Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 28

Applications for variation of licences

(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.

(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. 18)

(3) Section 19(3), (3A) and (4) shall apply for the purpose of publicly
notifying an application under this section for the variation of a licence for
the purposes of section 8(1)(a) or (b) as if it were an application for a
licence. (Amended 67 of 1990 s. 22)

(4) The Authority may either grant the application, with or without
modification, or refuse to grant it but, except where section 19(3A) applies,
in the case of a variation of a licence for the purposes of section 8(1)(a) or
(b) shall not do so earlier than 30 days after the last notice is published in
a newspaper pursuant to subsection (3). (Amended 67 of 1990 s. 22)

(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
discharge or deposit which is already licensed unless-

   (a)  the place at which the discharge or deposit may be made is being
        varied; or

   (b)  in his opinion such part would have a significantly different effect
        on the relevant waters as a result of the granting of the application.