TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 101

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(Cap. 102.)

Governor may give directions.

Water control

zones and

Authorities therefor.

Ord. No. 41/80

WATER POLLUTION CONTROL

stream or watercourse or the territorial waters or tidal waters of Hong Kong unless the lake, pool or pond is brought within this definition by regulations made under section 46(1)(7);

(b) waters in any waterworks within the definition of waterworks

in section 2 of the Waterworks Ordinance;

(c) any drain or sewer;

"licence" means a licence granted under section 20;

"public drain" means a drain which is vested in and maintained by the

Government as a public utility;

"public sewer" means a sewer which is vested in and maintained by the

Government as a public utility;

"register" means a register required to be kept under section 42; "Secretary" means the Secretary for the Environment;

"water control zone" means any part of Hong Kong declared to be a

water control zone under section 4;

"water quality objective" means a water quality objective established by

the Secretary under section 5;

"waters of Hong Kong" means all inland waters, territorial waters and tidal waters of Hong Kong and in sections 5(1), 6(5)(a), 13(1), 17, 24 and 29(4)(a) includes the flora and fauna thereof.

(2) References in this Ordinance to discharging or making a discharge of matter into the waters of Hong Kong or into inland waters or into a public sewer or public drain are references to causing or permitting that matter to enter those waters or the public sewer or public drain (whether by emitting, throwing, placing or by any other means) at the place where the matter first enters the same.

(3) References in this Ordinance to discharging or making a discharge of matter into the waters of Hong Kong or into inland waters or into a public sewer or public drain in the water control zone include causing or permitting matter to be deposited in any place (whether in that zone or elsewhere) in circumstances where the matter, or any component of it, is likely to enter the waters of Hong Kong or inland waters in that zone or to enter the public sewer or public drain within a reasonably fore- seeable time by falling, descending, percolating or being carried by wind

or water.

3. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Secretary or an Authority of any powers, functions or duties under this Ordinance.

(2) The Secretary and an Authority shall, in the exercise or per- formance of their respective powers, functions and duties under this Ordinance comply with any directions given by the Governor under subsection (1).

4.

PART II

WATER CONTROL ZONES AND WATER QUALITY OBJECTIVES

(1) The Governor in Council may by order published in the

Gazette

(a) after consultation with the Environmental Protection Advisory Committee, declare any part of Hong Kong to be a water control zone for the purposes of this Ordinance;

I

WATER POLLUTION CONTROL

Ord. No. 41/80

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(b) designate a public officer by name or office to be the Authority for any water control zone and as such, subject to subsection (3), to exercise and perform in respect of that zone the functions, powers and duties conferred on the Authority by this Ordinance. (2) An order under subsection (1)(b) may, subject to subsection (3), designate different public officers to be Authorities for a water control zone in relation to the discharge or deposit of any specified classes or descriptions of matter or matter resulting from the operation of specified classes or descriptions of trade or industry.

(3) Notwithstanding any designation under subsection (1)(b), the Director of Public Works shall be the Authority for the purposes of enforcing the prohibition in section 9 and exercising and performing any power, function or duty under this Ordinance in relation to discharges into public sewers and public drains.

(4) An order under subsection (1) shall, for each water control zone constituted thereby-

(a) make reference to a plan or map of that zone deposited in the

Land Office at Victoria; or

(b) sufficiently describe the zone by other means.

5. (1) The Secretary shall, after consultation with the Environmental Secretary

to establish quality Protection Advisory Committee, establish for the waters of Hong Kong in each water control zone a water quality objective or different objectives objectives. for different parts of a zone.

(2) The water quality objective for any particular waters shall be the quality which, in the opinion of the Secretary, should be achieved and maintained in order to promote the conservation and best use of those waters in the public interest.

(3) Any water quality objective may be amended from time to time by the Secretary, after consultation with the Environmental Protection Advisory Committee.

(4) A statement of every water quality objective established under subsection (1) and all amendments thereto, signed by the Secretary, shall be published in the Gazette and shall be kept with the register and made available for inspection by the public free of charge at the same times as the register is so available.

(5) Where under subsection (1) the Secretary establishes different water quality objectives for different parts of a water control zone he shall ensure that the statement thereof kept with the register pursuant to subsection (4) sufficiently delineates each part of the water control zone.

achieve quality

6. (1) The Secretary shall in writing notify an Authority of the Authority objective or objectives of quality established for a water control zone for to seek to which that Authority is responsible and of any amendment thereof objectives. under section 5(3).

(2) The Secretary shall notify the Director of Public Works of all water quality objectives and of any amendment thereof under section 5(3). (3) Each Authority shall exercise and perform his powers, functions and duties under this Ordinance with the aim of achieving the relevant water quality objectives as soon as is reasonably practicable and there- after maintaining the quality so achieved.

(4) If in the opinion of the Secretary the achievement or maintenance of any water quality objective would be better served by the exercise