1964_WATER_POLLUTION_CONTROL_ORDINANCE — Page 14

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1980 Ed.]

Water Pollution Control

[CAP. 358

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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 dis- charge 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 of 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 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; 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 discharge or deposit as from time to time varied under sec- tion 17 or 18.

16. (1) Subject to section 29(4) and without prejudice to the powers in section 17, an exemption conferred by section 15(1) ceases to be 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;

Exemption of existing discharges and deposits.

(Cap. 28.)

Cessation and cancellation of exemption.