WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - CHAPTER 354N WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - LONG TITLE Empowering section VerDate: (Cap 354, section 33) [Parts 1, 3 and 4 Part 5 (except sections 14 to 18 and 19(1) to (7)) Part 6 Schedule 1 (except Part 2) Schedule 2 (except Part 2) Schedule 3 (except Part 2) Schedule 4 (except items 3 and 5 of Part 1, and Part 2) Schedule 5 } } }} } 1 December 2005 L.N. 144 of 2005 Part 2 sections 14 to 18 and 19(1) to (7) Part 2 of Schedule 1 Part 2 of Schedule 2 Part 2 of Schedule 3 Part 2 of Schedule 4 Schedule 6 } } }} 20 January 2006 L.N. 144 of 2005] (L.N. 166 of 2004) WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 1 Commencement VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. PART 1 PRELIMINARY This Regulation shall come into operation on a day to be appointed by the Secretary for the Environment by notice published in the Gazette. (L.N. 130 of 2007) WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 1 Commencement VerDate:01/12/2005 PART 1 PRELIMINARY This Regulation shall come into operation on a day to be appointed by the Secretary for the Environment, Transport and Works by notice published in the Gazette. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 2 Interpretation VerDate:01/12/2005 In this Regulation, unless the context otherwise requires- "account-holder" (帳戶戶主) means a person who has established a billing account or an exemption account; "billing account" (繳費帳戶) means a billing account established under section 6(1); "construction waste" (建築廢物) means any substance, matter or thing that is generated from construction work and abandoned, whether or not it has been processed or stockpiled before being abandoned, but does not include any sludge, screenings or matter removed in or generated from any desludging, desilting or dredging works; "construction work" (建造工程) means- (a) the construction, erection, installation, reconstruction, repair, maintenance (including redecoration and external cleaning), renewal, removal, alteration, improvement, addition, dismantling, or demolition of any of the following structures or works- (i) any building, edifice, wall, fence or chimney, whether constructed wholly or partly above or below ground level; (ii) any road, motorway, railway, tramway, cableway, aerial ropeway or canal; (iii) any harbour works, dock, pier, sea defence works or lighthouse; (iv) any aqueduct, viaduct, bridge or tunnel; (v) any sewer, sewage disposal works or filter bed; (vi) any airport or works connected with air navigation; (vii) any dam, reservoir, well, pipeline, culvert, shaft or reclamation; (viii) any drainage, irrigation or river control works; (ix) any water, electrical, gas, telephonic, telegraphic, radio or television installation or works, or any other works designed for the manufacturing or transmission of power or the transmission or reception of radio or sound waves; (x) any structure designed for the support of machinery, plant or power transmission lines; (xi) any slope stabilization or treatment works; (xii) any site formation works, ground investigation, foundation works or building operation; (b) any work involved in preparing for any operation referred to in paragraph (a); or (c) the use of machinery, plant, tools, gear and materials in connection with any operation or work referred to in paragraph (a) or (b); "contract" (合約) means a contract in writing or a contract supported by sufficient evidence in writing; (L.N. 2 of 2005) "designated waste disposal facility" (指定廢物處置設施) has the same meaning as in section 2(1) of the Waste Disposal (Designated Waste Disposal Facility) Regulation (Cap 354 sub. leg. L); "exemption account" (豁免繳費帳戶) means an exemption account established under section 8(1); "inert construction waste" (惰性建築廢物) means construction waste belonging to a type of material specified in Schedule 5; "landfill" (堆填區) means a landfill specified in Part 1 of Schedule 1; "landfill charge" (堆填費) means a landfill charge payable under section 14; "maximum load" (最高載重), in relation to a vessel, means the weight of the maximum load that the vessel is capable of carrying, as determined by the Director under section 12(2); "prescribed charge" (訂明收費) means a landfill charge, sorting charge or public fill charge; "prescribed facility" (訂明設施) means a landfill, refuse transfer station, sorting facility or public fill reception facility; "public fill charge" (公眾填料費) means a public fill charge payable under section 16; "public fill reception facility" (公眾填料接收設施) means a public fill reception facility specified in Part 1 of Schedule 4; "refuse transfer station" (廢物轉運站) means a refuse transfer station specified in Part 1 of Schedule 2; "sorting charge" (篩選分類費) means a sorting charge payable under section 15; "sorting facility" (篩選分類設施) means a sorting facility specified in Part 1 of Schedule 3; "specified form" (指明表格), in relation to any purpose under this Regulation, means a form specified for that purpose by the Director under section 20; "surcharge" (附加費) means a surcharge payable under section 18(3). "account-holder" (帳戶戶主) "billing account" (繳費帳戶) "construction waste" (建築廢物) "construction work" (建造工程) "contract" (合約) "designated waste disposal facility" (指定廢物處置設施) "exemption account" (豁免繳費帳戶) "inert construction waste" (惰性建築廢物) "landfill" (堆填區) "landfill charge" (堆填費) "maximum load" (最高載重) "prescribed charge" (訂明收費) "prescribed facility" (訂明設施) "public fill charge" (公眾填料費) "public fill reception facility" (公眾填料接收設施) "refuse transfer station" (廢物轉運站) "sorting charge" (篩選分類費) "sorting facility" (篩選分類設施) "specified form" (指明表格) "surcharge" (附加費) WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 3 Conditions for disposal of construction waste at prescribed facilities VerDate:20/01/2006 PART 2 DISPOSAL OF CONSTRUCTION WASTE AT PRESCRIBED FACILITIES (1) Subject to subsection (2), construction waste may be accepted for disposal at a designated waste disposal facility only if- (a) the facility is a prescribed facility; (b) the Director is satisfied that the requirement in respect of the content of inert construction waste specified in Schedule 6 for the prescribed facility concerned is complied with in respect of the construction waste; (c) the person who delivers it, or on whose behalf it is delivered, is an account-holder of a valid billing account; and (d) the construction waste is delivered in accordance with all the conditions of use imposed in relation to that account. (2) Where the construction waste is generated from construction work undertaken under a contract referred to in section 9(2), the billing account referred to in subsection (1)(c) and (d) must be one established solely in respect of that contract. (3) Where the construction waste is generated from construction work undertaken under a contract referred to in section 7(1), the billing account referred to in subsection (1)(c) and (d) may instead be an exemption account established solely in respect of that contract, so long as that account is a valid exemption account. (4) Construction waste delivered by a vessel to a designated waste disposal facility may be accepted for disposal at the facility only if, in addition to the requirements in subsections (1) and (2)- (a) the facility is a public fill reception facility; (b) the vessel is approved by the Director to be used for this purpose under Part 4; and (c) the construction waste is delivered in accordance with all the conditions of use imposed in relation to the approval of that vessel. (L.N. 2 of 2005) (5) Subsection (1)(c) and (d) does not apply in respect of construction waste that is- (a) delivered by a vehicle owned by the Government; or (b) arising from the operation of a prescribed facility. (6) Without prejudice to the circumstances in which construction waste may not be accepted under subsection (1) or (4), the Director may refuse to accept any waste at a designated waste disposal facility in such other circumstances as he thinks fit. (7) In this section- "valid billing account" (有效繳費帳戶) means a billing account that is not suspended, revoked or closed at the time the construction waste concerned is delivered to the prescribed facility for disposal; "valid exemption account" (有效豁免繳費帳戶) means an exemption account that is not revoked or has not expired at the time the construction waste concerned is delivered to the prescribed facility for disposal. "valid billing account" (有效繳費帳戶) "valid exemption account" (有效豁免繳費帳戶) WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 4 Powers to inspect waste and determine whether charge is payable VerDate:20/01/2006 The Director may- (a) for the purposes of section 3, carry out an inspection to determine whether a load of waste delivered to a designated waste disposal facility is construction waste and whether the requirement in section 3(1)(b) is complied with; and (b) determine whether a prescribed charge is to be imposed in respect of any waste accepted for disposal at a prescribed facility. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 5 Application for billing account for disposal of construction waste VerDate:01/12/2005 PART 3 BILLING ACCOUNTS AND EXEMPTION ACCOUNTS (1) A person may apply to establish a billing account by making an application to the Director in writing and in the specified form. (2) The specified form may require that- (a) it be completed in a specified way; (b) specified information or documents be included in or attached to it; or (c) it be submitted in a specified manner. (3) The Director may, by notice in writing, require an applicant to provide, within a reasonable period specified in the notice, additional information and documents as are reasonably necessary to enable the Director to determine the application. (4) Where a change in the information provided to the Director under this section occurs before the determination of the application, the applicant shall, as soon as reasonably practicable, inform the Director in writing of the change unless the application has been withdrawn. (5) If any requirement under this section is not complied with, the application is to be treated as not properly made. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 6 Determination of application for billing account VerDate:01/12/2005 (1) The Director may approve an application to establish a billing account or reject the application. (2) The Director may reject the application if- (a) the application is not properly made; (b) the information provided by the applicant in relation to the application is incorrect or misleading; or (c) a prescribed charge or surcharge is outstanding under another billing account established by the applicant. (3) The Director shall give the applicant notice in writing of the decision to approve or reject an application. If the Director rejects the application, he shall include in the notice a statement setting out the reasons for the decision. (4) The Director may approve an application to establish a billing account subject to such conditions as the Director considers appropriate. (5) Without limiting subsection (4), the Director may impose- (a) any basic conditions on the breach of which the Director may revoke the billing account; and (b) any conditions of use that must be complied with for the purpose of delivering construction waste to a prescribed facility for disposal, including a condition requiring the account-holder to pay to the Director a deposit of an amount specified by the Director as security for the payment of any prescribed charge or surcharge. (6) The Director may from time to time, by giving notice in writing to the account-holder, impose any additional conditions or vary or revoke any conditions imposed under this section. (7) Where a change in the information provided to the Director in relation to a billing account occurs, the account-holder shall, as soon as reasonably practicable, inform the Director in writing of the change. (8) The Director may revoke a billing account if the account-holder, without reasonable excuse, fails to comply with subsection (7) or with any basic condition imposed in relation to the account. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 7 Application for exemption account VerDate:01/12/2005 (1) If the Director is satisfied that the construction waste intended to be delivered by a person or on his behalf to a prescribed facility for disposal is generated from construction work undertaken under a contract, the Director may, on application, give approval for that person to establish an exemption account solely in respect of that contract if- (a) that contract has been awarded before the commencement of this section; or (b) the closing date (if any) for submitting a tender for that contract is earlier than the commencement of this section. (L.N. 2 of 2005) (2) No prescribed charge is payable by the account-holder of that exemption account in respect of construction waste generated from construction work undertaken under that contract. (3) Any application to establish an exemption account must be made not later than 21 days from the commencement of this section. The application must be made in writing and in the specified form. (4) The specified form may require that- (a) it be completed in a specified way; (b) specified information or documents be included in or attached to it; or (c) it be submitted in a specified manner. (5) The Director may, by notice in writing, require an applicant to provide, within a reasonable period specified in the notice, additional information and documents as are reasonably necessary to enable the Director to determine the application. (6) Where a change in the information provided to the Director under this section occurs before the determination of the application, the applicant shall, as soon as reasonably practicable, inform the Director in writing of the change unless the application has been withdrawn. (7) If any requirement under subsection (3), (4), (5) or (6) is not complied with, the application is to be treated as not properly made. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 8 Determination of application for exemption account VerDate:01/12/2005 (1) The Director may approve an application to establish an exemption account or reject the application. (2) On approving the application, the Director may limit the validity of that account to a specified period. (3) Subject to section 7(1), the Director may reject the application if- (a) the application is not properly made; or (b) the information provided by the applicant in relation to the application is incorrect or misleading. (4) The Director shall give the applicant notice in writing of the decision to approve or reject an application. If the Director rejects the application, he shall include in the notice a statement setting out the reasons for the decision. (5) The Director may approve an application to establish an exemption account subject to such conditions as the Director considers appropriate. (6) Without limiting subsection (5), the Director may impose- (a) any basic conditions on the breach of which the Director may revoke the exemption account; and (b) any conditions of use that must be complied with for the purpose of delivering construction waste to a prescribed facility for disposal. (7) The Director may from time to time, by giving notice in writing to the account-holder, impose any additional conditions or vary or revoke any conditions imposed under this section. (8) The Director may revoke an exemption account if the account-holder, without reasonable excuse, fails to comply with any basic condition imposed in relation to the account. (9) Where a change in the information provided to the Director in relation to an exemption account occurs, the account-holder shall, as soon as reasonably practicable, inform the Director in writing of the change. (10) The account-holder of an exemption account who, without reasonable excuse, fails to comply with subsection (9) commits an offence and is liable to a fine at level 6. (11) The Director may make public the information that the validity of an exemption account is limited to a specified period or the account has been revoked or has expired, in a manner the Director considers appropriate. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 9 Duty of main contractor of construction work to apply for billing account VerDate:01/12/2005 (1) A main contractor who undertakes construction work with a value of $1000000 or above under a contract that has been awarded on or after the commencement of this section shall, within 21 days after being awarded the contract, make an application to the Director to establish a billing account solely in respect of that contract. (2) Where the Director has approved the application to establish a billing account solely in respect of that contract, the main contractor shall ensure that- (a) that billing account is used for paying any prescribed charge payable in respect of construction waste generated from construction work undertaken under that contract; and (b) that billing account is not used for paying any prescribed charge payable in respect of any other construction waste. (L.N. 2 of 2005) (3) In this section, "main contractor" (主要承判商) means a person who enters into a contract directly with an owner or occupier of any land, or with an agent or authorized architect, surveyor or engineer of such owner or occupier, to perform any construction work for such owner or occupier. (4) For the purpose of subsection (1), "value" (價值), in relation to construction work undertaken under a contract, means the consideration attributable to such work, as stated in, or ascertainable by reference to, the contract. (5) Notwithstanding subsection (4), if in a particular case the consideration attributable to the construction work concerned as determined in accordance with that subsection is below the reasonable consideration to be expected on the open market in respect of the carrying out of such work, that subsection shall be deemed to contain a reference to the reasonable consideration described in this subsection instead of the consideration described in that subsection. (6) For the purpose of subsection (5), the Director may, when ascertaining the reasonable consideration in respect of the carrying out of any construction work, have regard to all or any of the following matters- (a) the cost or value of materials to be used in the construction work; (b) the cost or value of time, work and labour to be involved in the construction work; (c) the equipment to be used in the construction work; (d) such overhead costs to be incurred in relation to the construction work as the Director considers reasonable; (e) the reasonable profit to be expected on the open market in respect of the carrying out of the construction work; (f) any other factors that the Director considers appropriate. (7) A main contractor who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine at level 5 and, in the case of a continuing offence, to a further daily fine of $1000 for each day during which the offence continues. (8) A main contractor who, without reasonable excuse, fails to comply with subsection (2) commits an offence and is liable to a fine at level 5. "main contractor" (主要承判商) "value" (價值) WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 10 Deposits VerDate:01/12/2005 (1) This section applies to any deposit paid to the Director by an account-holder in relation to a billing account. (2) No interest is payable to the account-holder on the deposit and the deposit is not transferable. (3) The Director may apply any such deposit towards the payment of any unpaid prescribed charge or surcharge outstanding under the billing account in relation to which the deposit is paid. (4) The Director shall refund to an account-holder the deposit or, if it has been applied under subsection (3), the balance (if any)- (a) upon the closure, at the account-holder's request, of the billing account; or (b) upon the revocation of the billing account. (L.N. 2 of 2005) (5) The Director may, on his own initiative or at an account-holder's request, refund to the account-holder the deposit or part of it if the Director is satisfied that the deposit or that part is no longer required. (L.N. 2 of 2005) (6) In making a decision under subsection (5), the Director shall have regard to the factors that he considers relevant to the use of the billing account, including the amount of construction waste that the account-holder proposes to dispose of at any prescribed facility. (L.N. 2 of 2005) (7) The Director may at any time, by notice in writing to an account-holder- (L.N. 2 of 2005) (a) increase the amount required to be paid as a deposit by an amount specified in the notice; and (b) require the account-holder to pay the increase to the Director within the period and in the manner specified in the notice. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 11 Application for vessel to be approved for delivering construction waste to public fill reception facility VerDate:01/12/2005 PART 4 DELIVERY OF CONSTRUCTION WASTE TO PUBLIC FILL FACILITIES BY VESSELS (1) The Director may, on application by an account-holder, approve a steel lighter or steel hopper barge to be used as a vessel for delivering inert construction waste to a public fill reception facility for disposal. (2) An application must be- (a) made to the Director in writing and in the specified form; and (b) accompanied by information or documents that enable the Director to determine the maximum load of the vessel concerned for the purpose of calculating the public fill charge applicable to it. (3) The specified form may require that- (a) it be completed in a specified way; (b) specified information or documents be included in or attached to it; or (c) it be submitted in a specified manner. (4) The Director may, by notice in writing, require an applicant to provide, within a reasonable period specified in the notice, additional information and documents as are reasonably necessary to enable the Director to determine the application. (5) Where a change in the information provided to the Director under this section occurs before the determination of the application, the applicant shall, as soon as reasonably practicable, inform the Director in writing of the change unless the application has been withdrawn. (6) If any requirement under subsection (2), (3), (4) or (5) is not complied with, the application is to be treated as not properly made. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 12 Determination of application for vessel to be approved for delivering construction waste VerDate:01/12/2005 (1) The Director may approve a vessel under section 11 or reject the application. (2) On approving the vessel, the Director shall determine the maximum load of the vessel for the purpose of calculating the public fill charge applicable to it. (3) The Director may reject the application if- (a) the vessel is not a steel lighter or steel hopper barge; (b) the application is not properly made; or (c) the information provided by the applicant in relation to the application is incorrect or misleading. (4) The Director shall give the applicant notice in writing of the decision to approve the vessel or reject the application. If the Director rejects the application, he shall include in the notice a statement setting out the reasons for the decision. (5) The Director may approve the vessel subject to such conditions as the Director considers appropriate. (6) Without limiting subsection (5), the Director may impose- (a) any basic conditions on the breach of which the Director may revoke the approval; and (b) any conditions of use that must be complied with for the purpose of using the vessel to deliver construction waste to a prescribed facility for disposal. (7) The Director may from time to time, by giving notice in writing to the account-holder, impose any additional conditions or vary or revoke any conditions imposed under this section. (8) Where a change in the information provided to the Director in relation to a vessel approved under this Part occurs, the account-holder shall, as soon as reasonably practicable, inform the Director in writing of the change. (9) The Director may revoke the approval of a vessel if the account-holder, without reasonable excuse, fails to comply with subsection (8) or with any basic condition imposed in relation to that approval. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 13 Prescribed charges to be paid using billing account VerDate:01/12/2005 PART 5 PAYMENT OF PRESCRIBED CHARGES A prescribed charge payable by an account-holder under this Part in respect of the construction waste delivered by him or on his behalf to a prescribed facility for disposal must be paid using a billing account established by that account-holder. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 14 Landfill charge VerDate:20/01/2006 (1) An account-holder of a billing account shall, in respect of each load of construction waste delivered by him or on his behalf to a landfill for disposal, pay to the Director a landfill charge calculated in accordance with Part 2 of Schedule 1. (2) An account-holder of a billing account shall, in respect of each load of construction waste delivered by him or on his behalf to a refuse transfer station for disposal, pay to the Director a landfill charge calculated in accordance with Part 2 of Schedule 2. (3) If a load of waste delivered to a landfill or refuse transfer station for disposal contains construction waste and other waste, that load is regarded as consisting entirely of construction waste for the purpose of calculating the landfill charge applicable to it. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 15 Sorting charge VerDate:20/01/2006 An account-holder of a billing account shall, in respect of each load of construction waste delivered by him or on his behalf to a sorting facility for disposal, pay to the Director a sorting charge calculated in accordance with Part 2 of Schedule 3. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 16 Public fill charge VerDate:20/01/2006 (1) Except as provided in subsection (2), an account-holder of a billing account shall, in respect of each load of construction waste delivered by him or on his behalf to a public fill reception facility for disposal, pay to the Director a public fill charge calculated in accordance with items (a), (b) and (c) in Part 2 of Schedule 4. (2) Where construction waste is delivered by a vessel approved under Part 4 to a public fill reception facility for disposal, the account-holder concerned shall, in respect of each load of construction waste so delivered by him or on his behalf, pay to the Director a public fill charge calculated on the basis of the maximum load of the vessel and in accordance with item (d) in Part 2 of Schedule 4. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 17 Determination of weight of construction waste delivered by vehicles VerDate:20/01/2006 (1) For the purpose of calculating the prescribed charge payable in respect of a load of construction waste delivered by a vehicle to a prescribed facility for disposal, the weight of the waste is the difference between- (a) the gross vehicle weight of the vehicle recorded at the in-weighbridge of the facility before the waste has been unloaded from the vehicle; and (b) the gross vehicle weight of the vehicle recorded at the out-weighbridge of the facility after the waste has been unloaded from the vehicle. (2) If the gross vehicle weight referred to in subsection (1)(b) is not recorded because the driver of the vehicle concerned fails to stop the vehicle at the out-weighbridge of the facility after the waste has been unloaded, the weight of the waste is to be regarded as the gross vehicle weight of the vehicle referred to in subsection (1)(a). (3) If the gross vehicle weight referred to in subsection (1)(a) is not recorded because the driver of the vehicle concerned fails to stop the vehicle at the in-weighbridge of the facility before the waste has been unloaded, the weight of the waste is to be regarded as the permitted gross vehicle weight of the vehicle, regardless of whether the gross vehicle weight referred to in subsection (1)(b) is recorded or not. (4) In this section, "gross vehicle weight" (車輛總重) and "permitted gross vehicle weight" (許可車輛總重) have the same meaning as in section 2 of the Road Traffic Ordinance (Cap 374). "gross vehicle weight" (車輛總重) and "permitted gross vehicle weight" (許可車輛總 重) WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 18 Payment of prescribed charges and levy of surcharge upon non-payment VerDate:20/01/2006 (1) The Director shall issue to an account-holder of a billing account a notice of demand in writing specifying the amount of any prescribed charge incurred by him on that account during the period specified in the notice. (2) The account-holder shall pay to the Director the specified prescribed charge within 45 days from the date of the notice and in the manner specified in the notice. (L.N. 2 of 2005) (3) If the amount specified in the notice is not paid as required, the account-holder is liable to pay a surcharge of 5% of the unpaid amount. (4) The account-holder shall pay to the Director the total amount of the unpaid prescribed charge and the surcharge within 14 days from the date on which the surcharge becomes payable. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 19 Suspension and revocation of billing account VerDate:20/01/2006 (1) If any unpaid prescribed charge and surcharge is not paid as required under section 18(4), the Director may suspend the billing account. (2) On suspending a billing account, the Director shall issue to the account-holder a final notice of demand in writing- (a) requiring him to pay, within 14 days from the date of that notice- (i) the prescribed charge and surcharge that have not been paid as required under section 18(4); and (ii) any other outstanding prescribed charge incurred by him on that account before the suspension, whether or not that charge has become due for payment under section 18(2); and (b) informing him that if the final notice of demand is not settled as required, the billing account will be revoked. (3) The Director shall, within 14 days of the suspension of the billing account, issue to the account-holder a notice in writing informing him of the reason for the suspension. (4) If the Director is subsequently satisfied that the reason for suspending a billing account no longer exists, he may, with or without conditions, reinstate the account on the application of the account-holder. (5) If a final notice of demand is not settled as required under subsection (2), the Director may revoke the billing account. (6) The Director shall, within 14 days of the revocation of the billing account, issue to the account-holder a notice in writing informing him of the reason for the revocation. (7) On the application of the account-holder of a revoked billing account, the Director may, with or without conditions, reinstate the account if all the outstanding prescribed charges and surcharges under the revoked account have been paid. (8) The Director may make public the information that a billing account has been suspended, revoked, reinstated or closed, in a manner the Director considers appropriate. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 19 Suspension and revocation of billing account VerDate:01/12/2005 * Provisions marked with the asterisk have not yet come into operation. *[(1) If any unpaid prescribed charge and surcharge is not paid as required under section 18(4), the Director may suspend the billing account. (2) On suspending a billing account, the Director shall issue to the account-holder a final notice of demand in writing- (a) requiring him to pay, within 14 days from the date of that notice- (i) the prescribed charge and surcharge that have not been paid as required under section 18(4); and (ii) any other outstanding prescribed charge incurred by him on that account before the suspension, whether or not that charge has become due for payment under section 18(2); and (b) informing him that if the final notice of demand is not settled as required, the billing account will be revoked. (3) The Director shall, within 14 days of the suspension of the billing account, issue to the account-holder a notice in writing informing him of the reason for the suspension. (4) If the Director is subsequently satisfied that the reason for suspending a billing account no longer exists, he may, with or without conditions, reinstate the account on the application of the account-holder. (5) If a final notice of demand is not settled as required under subsection (2), the Director may revoke the billing account. (6) The Director shall, within 14 days of the revocation of the billing account, issue to the account-holder a notice in writing informing him of the reason for the revocation. (7) On the application of the account-holder of a revoked billing account, the Director may, with or without conditions, reinstate the account if all the outstanding prescribed charges and surcharges under the revoked account have been paid.] (8) The Director may make public the information that a billing account has been suspended, revoked, reinstated or closed, in a manner the Director considers appropriate. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 20 Director may specify forms VerDate:01/12/2005 PART 6 MISCELLANEOUS The Director may specify a form for any purpose under this Regulation. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 21 Notices given by Director VerDate:01/12/2005 (1) A notice by the Director under this Regulation may be given or issued- (a) by delivering it personally to the person to whom it is to be given or issued; or (b) by sending it by post to that person's address last known to the Director. (2) The notice is also taken to have been given or issued under this Regulation if- (a) it is sent to that person by facsimile transmission, electronic mail or other similar means of communication at that person's facsimile number or electronic mail address last known to the Director; and (b) a record, generated by the means of transmission, establishes that the notice was so sent. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 22 Offences involving incorrect information VerDate:01/12/2005 A person who, in purported compliance with a requirement under this Regulation- (a) makes any statement or gives any information that he knows to be incorrect in a material particular; (b) recklessly makes any statement or gives any information that is incorrect in a material particular; or (c) knowingly or recklessly omits any material particular from any statement or information, commits an offence and is liable to a fine at level 6. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 23 Amendment of Schedules VerDate:01/12/2005 The Secretary may, by notice published in the Gazette, amend any of the Schedules. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 24 (Omitted as spent) VerDate:01/12/2005 (Omitted as spent) WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 24 Repeal VerDate: The Waste Disposal (Charges for Disposal of Waste) Regulation (Cap 354 sub. leg. K) is repealed. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION,WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 1 CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE AT LANDFILLS VerDate:20/01/2006 [sections 2, 14 & 23] PART 1 LANDFILLS Item Name Address Number of drawing or plan held by the Director by which boundaries of the facility are delineated 1. West New Territories (WENT) Landfill Lung Kwu Tan Road, Nim Wan, Tuen Mun, N.T. Drawing number WENT/GEN/102 Rev. B (Contract Document Vol. 3 of 12) 2. South East New Territories (SENT) Landfill Shek Miu Wan, Tseung Kwan O, N.T. Drawing number 90872/SP10/014B 3. North East New Territories (NENT) Landfill Wo Keng Shan Road, Ta Kwu Ling, N.T. Drawing number 90303/CON-01 TO 04 PART 2 LANDFILL CHARGE The landfill charge payable in respect of each load of construction waste delivered to a landfill for disposal is calculated as follows- (a) For a load of waste weighing 1 tonne or less ....................................................... Charge $125 (b) For a load of waste weighing more than 1 tonne .................................................. $12.5 per 0.1 tonne* (c) For a load of waste the ascertainment of the weight of which, in the Director's opinion, is impracticable or will cause public health problems ................................ $125 * In ascertaining the weight of a load of waste for the purpose of calculating the charge payable under item (b)- (i) any fraction of 0.1 tonne that is less than 0.05 tonne shall be disregarded; and (ii) any fraction of 0.1 tonne that is not less than 0.05 tonne shall be regarded as 0.1 tonne. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 1 CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE AT LANDFILLS VerDate:01/12/2005 Part 2 is not yet in operation. [sections 2, 14 & 23] PART 1 LANDFILLS Item Name Address Number of drawing or plan held by the Director by which boundaries of the facility are delineated 1. West New Territories (WENT) Landfill Lung Kwu Tan Road, Nim Wan, Tuen Mun, N.T. Drawing number WENT/GEN/102 Rev. B (Contract Document Vol. 3 of 12) 2. South East New Territories (SENT) Landfill Shek Miu Wan, Tseung Kwan O, N.T. Drawing number 90872/SP10/014B 3. North East New Territories (NENT) Landfill Wo Keng Shan Road, Ta Kwu Ling, N.T. Drawing number 90303/CON-01 TO 04 [PART 2 LANDFILL CHARGE The landfill charge payable in respect of each load of construction waste delivered to a landfill for disposal is calculated as follows- (a) For a load of waste weighing 1 tonne or less ....................................................... Charge $125 (b) For a load of waste weighing more than 1 tonne .................................................. $12.5 per 0.1 tonne* (c) For a load of waste the ascertainment of the weight of which, in the Director's opinion, is impracticable or will cause public health problems ................................ $125 * In ascertaining the weight of a load of waste for the purpose of calculating the charge payable under item (b)- (i) any fraction of 0.1 tonne that is less than 0.05 tonne shall be disregarded; and (ii) any fraction of 0.1 tonne that is not less than 0.05 tonne shall be regarded as 0.1 tonne.] WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION,WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 2 CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE AT REFUSE TRANSFER STATIONS VerDate:20/01/2006 [sections 2, 14 & 23] PART 1 REFUSE TRANSFER STATIONS Item Name Address Number of drawing or plan held by the Director by which boundaries of the facility are delineated 1. Outlying Islands Transfer Facilities-Cheung Chau Station (OITF-CCS) 1 Cheung Kwai Road, Cheung Chau, N.T. Plan number ISA 477-A 2. Outlying Islands Transfer Facilities-Mui Wo Station (OITF-MuiWS) 35 Mui Wo Ferry Pier Road, Mui Wo, Lantau, N.T. Plan number IS 3099-D 3. Outlying Islands Transfer Facilities-Peng Chau Station (OITF-PCS) GLA IS 296 & GLA IS 335, Tai Lei Island, Peng Chau, N.T. Plan number IS 2860-DA & Plan number IS 3093-D 4. Outlying Islands Transfer Facilities-Hei Ling Chau Station (OITF-HLCS) Western tip of Hei Ling Chau, adjoining the cargo pier, Hei Ling Chau, N.T. Plan number ISA 490-E 5. Outlying Islands Transfer Facilities-Yung Shue Wan Station (OITF-YSWS) Yung Shue Wan, Lamma Island, N.T. Plan number IS 3273-D 6. Outlying Islands Transfer Facilities-Sok Kwu Wan Station (OITF-SKWS) Sok Kwu Wan, Lamma Island, N.T. Plan number IS 3161-D 7. Outlying Islands Transfer Facilities-Ma Wan Station (OITF-MaWS) Pak Wan, Ma Wan, N.T., adjoining Sewage Treatment Plant. Plan number TWA 1058-E PART 2 LANDFILL CHARGE The landfill charge payable in respect of each load of construction waste delivered to a refuse transfer station for disposal is calculated as follows- (a) For a load of waste weighing 0.1 tonne or less ..................................................... Charge $12.5 (b) For a load of waste weighing more than 0.1 tonne ............................................... $12.5 per 0.1 tonne* (c) For a load of waste the ascertainment of the weight of which, in the Director's opinion, is impracticable or will cause public health problems ................................ $12.5 * In ascertaining the weight of a load of waste for the purpose of calculating the charge payable under item (b)- (i) any fraction of 0.1 tonne that is less than 0.05 tonne shall be disregarded; and (ii) any fraction of 0.1 tonne that is not less than 0.05 tonne shall be regarded as 0.1 tonne. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 2 CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE AT REFUSE TRANSFER STATIONS VerDate:01/12/2005 Part 2 is not yet in operation. [sections 2, 14 & 23] PART 1 REFUSE TRANSFER STATIONS Item Name Address Number of drawing or plan held by the Director by which boundaries of the facility are delineated 1. Outlying Islands Transfer Facilities-Cheung Chau Station (OITF-CCS) 1 Cheung Kwai Road, Cheung Chau, N.T. Plan number ISA 477-A 2. Outlying Islands Transfer Facilities-Mui Wo Station (OITF-MuiWS) 35 Mui Wo Ferry Pier Road, Mui Wo, Lantau, N.T. Plan number IS 3099-D 3. Outlying Islands Transfer Facilities-Peng Chau Station (OITF-PCS) GLA IS 296 & GLA IS 335, Tai Lei Island, Peng Chau, N.T. Plan number IS 2860-DA & Plan number IS 3093-D 4. Outlying Islands Transfer Facilities-Hei Ling Chau Station (OITF-HLCS) Western tip of Hei Ling Chau, adjoining the cargo pier, Hei Ling Chau, N.T. Plan number ISA 490-E 5. Outlying Islands Transfer Facilities-Yung Shue Wan Station (OITF-YSWS) Yung Shue Wan, Lamma Island, N.T. Plan number IS 3273-D 6. Outlying Islands Transfer Facilities-Sok Kwu Wan Station (OITF-SKWS) Sok Kwu Wan, Lamma Island, N.T. Plan number IS 3161-D 7. Outlying Islands Transfer Facilities-Ma Wan Station (OITF-MaWS) Pak Wan, Ma Wan, N.T., adjoining Sewage Treatment Plant. Plan number TWA 1058-E [PART 2 LANDFILL CHARGE The landfill charge payable in respect of each load of construction waste delivered to a refuse transfer station for disposal is calculated as follows- (a) For a load of waste weighing 0.1 tonne or less ..................................................... Charge $12.5 (b) For a load of waste weighing more than 0.1 tonne ............................................... $12.5 per 0.1 tonne* (c) For a load of waste the ascertainment of the weight of which, in the Director's opinion, is impracticable or will cause public health problems ................................ $12.5 * In ascertaining the weight of a load of waste for the purpose of calculating the charge payable under item (b)- (i) any fraction of 0.1 tonne that is less than 0.05 tonne shall be disregarded; and (ii) any fraction of 0.1 tonne that is not less than 0.05 tonne shall be regarded as 0.1 tonne.] WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION,WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 3 CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE AT SORTING FACILITIES VerDate:20/01/2006 [sections 2, 15 & 23] PART 1 SORTING FACILITIES Item Name Address Number of drawing or plan held by the Director by which boundaries of the facility are delineated 1. Tuen Mun Area 38 Temporary Construction Waste Sorting Facility Southern side of Tuen Mun Area 38, near River Trade Terminal, Tuen Mun, N.T. Plan number P 20332-1 2. Tseung Kwan O Area 137 Temporary Construction Waste Sorting Facility Southern side of Tseung Kwan O Area 137, N.T. Plan number P 20332-2 PART 2 SORTING CHARGE The sorting charge payable in respect of each load of construction waste delivered to a sorting facility for disposal is calculated as follows- (a) For a load of waste weighing 1 tonne or less ....................................................... Charge $100 (b) For a load of waste weighing more than 1 tonne .................................................. $10 per 0.1 tonne* (c) For a load of waste the ascertainment of the weight of which, in the Director's opinion, is impracticable or will cause public health problems ................................ $100 * In ascertaining the weight of a load of waste for the purpose of calculating the charge payable under item (b)- (i) any fraction of 0.1 tonne that is less than 0.05 tonne shall be disregarded; and (ii) any fraction of 0.1 tonne that is not less than 0.05 tonne shall be regarded as 0.1 tonne. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 3 CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE AT SORTING FACILITIES VerDate:01/12/2005 Part 2 is not yet in operation. [sections 2, 15 & 23] PART 1 SORTING FACILITIES Item Name Address Number of drawing or plan held by the Director by which boundaries of the facility are delineated 1. Tuen Mun Area 38 Temporary Construction Waste Sorting Facility Southern side of Tuen Mun Area 38, near River Trade Terminal, Tuen Mun, N.T. Plan number P 20332-1 2. Tseung Kwan O Area 137 Temporary Construction Waste Sorting Facility Southern side of Tseung Kwan O Area 137, N.T. Plan number P 20332-2 [PART 2 SORTING CHARGE The sorting charge payable in respect of each load of construction waste delivered to a sorting facility for disposal is calculated as follows- (a) For a load of waste weighing 1 tonne or less ....................................................... Charge $100 (b) For a load of waste weighing more than 1 tonne .................................................. $10 per 0.1 tonne* (c) For a load of waste the ascertainment of the weight of which, in the Director's opinion, is impracticable or will cause public health problems ................................ $100 * In ascertaining the weight of a load of waste for the purpose of calculating the charge payable under item (b)- (i) any fraction of 0.1 tonne that is less than 0.05 tonne shall be disregarded; and (ii) any fraction of 0.1 tonne that is not less than 0.05 tonne shall be regarded as 0.1 tonne.] WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION,WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 4 CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE AT PUBLIC FILL RECEPTION FACILITIES VerDate:20/01/2006 Italicized parts are not yet in operation. [sections 2, 16 & 23] PART 1 PUBLIC FILL RECEPTION FACILITIES Item Name Address Number of drawing or plan held by the Director by which boundaries of the facility are delineated 1. Tseung Kwan O Area 137 Fill Bank Eastern side of Tseung Kwan O Area 137, N.T. Plan number P 20332-3 2. Tuen Mun Area 38 Fill Bank Tuen Mun Area 38, near River Trade Terminal, Tuen Mun, N.T. Plan number P 20332-4 [3. Sai Ying Pun Temporary Public Filling Barging Point Eastern Street North, Sai Ying Pun, Hong Kong. Plan number P 20332-5] 4. Quarry Bay Temporary Public Filling Barging Point Hoi Yu Street, Quarry Bay, Hong Kong. Plan number P 20332-6 [5. Kai Tak Temporary Public Filling Barging Point Middle of the Former Kai Tak Runway, adjacent to the Taxiway Bridge, Kowloon City, Kowloon. Plan number P 20332-7] 6. Mui Wo Temporary Public Fill Reception Facility Mui Wo Ferry Pier Road, Mui Wo, Lantau, N.T. Plan number P 20332-8 PART 2 PUBLIC FILL CHARGE The public fill charge payable in respect of each load of construction waste delivered to a public fill reception facility for disposal is calculated as follows- (a) For a load of waste weighing 1 tonne or less ....................................................... Charge $27 (b) For a load of waste weighing more than 1 tonne .................................................. $2.7 per 0.1 tonne* (c) For a load of waste the ascertainment of the weight of which, in the Director's opinion, is impracticable or will cause public health problems ................................ $27 (d) For each load of waste delivered by a vessel approved under Part 4 .................... $2.7 for every 0.1 tonne of the maximum load of the vessel* * In ascertaining the weight of a load of waste for the purpose of calculating the charge payable under item (b) or (d)- (i) any fraction of 0.1 tonne that is less than 0.05 tonne shall be disregarded; and (ii) any fraction of 0.1 tonne that is not less than 0.05 tonne shall be regarded as 0.1 tonne. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 4 CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE AT PUBLIC FILL RECEPTION FACILITIES VerDate:01/12/2005 Italicized parts are not yet in operation. [sections 2, 16 & 23] PART 1 PUBLIC FILL RECEPTION FACILITIES Item Name Address Number of drawing or plan held by the Director by which boundaries of the facility are delineated 1. Tseung Kwan O Area 137 Fill Bank Eastern side of Tseung Kwan O Area 137, N.T. Plan number P 20332-3 2. Tuen Mun Area 38 Fill Bank Tuen Mun Area 38, near River Trade Terminal, Tuen Mun, N.T. Plan number P 20332-4 [3. Sai Ying Pun Temporary Public Filling Barging Point Eastern Street North, Sai Ying Pun, Hong Kong. Plan number P 20332-5] 4. Quarry Bay Temporary Public Filling Barging Point Hoi Yu Street, Quarry Bay, Hong Kong. Plan number P 20332-6 [5. Kai Tak Temporary Public Filling Barging Point Middle of the Former Kai Tak Runway, adjacent to the Taxiway Bridge, Kowloon City, Kowloon. Plan number P 20332-7] 6. Mui Wo Temporary Public Fill Reception Facility Mui Wo Ferry Pier Road, Mui Wo, Lantau, N.T. Plan number P 20332-8 [PART 2 PUBLIC FILL CHARGE The public fill charge payable in respect of each load of construction waste delivered to a public fill reception facility for disposal is calculated as follows- (a) For a load of waste weighing 1 tonne or less ....................................................... Charge $27 (b) For a load of waste weighing more than 1 tonne .................................................. $2.7 per 0.1 tonne* (c) For a load of waste the ascertainment of the weight of which, in the Director's opinion, is impracticable or will cause public health problems ................................ $27 (d) For each load of waste delivered by a vessel approved under Part 4 .................... $2.7 for every 0.1 tonne of the maximum load of the vessel* * In ascertaining the weight of a load of waste for the purpose of calculating the charge payable under item (b) or (d)- (i) any fraction of 0.1 tonne that is less than 0.05 tonne shall be disregarded; and (ii) any fraction of 0.1 tonne that is not less than 0.05 tonne shall be regarded as 0.1 tonne.] WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 5 INERT CONSTRUCTION WASTE VerDate:01/12/2005 [sections 2 & 23] Rock, rubble, boulder, earth, soil, sand, concrete, asphalt, brick, tile, masonry or used bentonite. WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SCHEDULE 6 CONTENT REQUIREMENTS OF INERT CONSTRUCTION WASTE FOR PRESCRIBED FACILITIES VerDate:20/01/2006 [sections 3 & 23] 1. Each load of construction waste delivered to a landfill for disposal must not contain more than 50% by weight of inert construction waste. 2. Each load of construction waste delivered to a refuse transfer station for disposal may but need not contain any inert construction waste. 3. Each load of construction waste delivered to a sorting facility for disposal must contain more than 50% by weight of inert construction waste. 4. Each load of construction waste delivered to a public fill reception facility for disposal must consist entirely of inert construction waste.