Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 46

Regulations

(1) The Governor in Council may, after consultation with the Advisory Council
on the Environment, by regulation provide for- (Amended L.N. 165 of 1984; L.N.
57 of 1994)

   (a)  the control and maintenance of wastewater treatment facilities,
        including the requirement that only persons registered under the
        regulations may operate and maintain a wastewater treatment facility;
        (Added 83 of 1993 s. 28)

   (b)  the form and contents of-

        (i)    an application under section 14; (Amended 67 of 1990 s. 22)

        (ii)   (Repealed 67 of 1990 s. 22)

        (iii)  an application for a licence under section 19;

        (iv)   an application for a renewal of a licence under section 23 and
               23A; (Amended 67 of 1990 s. 22)

        (v)    an application for a variation of a licence under section 28;

   (c)  the period within which a licensee shall make an application for a
        renewal of the licence, and the circumstances in which a licence may
        continue in force pending the determination of any such application;

   (d)  the particulars to be entered in the register;

   (e)  the particulars to be contained in a notice referred to in
        section 19(3)(b);

   (f)  the manner in which objections shall be made under section  19 (4)(b);

   (g)  the manner of determining the amount of compensation payable under
        sections 25 and 26, the factors to be taken into account or
        disregarded and the principles to be applied in determining that
        amount;

   (h)  the forms to be used and the procedure to be followed for the purpose
        of appeals under Part VI;

   (i)  fees and charges which may be imposed by the Authority or the
        Secretary- (Amended 83 of 1993 s. 28)

        (i)    on persons who are making discharges or deposits for which a
               licence is in force, or on any class or description of such
               persons or in respect of such discharges or deposits or any
               class or description thereof, including charges for the
               reception, treatment and disposal of matter discharged pursuant
               to a licence for the purposes of section 9; (Amended 67 of 1990
               s. 22)

        (ii)   persons making any application referred to in paragraph (b);

   (j)  matters about which information may be obtained under section  35 (1);
        (k) the manner in which notices required or authorized by this
        Ordinance may be given or sent to the person to whom they are
        addressed;

   (l)  the inclusion of a lake, pool or pond or any description of lake, pool
or pond within the definition of "inland waters" in section 2; (Amended 67 of
1990 s. 22)

   (m)  prescribing anything (including any fee) which is to be or may be
        prescribed by regulations;

   (n)  generally for the better carrying out of the provisions and purposes
        of this Ordinance.

(2) The Governor in Council may, after consultation with the Advisory Council
on the Environment, by regulation- (Amended L.N. 57 of 1994)

   (a)  provide for the construction, maintenance, repair and demolition of
        sewerage;

   (b)  require an owner or occupier of property to construct works to convey
        wastewater from the property to a place for connection to sewerage;

   (c)  authorize the Authority to-

        (i)    construct the works referred to in paragraph (b) if the owner
               or occupier fails to do so and to recover the costs from the
               owner or occupier;

        (ii)   connect the works to sewerage;

   (d)  require an owner or occupier of property to maintain the works and
        connection referred to in paragraphs (b) to (c);

   (e)  authorize the Authority to maintain the works and connection referred
        to in paragraphs (b) and (c) if the owner or occupier fails to do so
        and to recover the costs from the owner or occupier;

   (f)  require an owner or occupier of property on which a wastewater 
        treatment facility has become redundant as a result of providing a
        sewerage connection to the property to carry out works to fill in or
        demolish the wastewater treatment facility and to fill in or demolish
        redundant drainage facilities;

   (g)  authorize the Authority to carry out the works referred to in
        paragraph (f) if the owner or occupier fails to do so and to recover
        the costs from the owner or occupier;

   (h)  authorize the Authority to require the owner of a wastewater 
        treatment facility in a water control zone to construct works, effect
        repairs or modify or carry out operations as he specifies in order to
        ensure the effective operation of the facility;

   (i)  authorize the Authority to do the things referred to in paragraph (h)
        if the owner fails to do so and to recover the costs from the owner;

   (j)  authorize the Authority, if there is more than one owner of the
        facility referred to in paragraph (h) and they fail to do the things
        referred to in that paragraph, to take over the operation of the
        facility and to recover the costs from the owners;

   (k)  provide for compensation for damage that may be caused by the
        Authority during entry onto property or the carrying out or
        construction of works under this subsection;

   (l)  provide for appeals to an Appeal Board from decisions of the Authority
        under regulations made under this subsection; and

   (m)  apply any or all of the provisions of the Roads (Works, Use and 
        Compensation) Ordinance ( Cap 370), with any modifications or
        additions as are considered necessary or desirable, for any purposes
        of this Ordinance relating directly or indirectly to the carrying out
        of works or the construction, maintenance, repair and demolition of
        works. (Added 83 of 1993 s. 28)

(3) A regulation made under this section may provide that a contravention of
specified provisions of it or of specified provisions of a licence or notice
is an offence and may provide a penalty not exceeding imprisonment for 6
months, a fine of $200000 and in addition a fine of $10000 for each day during
which it is proved to the satisfaction of the court that the offence has
continued. (Replaced 83 of 1993 s. 28)