Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 29

When appeal may be brought

PART VI

APPEALS

(1) Subject to subsection (2), a person who is aggrieved by a requirement or
decision of the Authority or the Secretary under any of the following
provisions may appeal to an Appeal Board constituted under this Part-

   (a)  section 13(1) (requiring a convicted person to restore waters);

   (aa) section 13A(3) respecting the responsibility for damage and the
        reasonableness of the costs incurred, but no appeal is available to a
        person convicted of one of the offences referred to in section 13A(1);
        (Added 83 of 1993 s. 19)

   (b)  section 14(2A) (refusing to consider an application); (Replaced 67 of
        1990 s. 22)

   (c)  section 15(1) (refusing to grant a licence); (Replaced 67 of 1990 s.
        22)

   (d)  section 15(4) (fixing terms and conditions of a licence); (Replaced 67
        of 1990 s. 22)

   (e)  section 16(2) (cancelling a temporary licence); (Replaced 67 of 1990
        s. 22)

   (f)  section 16(3) (granting or fixing terms and conditions of a new
        licence); (Replaced 67 of 1990 s. 22)

   (fa) section 19(1A) (refusing to consider an application); (Added 67 of
        1990 s. 22)

   (g)  section 20(1) (refusing to grant a licence);

   (h)  section 20(4) (fixing terms and conditions of a licence);

   (i)  section 20(5) (the period of the licence); (Replaced 67 of 1990 s. 22)

   (j)  section 23(4) (refusing to renew a licence);

   (ja) section 23A(5) (refusing to renew a licence); (Added 67 of 1990 s. 22)

   (jb) section 23A(7) (fixing terms and conditions of a licence); (Added 67
        of 1990 s. 22)

   (jc) section 23A(8) (the period of the renewed licence); (Added 67 of 1990
        s. 22)

   (k)  section 24(3)(a)(i) (imposing new or amended terms or conditions for
        continuance of a licence);

   (l)  sections 24(3)(a)(iii) and 24(3)(b) (cancelling a licence);

   (m)  section 24(3)(c) (amending or adding to a notice or substituting a new
        notice);

   (n)  section 28(4) (refusing to vary a licence);

   (o)  section 35 (requiring information to be furnished);

   (p)  section 43 (refusing to withhold information from the register).

(2) No appeal shall lie under this section where the requirement of the
Authority is made with the prior approval of the Governor in Council under
section 24(2). (Amended 67 of 1990 s. 22)

(3) An appeal under subsection (1) shall be made by lodging a notice of appeal
in the prescribed manner and form within 21 days after the person aggrieved
has received notice of the decision or requirement.

(4) Where the decision or requirement appealed from was made under a provision
mentioned in paragraphs (a), (b) to (e), (i) to (m) or (o) of subsection (1)
the notice thereof shall be suspended and cease to have effect as from the day
on which notice of appeal is duly given to the Authority and until the appeal
is disposed of, withdrawn or abandoned, unless- (Amended 83 of 1993 s. 19)

   (a)  the decision or requirement is considered by the Authority to be
        necessary because-

        (i)    in any case, the quality of the part of the waters of Hong Kong
               to which the decision or requirement relates may constitute a
               danger to the health of the public or a section of the public;
               or

        (ii)   in the case of a licence for the purposes of section 9, the
               discharge or deposit to which the decision or requirement
               relates may be harmful to the drainage or sewerage system or to
               the health or safety of any person engaged in the operation
               thereof; and

   (b)  the notice contains a statement to that effect. (Amended 67 of 1990 s.
        22)

(4A) Subsection (4) does not apply where the decision that is appealed under
this section arises under section 20(3A) or 24(1)(d). (Added 67 of 1990 s. 22)

(4B) Where the decision appealed from was made under section  13A (3), no
enforcement or further enforcement for the recovery of costs shall be taken
under section 40B until the appeal is disposed of, withdrawn or abandoned.
(Added 83 of 1993 s. 19)

(5) Where the appeal is from a decision of the Secretary under section 43, he
shall not enter in the register the information to which the appeal relates
until the appeal is disposed of, withdrawn or abandoned.