XN000022-1994-11-23 — Page 23

WEDNESDAY, NOVEMBER 23, 1994

DUMPING AT SEA BILL INTRODUCED

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OF

FOLLOWING IS THE SPEECH BY THE ACTING SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS, MR CANICE MAK, IN MOVING THE SECOND READING THE DUMPING AT SEA BILL IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY):

MR PRESIDENT,

I MOVE THE SECOND READING OF THE DUMPING AT SEA BILL. THE BILL SEEKS TO LOCALISE THE PROVISIONS OF THE DUMPING AT SEA ACT 1974 (OVERSEAS TERRITORIES) ORDER 1975 SO THAT EXISTING CONTROL ON MARINE DUMPING ACTIVITIES CAN CONTINUE AFTER 30 JUNE 1997. IT ALSO ADDRESSES DEFICIENCIES IN THE OPERATION OF THE EXISTING CONTROL SCHEME AND THE NEEDS TO INCREASE PENALTIES.

HER

THE DUMPING OF WASTE AT SEA IS GOVERNED BY THE LONDON CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY THE DUMPING OF WASTES

BY AT SEA, AN INTERNATIONAL TREATY EXTENDED TO HONG KONG MAJESTY'S GOVERNMENT THROUGH AN OVERSEAS TERRITORIES ORDER IN 1975. SINCE THEN HONG KONG HAS BEEN CARRYING OUT ITS OBLIGATIONS UNDER THE LONDON CONVENTION BY APPLYING THE PROVISIONS OF THIS ORDER. THE ENABLES US TO REPLACE THE 1975 ORDER BY LOCAL LEGISLATION.

BILL

THE BILL CONTAINS SEVERAL MAJOR PROVISIONS. PART IV OF THE BILL SPECIFIES THAT THE WASTE PRODUCER SHOULD APPLY FOR A PERMIT FROM THE AUTHORITY BEFORE COMMISSIONING A DUMPING OR INCINERATION ACT AT SEA.

THE OPERATOR ENGAGED BY THE WASTE PRODUCER TO CARRY OUT THE DUMPING SHOULD NOT TAKE ON BOARD WASTE FOR DUMPING UNLESS HE IS SATISFIED THAT THE WASTE PRODUCER HAS A PERMIT AS REQUIRED. PART VIII OF THE BILL PROVIDES FOR A RIGHT OF APPEAL AGAINST A DECISION OR DIRECTION OF THE AUTHORITY.

THE BILL ALSO SEEKS TO ADDRESS SEVERAL DEFICIENCIES IN THE OPERATION OF THE CONTROL SCHEME BASED ON THE 1975 ORDER, AND ΤΟ INCREASE PENALTIES.

FIRSTLY, PART

ABATEMENT NOTICES IN

V OF THE BILL ENABLES THE AUTHORITY ΤΟ SERVE RESPECT OF MARINE POLLUTION RESULTING FROM DREDGING, BORROWING, MARINE STOCKPILING AND OTHER MARITIME FAILURE TO COMPLY WITH THE ABATEMENT NOTICE WE WILL PROMULGATE A TECHNICAL MEMORANDUM ESTABLISHING THE PROCEDURES FOR ISSUING ABATEMENT NOTICES. WE INTEND TO IMPLEMENT THESE CONTROLS WITHIN TWO YEARS OF THE BILL BECOMING AND AFTER CONSULTATION WITH AFFECTED PARTIES.

CONSTRUCTION ACTIVITIES. WILL BE AN OFFENCE.

LAW

SECONDLY, POWERS ARE NOW PROVIDED IN PART VI OF THE BILL TO ENABLE ENFORCEMENT OFFICERS TO TAKE ACTION AGAINST IMPENDING OFFENCES. FOR INSTANCE, IN CASES WHERE A BARGE IS LOADED WITH WASTE MATERIALS WITHOUT A DUMPING PERMIT AND WITHOUT REASONABLE EXPLANATION THAT THE MATERIALS ARE INTENDED FOR PURPOSES OTHER THAN DUMPING, THE ENFORCEMENT OFFICERS WOULD BE EMPOWERED TO STOP AND DETAIN A VESSEL IN ORDER ΤΟ MAKE INVESTIGATIONS AND TO PREVENT AN OFFENCE FROM BEING COMMITTED.

/THIRDLY, CLAUSE