1980-HKRS28-16-28_Part03 — Page 5

Asesament Of

compensacion.

Second Selecule.

Applica Limeu

fre variation of Heences.

Fir Schedule.

When appeal may be brought

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(2) Where a licence is, pursuant to section 24(2)—

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

(b) varied as provided in section 24(3a)(i) or (c) so as to impose additional obligations on the person making the discharge or deposit,

within the period specified pursuant to section 2005) the Authority shall be liable to pay compensation.

27. (1) Subject to subsection (2), the manner of determining the amount of compensation payable under sections 25 and 26, the factors to be taken into account or disregarded and the principle to be applied in determining that amount shall be such as may be prescribed in regulations made under section 46.

(2) The provisions of the Second Schedule shall have effect for the purposes of determining the amount of compensation payable under sections 25 and 26 and for the purposes of the incidental matters for which they provide.

28, (1) A person who is making a discharge or deposit for which a licence is in force may apply to the Authority in the prescribed form for a variation of the Licence.

(2) The application shall be accompanied by the prescribed fee. (3) Section 1903) and (4) shall apply for the purpose of publicly notifying an application under this section for the variation of a licence for the purposes of section 8(1)(a) or section 8(1)(b) as if it were an application for a licence.

(4) The Authority may either grant the application, with or without modification, or refuse to grant it but in the case of a variation of a licence for the purposes of section 8(1Xa) or 8(1)(6) shall not do sBO carlier than 30 days after the last notice is published in a newspaper pursuant to subsection (3).

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

(5) Section 20(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his dia- cretion to grant or refuse a licence.

(7) The Authority may grant an application ou such terms and conditions as he thinks fit (including terms and conditions relating to the matters set out in the First Schedule) except that, without prejudice to section 24, he shall not impose any new obligation on the applicant in relation to that part of the discharge or deposit which is already Licensed unless-

(a) the place at which the discharge or deposit may be made is

being varied; or

(b) in his opinion such part would have a significantly different effect on the relevant waters as a result of the granting of the application.

PART VI

APPEALS

29. (1) Subject to subsection (2), a person who is aggrieved by a requirement or decision of the Authority or the Secretary under any of the following provisions may appeal to an Appeal Board constituted under this Part-

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(a) section 13(1) (requiring a convicted person to restore waters); (b) section 16(2)(b) (declaring an exemption to be Inoperative); (c) section 170XəXD) (imposing terms and conditions subject to

which an exemption may continue in force);

(d) section 17(3M@Miii) or 1703X(6) (cancelling au czemption}

(4) section 17(3)(c) (amending or adding to a notice or substituting

a new notice);

(

section 18(4) (refusing to vary an exemption);

(g) section 20(1) (refusing to grant a licence);

(0) section 20(4) (fixing terms and conditions of a licence);

(1) section 20(5) (fixing the period for non-cancellation of a licence

without compensation);

() section 23(4) (refusing to renew a licence);

(k) section 24(3)(a)(0) (imposing new or amended terms or conditions

for continuance of a licence);

() sections 24(3)(a)(ii) and 24(3)(5) (cancelling a licence);

(m) section 24(3)(c) (umending or adding to a notice or substituting

a new notice);

(n) section 28(4) (refusing to vary a licence);

(o) section 35 (requiring information to be furnished);

(6) section 43 (refusing to withbold information from the register).

(2) No appeal shall be under this section where the requirement of the Authority is made with the prior approval of the Governor in Council under section 17(2) or 24(2)

03) An appeal under subsection (1) shall be made by lodging a notice of appeal in the prescribed manner and form within 21 days after the person aggrieved baš received notice of the decision or requirement.

(4) Where the decision or requirement appealed from was made neder a provision mentioned in paragraphs (a) to (e), () to (m) or (o) of subsection (1) the notice thereof shall be suspended and cease to have effect as from the day on which notice of appeal is duly given to the Authochy and until the appeal is disposed of, withdrawn or abandoned, unless

(4) the decision or requirement is considered by the Authority to

be necessary because-

(1) in any case, the quality of the part of the waters of Hong Kong to which the decision or requirement relates may constitute a danger to the health of the public or a section of the public; or

(ii) in the case of a licence for the purposes of section 9, the discharge or deposit to which the decision or requirement relates may be harmful to the drainage or sewerage system, or any part thereof, or to the health or safety of any person engaged in the operation thereof; and

(5) the notice contains a statement to that effect.

(5) Where the appeal is from a decision of the Secretary under section 43, be shall not enter in the register the information to which the appeal relates until the appeal is disposed of, withdrawn or abandoned.