Hong Kong Ordinances

DUMPING AT SEA ORDINANCE - SECT 8

Requirement to have permit for dumping at sea

(Past version on 30/06/1997).

PART IV

PERMITS

(1) An operation described in this subsection requires a permit under this
section-

   (a)  dumping substances or articles within the waters of Hong Kong, either
        in the sea or under the sea-bed-

        (i)    from an aircraft, vehicle, vessel or marine structure;

        (ii)   from a container floating in the sea; or

        (iii)  from a structure on land constructed or adapted wholly or
               mainly for the purpose of dumping solids in the sea;

   (b)  dumping substances or articles anywhere in the sea or under the
        sea-bed-

        (i)    from a Hong Kong aircraft, Hong Kong vessel or other Hong Kong 
               marine structure; or

        (ii)   from a container floating in the sea, if the dumping is
               controlled from a Hong Kong aircraft, Hong Kong vessel or other
               Hong Kong  marine structure;

   (c)  scuttling a vessel, aircraft or marine structure-

        (i)    in the waters of Hong Kong; or

        (ii)   anywhere at sea, if the scuttling is controlled from a Hong 
               Kong aircraft, Hong Kong vessel or other
               Hong Kong marine structure;

   (d)  loading an aircraft, vessel, marine structure or floating container in
        Hong Kong or the waters of Hong Kong with substances or articles for
        dumping anywhere in the sea or under the sea-bed;

   (e)  loading a vehicle in Hong Kong with substances or articles for dumping
        from the vehicle anywhere in the waters of Hong Kong;

   (f)  towing or propelling from Hong Kong or the waters of Hong Kong a
        vessel for scuttling anywhere at sea.

(2) (Repealed 18 of 2000 s. 2)

(3) A person who-

   (a)  is a waste producer of a substance or article that is to be dumped at
        sea; or

   (b)  owns a vessel, aircraft or marine structure intended for scuttling,
        shall hold a permit before authorizing or commencing-

        (i)    a dumping operation under subsection (1)(a) or (b);

        (ii)   a scuttling operation under subsection (1)(c);

        (iii)  a loading operation under subsection (1)(d) or (e); or

        (iv)   a towing or propelling operation under subsection (1)(f).

(4) A person who has possession of a substance, article, vessel, aircraft or
marine structure that is to be dumped or scuttled at sea, shall satisfy
himself that the waste producer or the owner of the vessel, aircraft or
marine structure holds a permit relating to the substance, article, vessel,
aircraft or marine structure.

(5) A person shall apply for a permit in the form that the Authority directs
specifying-

   (a)  the name and address of the waste producer;

   (b)  the name and address of the owner of the vessel, aircraft or
        marine structure to be scuttled;

   (c)  the mode of transportation from the site of waste production to the
        point of final disposal at sea;

   (d)  a description of the substance or article to be dumped;

   (e)  the name of the dumping operator;

   (f)  the loading point in Hong Kong;

   (g)  the location of final disposal at sea; and

   (h)  such other information as the Authority may reasonably require to
        determine whether or not to issue a permit. (Enacted 1995)