Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 23A

Renewal of section 16 licences

(1) During such period before the expiry of a licence originally granted or
deemed to have been granted under section 16 as may be prescribed, the person
making the discharge or deposit may apply to the Authority in the prescribed
form for renewal of the licence.

(2) The fee prescribed for an application under subsection (1) must be paid by
a date specified in a demand note issued by the Authority. (Replaced 83 of
1993 s. 16)

(3) Section 19(3), (3A) and (4) apply for the purpose of publicly notifying an
application under subsection (1) as if it were an application for a licence
under that section.

(3A) Despite subsection (3), section 19(3), (3A) and (4) shall not apply for
the purpose of publicly notifying an application where the application is in
respect of a discharge from an applicant's establishment that consumes 10 m3
or less of water a day and the rate of flow of the discharge applied for is
not greater than that. (Added 83 of 1993 s. 16)

(4) In a case where section 19(3) applies, the Authority shall not renew or
refuse to renew a licence under this section earlier than 30 days after the
last notice is published in a newspaper pursuant to section  19 (3).

(5) After receipt of an application under subsection (1) and the prescribed
fee under subsection (2) the Authority shall renew the licence in respect of
the discharge or deposit unless-

   (a)  he considers that any of the conditions set out in section  16 (2)(a),
        (b), (c), (f) or (g) exists;

   (aa) it has come to his attention that any of the conditions set out in
        section 16(2)(d) or (e) exists; (Added 83 of 1993 s. 16)

   (b)  he considers that the composition of the discharge or deposit does not
        comply with a technical memorandum that is applicable to the discharge
        or deposit;

   (c)  he considers that there has been a breach of any of the terms or
        conditions of the licence; or

   (d)  he considers that a person has been convicted of an offence under this
        Ordinance in relation to the discharge or deposit. (Amended 83 of 1993
        s. 16)

(6) If the Authority refuses to renew 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.

(7) The Authority may renew 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 discharge or deposit as exempt under section 15 as it was
in force immediately before the date of commencement* of the Water Pollution
Control (Amendment) Ordinance 1990

(67 of 1990). (Amended L.N. 210 of 1994)

(8) The Authority may renew a licence under this section for a period of not
less than 2 years. (Added 67 of 1990 s. 15)
___________________________________________________________________ Note:

* Commencement date: 1 December 1990.