(Cap 354 section 33) [25 February 1998] L.N. 40 of 1998 (L.N. 14 of 1998) Cap 354M s 1 (Omitted as spent) (Omitted as spent) Cap 354M s 2 Interpretation In this Regulation, unless the context otherwise requires- "contractor (other than a station operator)" (承办商 (转运站经营人除外)) means any person, other than a station operator, who has entered into an agreement with the Government or with a station operator for the carrying out of an activity or the provision of a service in connection with the operation or management of a refuse transfer station; "designated officer" (指定人员) means a person appointed by the Director under section 14; "gross vehicle weight" (车辆总重) and "permitted gross vehicle weight" (许可车辆总重) have the same meaning as assigned to them under section 2 of the Road Traffic Ordinance (Cap 374); "non-peak hours" (非繁忙时间) means the periods from 7:30 a.m. and up to 8 a.m. and after 9 a.m. and up to 11:30 p.m.; "peak hours" (繁忙时间) means the period after 8 a.m. and up to 9 a.m.; "refuse transfer station" (废物转运站) means a station at which waste is processed for the purpose of transmission for disposal elsewhere; "registered account-holder" (登记帐户户主) means, in relation to a refuse transfer station, a person registered as a registered account-holder for that refuse transfer station under section 6; "registered owner" (登记车主) has the same meaning as assigned to it under section 2 of the Road Traffic Ordinance (Cap 374); "registered vehicle" (登记车辆) means, in relation to a refuse transfer station, a vehicle registered for that refuse transfer station under section 6; "registration mark" (登记号码) has the same meaning as assigned to it under section 2 of the Road Traffic Ordinance (Cap 374); "service conditions" (服务条件) means, in relation to a registered account-holder, the terms and conditions specified for the time being in relation to that registered account-holder under section 6; "station operator" (转运站经营人) means any person who has entered into an agreement with the Government for the operation or management of a refuse transfer station; "unacceptable waste" (不予接受的废物) means any waste specified as such by the Director in service conditions. Cap 354M s 3 Application This Regulation applies to the refuse transfer stations specified in column 2 of the Schedule. Cap 354M s 4 Disposal of waste at refuse transfer stations (1) A person shall not dispose of waste at a refuse transfer station unless- (a) it is disposed of from a vehicle; (b) the registered owner of the vehicle is registered as a registered account-holder for that refuse transfer station; and (c) the vehicle is registered in the name of that account-holder for the refuse transfer station.(2) Subsection (1) shall not apply to any person- (a) disposing of waste from a vehicle owned by the Government; (b) (Repealed 78 of 1999 s. 7) (c) disposing of waste collected by or on behalf of the Director of Food and Environmental Hygiene or the Director of Leisure and Cultural Services. (L.N. 183 of 2000) Cap 354M s 5 Application for registration (1) A person may make an application to the Director- (a) to be registered as a registered account-holder for the purpose of disposing of waste at refuse transfer stations; and (b) to register in his name one or more vehicles of which he is the registered owner to be used for the disposal of waste at refuse transfer stations.(2) An application under subsection (1) shall- (a) be made in writing and in a manner and form specified by the Director; and (b) contain the particulars, information and supporting materials the Director reasonably requires to enable him to determine the application.(3) The Director may under subsection (2)(b) require, in particular, the applicant to specify- (a) the refuse transfer station or stations at which waste is intended to be disposed of; (b) the estimated amount of waste that is intended to be disposed of at the refuse transfer station or stations monthly; (c) the nature of the waste; (d) the registration mark or marks of the vehicle or vehicles that are to be used for the disposal of waste at the refuse transfer station or stations.(4) In considering the application, the Director may by notice in writing to the applicant require the applicant to supply to him with such further particulars, information and supporting materials as are reasonably necessary to enable him to determine the application as may be specified in the notice within such time as may be so specified. Cap 354M s 6 Director may register account-holders and vehicles (1) Where the Director is satisfied that the applicant is a fit and proper person to be registered as a registered account-holder of refuse transfer stations and that the vehicle or vehicles specified in his application are suitable for disposing of waste at refuse transfer stations, he may register the applicant as a registered account-holder at specified refuse transfer stations, and the vehicle or vehicles as registered in his name. (2) The Director may impose such terms and conditions for registration as he thinks fit including, without limiting the generality of the foregoing, terms and conditions- (a) requiring the applicant to pay to the Director a deposit of such amount as the Director may specify in the notice under subsection (5) as security for payment of charges and surcharges under this Regulation within such time as may be so specified; (b) limiting the registration of that person, or of a vehicle registered in his name, to a particular refuse transfer station.(3) The Director shall specify the terms and conditions imposed under subsection (2) in the notice under subsection (5) and may from time to time by notice in writing given to the registered account-holder impose, vary or revoke any term or condition. (4) The Director may refuse to register as a registered account-holder any person who- (a) fails to supply the particulars, information and supporting materials in accordance with subsection (2)(b) or (4) of section 5; (b) supplies any false particulars, information or supporting materials; or (c) has incurred any charge or surcharge under this Regulation and, as at the date of his application under section 5, has not paid it.(5) The Director shall, by notice in writing given to the applicant, inform the applicant of his decision to register or refuse to register him as a registered account-holder and shall, in the case of a refusal, state the reasons for refusal. (6) Where- (a) a registered account-holder anticipates that the amount of waste that will be disposed of at the refuse transfer station or stations monthly will change substantially compared with the amount he has previously notified to the Director; (b) a registered account holder anticipates that the nature of the waste that will be disposed of at the refuse transfer station or stations will change; or (c) any change in other particulars, information or supporting materials contained in the application for registration occurs,he shall as soon as reasonably practicable notify the Director of the change, giving details of the change sufficient for the Director to assess the adequacy of the deposit. Cap 354M s 7 Registration of additional vehicle, etc. (1) A registered account-holder may at any time apply to the Director to- (a) remove any vehicle registered in his name from registration; (b) register in his name, either in substitution of a vehicle removed from registration under paragraph (a) or as an additional vehicle, a vehicle of which he is the registered owner,and sections 5 and 6 shall, subject to necessary modification, apply to an application under paragraph (b). (2) Where a registered account-holder ceases to be the registered owner of a vehicle already registered in his name under section 6, he shall immediately notify the Director and the registered account-holder remains liable for all charges and surcharges incurred under this Regulation before the Director is so notified for disposal of waste from the vehicle notwithstanding the cessation. Cap 354M s 8 Register of account-holder The Director shall establish and maintain a register in such form and containing such information with respect to persons and vehicles registered under section 6 as he thinks fit. Cap 354M s 9 Recording of weight and time at weighbridge A person intending to dispose of waste at a refuse transfer station from a vehicle shall take such reasonable steps as may be necessary for ensuring that- (a) the time when the vehicle enters the in-weighbridge of the refuse transfer station and the gross vehicle weight of the vehicle prior to the disposal is recorded at the in-weighbridge computer; and (b) the gross vehicle weight of the vehicle after the disposal is recorded at the out-weighbridge computer. Cap 354M s 10 Charges for disposal of waste (1) Subject to subsection (2), a registered account-holder shall for each load of waste disposed of at a refuse transfer station from his registered vehicle pay to the Director charges according to the weight of the load. (2) Where any person disposes of waste at a refuse transfer station from a registered vehicle without complying with section 9, the registered account-holder in whose name the vehicle is registered shall for each load of waste disposed of pay to the Director charges as if the weight of the load of waste disposed of were- (a) the gross vehicle weight of the vehicle at the in-weighbridge prior to the disposal; or (b) if such weight is not recorded, the permitted gross vehicle weight of the vehicle.(3) Without prejudice to his liability for an offence under section 18(1), where any person disposes of waste at a refuse transfer station in contravention of section 4, he shall for each load of waste disposed of pay to the Director charges as if the weight of the load of waste disposed of were- (a) the gross vehicle weight of the vehicle at the in-weighbridge prior to the disposal; or (b) if such weight is not recorded, the permitted gross vehicle weight of the vehicle.(4) The peak hour rate or the non-peak hour rate prescribed in relation to the refuse transfer station concerned in the Schedule shall apply under subsections (1), (2)(a) and (3)(a) depending on whether the vehicle enters the in-weighbridge of the refuse transfer station during peak hours or non-peak hours. (5) The peak hour rate prescribed in the Schedule in relation to the refuse transfer station concerned shall apply under subsections (2)(b) and (3)(b) whether or not the vehicle enters the in-weighbridge of the refuse transfer station during peak hour. Cap 354M s 11 Payment of charges and levy of surcharge (1) The Director shall from time to time issue to the registered account-holder a notice of demand specifying the amount of the charge payable by the registered account-holder for waste disposed of from his registered vehicles at refuse transfer stations during the period specified in the notice. The amount of the charge shall be payable within 30 days from the date of the notice in such manner as may be specified in the notice. (2) Where a charge is not paid as required by subsection (1), a surcharge of 5% of the unpaid charge shall become payable and the total amount of the unpaid charge and surcharge shall be paid within 14 days from the date on which the surcharge becomes payable under this subsection. (3) Where the total amount of unpaid charge and surcharge is not paid as required by subsection (2), the Director may suspend the registration of the registered account-holder and of any vehicle registered in his name, and any vehicle so suspended ceases to be a registered vehicle during the period of suspension. (4) Upon suspension of the registration of any person as a registered account-holder, the Director shall issue to that person a final notice of demand requiring payment within 14 days of its issue of- (a) all charges and surcharges which have not been paid as required by subsection (2); and (b) all other unpaid charges incurred in relation to registered vehicles of that person before the suspension.(5) Where a final notice of demand is settled as required under subsection (4), the Director may, as a condition for restoring the registration of that person, require the registered account-holder to pay such amount as he thinks fit to increase the amount of deposit. (6) Where the final notice of demand is not settled as required under subsection (4)- (a) in the case of any charge under subsection (4)(b) which remains unpaid, a surcharge of 5% of such unpaid charge shall become payable; and (b) the Director may revoke the registration of that person as a registered account-holder. Cap 354M s 12 Deposit (1) A deposit paid under section 6- (a) shall not bear interest; (b) is not transferable; and (c) may, without prejudice to the exercise of any other power under this Regulation, be applied by the Director at any time to the payment of any charge or surcharge.(2) Subject to subsection (1)(c), the Director shall refund to a person the deposit paid by him if that person ceases to be a registered account-holder- (a) upon revocation under section 11(6) or 13; or (b) at the request of that person.(3) The Director may at any time, by notice in writing to a registered account-holder- (a) increase the amount of deposit for his continued registration by such amount as may be specified in the notice; and (b) require the registered account-holder to pay the increase to the Director within such time and in such manner as may be specified in the notice.(4) Subsections (1) and (2) apply to any increased amount of deposit paid by any person for his continued registration under this section or for restoring his registration under section 11(5). Cap 354M s 13 Revocation of registration (1) Without prejudice to section 11, the Director may revoke registration of any person as a registered account-holder if- (a) unacceptable waste has been disposed of from a vehicle registered under the name of that person at a refuse transfer station or any person has attempted to dispose of unacceptable waste from such vehicle at such station; (b) waste has been disposed of at a refuse transfer station from such vehicle in contravention of section 9 or any person has attempted to dispose of waste at such station from such vehicle in contravention of that section; (c) any damage has been caused to any refuse transfer station by such vehicle or any person involved with such vehicle has attempted to cause any damage to such station; (d) where section 11(5) or 12(3) applies, the increased amount of deposit payable for restoring registration of that person or for his continued registration (as the case may be) is not paid as required by that section; (e) a breach of the service conditions has occurred in relation to that person or his registered vehicle; (f) an offence under the Ordinance or this Regulation has been committed by that person or the driver of his registered vehicle or an offence involving the vehicle has been committed under the Ordinance or this Regulation; (g) the continued registration of that person as a registered account-holder is, in the opinion of the Director, prejudicial to the operation of any refuse transfer station; (h) he fails to notify any change in the amount or nature of waste or in other particulars, information or supporting materials as required by section 6(6); or (i) no charge has been incurred in relation to that person under this Regulation for a continuous period of 12 months and he does not, within 28 days of a request by the Director in writing to do so, indicate his desire to maintain the registration.(2) The Director shall, within 14 days of his decision to do so and by notice in writing, inform the person whose registration is revoked by the Director under section 11 or this section of the fact of, and reason for, the revocation. Cap 354M s 14 Director may appoint designated officers (1) The Director may in writing appoint any public officer, any person employed by a station operator, any contractor (other than a station operator) or any person employed by such contractor, to be a designated officer for the purposes of this Regulation. (2) A designated officer may collect on behalf of the Director any charge, surcharge or deposit payable to the Director under this Regulation and payment of such charge, surcharge or deposit made to a designated officer on behalf of the Director shall be a sufficient discharge of the obligation in respect of such payment. Cap 354M s 15 Charge or surcharge recoverable as a civil debt A charge or surcharge payable under this Regulation shall be recoverable by the Director as a civil debt due to the Government. Cap 354M s 16 Exemption of charge (1) No charge shall be payable under this Regulation in respect of waste collected by or on behalf of the Director of Food and Environmental Hygiene or the Director of Leisure and Cultural Services. (2) Where any person claims the waste he disposes of or intends to dispose of at a refuse transfer station is, by virtue of subsection (1), not chargeable under this Regulation, the Director may require him to produce such evidence as may be reasonably necessary for establishing that the waste is collected by or on behalf of the Director of Food and Environmental Hygiene or the Director of Leisure and Cultural Services. (L.N. 183 of 2000) Cap 354M s 17 Notice, etc. given by the Director (1) Any notice or other document required or authorized to be given under this Regulation may be given by the Director- (a) by delivering it personally to the person to whom it is to be given; (b) by sending it by post to the last known address of the person to whom it is to be given.(2) Notwithstanding subsection (1), where a notice is of general application to registered account-holders, the notice may be given by- (a) publishing it in an English language newspaper and a Chinese language newspaper circulating in Hong Kong; and (b) posting it in a conspicuous place at the refuse transfer stations to which the notice relates. Cap 354M s 18 Offences and penalties (1) Any person who contravenes section 4 commits an offence and is liable to a fine at level 6. (2) Any person who knowingly or recklessly provides, for the purpose of section 5 (subsection (3)(b) excepted), incorrect or misleading information or knowingly or recklessly certifies for such purpose as correct anything which is incorrect commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. Cap 354M SCHEDULE [sections 3 & 10] CHARGES FOR DISPOSAL OF WASTE AT REFUSE TRANSFER STATIONS Charge for load of waste Item Refuse transfer station Particular Peak hours Non-peak hours 1. Island East Transfer Station at 10 Sun Yip Street, Chai Wan, Hong Kong. (Boundary delineated in Drawing number 7A/A/001 Rev. D) (a) For each load of 1 tonne or less (b) For each load of more than 1 tonne (c) For each load of waste in respect of which the Director is of the opinion that- (i) it is impracticable to ascertain the actual weight of the load; or (ii) to ascertain the actual weight of the load will cause public health problems $40 $0.40 per 0.01 tonne or part thereof $40 $40 $0.40 per 0.01 tonne or part thereof $40 2. West Kowloon Transfer Station at GLA-NK564, East of the Container Port Road South, Near Stone Cutters Island, West Kowloon (Boundary delineated in Drawing number 90364/TEN/01 Rev. D) (a) For each load of 1 tonne or less (b) For each load of more than 1 tonne (c) For each load of waste in respect of which the Director is of the opinion that- (i) it is impracticable to ascertain the actual weight of the load; or (ii) to ascertain the actual weight of the load will cause public health problems $30 $0.30 per 0.01 tonne or part thereof $30 $30 $0.30 per 0.01 tonne or part thereof $30 3. North Lantau Transfer Station at PLA No. TW 353, Siu Ho Wan, North Lantau, N.T. (Boundaries delineated in Plan number NANTA 80-A) (a) For each load of 1 tonne or less (b) For each load of more than 1 tonne (c) For each load of waste in respect of which the Director is of the opinion that- (i) it is impracticable to ascertain the actual weight of the load; or (ii) to ascertain the actual weight of the load will cause public health problems (L.N. 251 of 1998) $110 $1.10 per 0.01 tonne or part thereof $110 $110 $1.10 per 0.01 tonne or part thereof $110 4. Island West Transfer Station at 88 Victoria Road, Kennedy Town, Western District, Hong Kong (Boundaries delineated in Drawing number 90833/SP15/04) (a) For each load of 1 tonne or less $40 $40 (b) For each load of more than 1 tonne $0.40 per 0.01 tonne or part thereof $0.40 per 0.01 tonne or part thereof (c) For each load of waste in respect of which the Director is of the opinion that- $40 $40 (i) it is impracticable to ascertain the actual weight of the load; or (ii) to ascertain the actual weight of the load will cause public health problems (L.N. 56 of 2001) 5. Northwest New Territories Transfer Station at Shung Tat Street, Yuen Long, N.T. (Boundaries delineated in Plan number TM 3791-Db) (a) For each load of 1 tonne or less (b) For each load of more than 1 tonne (c) For each load of waste in respect of which the Director is of the opinion that- (i) it is impracticable to ascertain the actual weight of the load; or (ii) to ascertain the actual weight of the load will cause public health problems (L.N. 119 of 2002) $38 $0.38 per 0.01 tonne or part thereof $38 $38 $0.38 per 0.01 tonne or part thereof $38 6. Outlying Islands Transfer Facilities-Ma Wan Station at Pak Wan, Ma Wan, N.T., adjoining Sewage Treatment Plant (Boundaries delineated in Plan number TWA 1058-E) (a) For each load of 1 tonne or less (b) For each load of more than 1 tonne (c) For each load of waste in respect of which the Director is of the opinion that- (i) it is impracticable to ascertain the actual weight of the load; or (ii) to ascertain the actual weight of the load will cause public health problems (L.N. 119 of 2002) $68 $0.68 per 0.01 tonne or part thereof $68 $68 $0.68 per 0.01 tonne or part thereof $68 (L.N. 56 of 2001)
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