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Ord. No. 41/80
Notices of existing discharges and deposits.
Exemption
of existing discharges and deposits.
WATER POLLUTION CONTROL
(b) shall stipulate the time before which the work shall be commenced
and the time by which it shall be completed;
(c) shall be addressed to and served personally or by registered post
on the person who committed the offence.
(3) If a person fails to comply with a notice under subsection (1) served on him, the Authority may, without further notice but subject to subsection (4), carry out or cause to be carried out the work, or the remaining work, specified in the notice and recover from that person the cost of so doing as a civil debt due to the Crown.
(4) The Authority shall not exercise the power in subsection (3)— (a) until after the expiry of the time allowed under section 29(3) for appeal against a requirement under subsection (1); and (b) where an appeal is brought, until it is determined, withdrawn or
abandoned.
(5) A copy of a document which purports to be a notice signed by the Authority for the purposes of subsection (1) shall be admitted in evidence in proceedings under subsection (3) on its production without further proof and-
(a) until the contrary
proved, the court before the document is produced shall presume that the signature to the document is genuine and the person signing it was the Authority at the time when he signed it; and
(b) such document shall be sufficient evidence of the opinion of the
Authority and of all other matters contained therein.
PART IV
EXEMPTION OF EXISTING DISCHARGES AND DEPOSITS
14. (1) After a day appointed by order under subsection (2) of section 7 and before a day appointed by order under subsection (3) of that section a person may give notice to the Authority of an existing discharge or deposit to which those orders apply.
(2) A notice under subsection (1) shall be given in such manner and form and contain such information and estimates as may be prescribed.
(3) Any person who in any notice under subsection (1) makes any statement or gives any estimate which he knows to be incorrect in a material particular or who recklessly makes any statement or gives any estimate which is incorrect in a material particular or knowingly omits any material particular therefrom commits an offence and is liable to a fine of $5,000.
15. (1) Subject to sections 16 and 17-
(a) an existing discharge or deposit to which subsection (1)(a) of section 8 would otherwise apply is exempt from the operation of that subsection if notice of the existing discharge or deposit has been duly given under section 14;
(b) an existing discharge or deposit to which subsection (1)(b) of section 8 would otherwise apply is exempt from the operation of that subsection if notice of the existing discharge or deposit has been duly given under section 14;
(c) an existing discharge or deposit to which section 9(1) would otherwise apply is exempt from the operation of that section if notice of the existing discharge or deposit has been duly given under section 14.
(2) An exemption under subsection (1) is not limited to the making of the discharge or deposit by the person who gave the notice under
WATER POLLUTION CONTROL
Ord. No. 41/80
A185
section 14 but extends to the discharge or deposit in question when made by any person.
(3) No exemption shall arise under this section if, at the time when notice is given under section 14, the existing discharge or deposit is being or has been made
(a) from premises that have been unlawfully erected on unleased
land in contravention of section 4 of the Crown Land Ordinance; (Cap. 28.)
or
(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 a licence therefor.
(5) The exemption conferred by this section shall apply to the dis- charge or deposit as from time to time varied under section 17 or 18.
16. (1) Subject to section 29(4) and without prejudice to the powers Cessation and in section 17, an exemption conferred by section 15(1) ceases to be cancellation operative during any time when-
(a) either of the following ceases to be the same as that described in the notice given under section 14 or the same as that required
or approved by the Authority under section 17 or 18-
(i) the place at which the discharge or deposit is made; (ii) the period within which the discharge or deposit is made;
(b) 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 it;
(ii) the rate at which a discharge or deposit or any component of it is made;
(iii) the temperature of the discharge 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 contraven- tion of subsection (3) of that section arises therefrom, he 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
(b) 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) as from such date as the Authority may fix.
(3) If, in any proceedings for an offence against section 8(1) or 9(1), 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 notice to be inoperative for the purpose of section 15(1) and it shall be treated as never having been operative for that purpose.
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