravention of section 901).

(4) A licence shall not be limited to a discharge or deposit by a particular person but shall extend to the discharge or deposit in question when made by any persoIN.

23. (1) During such period before the expity of a licence as may be prescribed, the person who is making the discharge or deposit may apply in the prescribed form for a renewal of the licence.

(2) An application for renewal of a licence shall be accompanied by the prescribed fee.

(3) Section 1903) and (4) shall apply for the purpose of publicly notifying an application for the renewal of a licence for the purposes of section 3(1)Xα) or 8(1)(b) as if it were an application for a licence,

(4) The Authority may renew or refuse to renew the licence but in the case of an application for renewal of a licence for the purposes of section 8(1X) or B(1)(5) shall not do so earlier than 30 days after the last police is published in a newspaper pursuant to subsection (3).

(5) Subsection: (2), (3), (4) and (5) of section 20 shall apply to the renewal of a licence as they apply to the grant or refusal of & liccace under that section. but section 21 shall not apply on the renewal of a licence.

24. (1) Subject to section 5(6), the Authority may, by notice In writing to a person who is making e discharge or deposit for which a licence is in force, exercise any of the powers set out in subsection (0) 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 of the public, and the exercise of the power in relation to the discharge or deposit would tend to lessen that danger; or

(b) in the case of a licence for the purposes of section 9(1), the dis- charge or deposit may be harmful to the drainage or sewerage system, or any part thereof, or to the health or safely of any person engaged in the operation thereof.

(2) Where neither paragraph (a) nor paragraph (b) of subsection (1) apply 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 Counell, 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.

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

(a)

(i) to impose new or amended terms and conditions subject to the observance of which, as from a specified case, the licence shall continue in force;

(i) to declare the licence liable to cancellation at any thre the person fails to observe any such term or condition;

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

(6) to cancel the licence as from a specified date;

(c) to amend or add to any notice previously given under this section,

or any part of such motice, 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 in 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 amendment or addition of apy term or condition under paragraph (@Hi) or (c) of subsection (3) or the cancellation of a licence under paragraph (a)(ii) or (b) thereof shall be not less than 90 days after the day on which the notice is given to the person who is making the discharge or deposil

(6) Subject to subsection (2), the Authority may impose such terms and conditions under subsection (3) as he thinks fi 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.

15. (1) Where a licence is, pursuant to section 24(1)—

(a) cancelled as provided in section 24(3)(b); or

Past Schedule,

Compens#olon

for cancella Livon kor szuriwtiom of certain

(b) varied as provided in section 24(3XaXD) or (c) so as to impose focus.

additional obligations on the person making the discharge or deposit,

within the period specified pursuant to section 20(5), the Authority sbali be liable to pay compensation if the circumstances set out in subsection (2) are present.

(2) The circumstances mentioned in subsection (1) are......

(a) that the possibility of danger to health or harm to the drainage or sewerage system or to the health or safety of any person engaged in the operation thereof (as provided in section 24(1)(a) and (b)) was known or could with reasonable foresight have been known, to the Authority at the time the licence was granted or renewed; or

(b) that the danger or harm mentioned in paragraph (o) is a con- sequence of licences granted or renewed after the grant, or, where a licenes has been renewed, the last renewal of the licence which is cancelled or varied.

36. (D) Where an exemption under section 15(1) is, pursuant to Compensacion section 17(2)—–—–

(0) cancelled as provided in section 170XB); or

for cancellation ot kroosa

and excitapelousa with the

(b) varied as provided in section 17(3)»)) or (c) so as to impose approval of

additional obligations on the person making the discharge or the Governor deposit,

the Authority shall be liable to pay compensation.

la Connell.

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