Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 15

Licensing of existing discharges and deposits

(Past version on 30/06/1997).

Amendments retroactively made - see 29 of 1998 s. 73

(1) After receipt of an application and the prescribed fee under section 14,
the Authority shall grant a licence under this section for the
existing discharge or deposit unless-

   (a)  he considers that the discharge or deposit endangers or is likely to
        endanger public health;

   (b)  he considers that the discharge or deposit is or is likely to be
        harmful to the health or safety of any person engaged in the operation
        or maintenance of a drainage or sewerage system;

   (c)  he considers that the discharge or deposit is or is likely to be
        harmful to a drainage or sewerage system; or

   (d)  it has come to his attention that the discharge or deposit is made
        from premises that were erected in contravention of section 4 of the
        Land (Miscellaneous Provisions) Ordinance ( Cap 28); or (Amended 29 of
        1998 s. 73)

   (e)  it has come to his attention that where the discharge or deposit is
        made from premises on land held under a Government lease or on land
        occupied under a licence issued under section 5 of the Land 
        (Miscellaneous Provisions) Ordinance ( Cap 28), the discharge or
        deposit is in breach of that Government lease or licence. (Amended 83
        of 1993 s. 12; 29 of 1998 s. 73)

(2) If the Authority refuses to grant a licence under this section he shall
notify the applicant in writing of his refusal and shall in the notice state
the reasons for the refusal.

(3) A licence granted under this section expires, as specified by the
Authority in the licence, not less than 2 years after the day appointed by
order under section 7(3) in respect of the discharges or deposits. (Amended 83
of 1993 s. 12)

(3A) Despite subsection (3) but subject to section 24, the Authority may, in
respect of a licence granted under this section exclusively for the discharge
of domestic sewage, as defined in section  9 (3), specify in the licence that
it continues in effect indefinitely. (Added 83 of 1993 s. 12)

(4) The Authority may grant a licence under this section on such terms and
conditions as he thinks fit including terms and conditions relating to the
matters set out in the First Schedule but the licence shall not, in the case
of a discharge or deposit measurable by a flow rate, authorize a maximum flow
rate less than the existing discharge or deposit. (Replaced 67 of 1990 s. 11)