1964_WATER_POLLUTION_CONTROL_ORDINANCE — Page 22

1980 Ed.]

Water Pollution Control

[CAP. 358

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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(3)(a)(i) or (c) so as to impose additional obligations on the person making the discharge or deposit,

within the period specified-pursuant-to-section-20(5) the Authority shall be liable to pay compensation,

^

Assessment of

27. (1) Subject to subsection (2), the manner of determining the amount of compensation payable under sections 25 and 26, compensation, the factors to be taken into account or disregarded and the prin- ciple 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.

fee.

(2) The application shall be accompanied by the prescribed

3(A)

(3) Section 19(3) and (4) shall apply for the purpose of publicly notifying an application under this section for the varia- tion 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(1)(a) or 8(1)(b) shall not do so earlier than 30 days after the last notice is published in a newspaper pursuant to subsection (3).

(5) If the Authority refuses to grant an application or any part thereof he shall notify the applicant and shall inform him of the reasons for his refusal,

(6) 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 discretion to grant or refuse a licence.

(7) The Authority may grant an application on 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 dis- charge or deposit which is already licensed unless-

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

is being varied; or

Second Schedule.

Applications for variation of licences.

671905:22

First Schedule.