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To provide for the control and regulation of the production, storage, collection and disposal including the treatment, reprocessing and recycling of waste of any class or description, the licensing and registration of places and persons connected with any such activity, the protection and safety of the public in relation to any such activity and to provide for matters incidental thereto. (Replaced 86 of 1991 s. 2) [Parts I, III and VI Part V (other than sections 21(2) and 22(2) Part VII (other than sections 33, 35 and 36(2) to (6)) } } } 19 May 1980 L.N. 112 of 1980 Sections 33 and 35 } 1 May 1985 L.N. 119 of 1985 Part II } 2 June 1989 L.N. 163 of 1989 Part IV and sections 21(2), 22(2) and 36(2), (3), (4), (5)and (6) } 1 May 1992 L.N. 118 of 1992] (Originally 8 of 1980) Cap 354 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Waste Disposal Ordinance. (2) (Omitted as spent) Cap 354 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "analyst" (化验师) means the Government Chemist or any person appointed by the Governor under section 23E(5); (Added 58 of 1987 s. 2) "animal waste" (动物废物) means- (a) the manure or urine of any animal; or (b) any dead animal or any part of any dead animal not fit for, or not intended for, human consumption; or (c) any bedding, straw or other waste contaminated by the manure or urine of any animal; (Replaced 58 of 1987 s. 2)"authorized officer" (获授权人员) means a public officer authorized under section 23A; (Added 58 of 1987 s. 2) "chemical waste" (化学废物) means any substance, matter or thing defined as chemical waste by regulations made under section 33; (Added 86 of 1991 s. 3) "Code of Practice" (工作守则) means any Code of Practice prepared or revised by the Secretary under section 35; (Added 58 of 1987 s. 2. Amended L.N. 244 of 1989; 78 of 1999 s. 7) "collection authority" (废物收集当局) means- (a) in relation to chemical waste, the Director; (b) in relation to any other waste, means the Director of Food and Environmental Hygiene and the Director; (Replaced 78 of 1999 s. 7. Amended L.N. 183 of 2000)"Director" (署长) means the Director of Environmental Protection; (Added L.N. 74 of 1986) "disposal" (处置) in relation to chemical waste includes treatment, reprocessing or recycling; (Added 86 of 1991 s. 3) "enlarged area" (放大区) means those parts of- (a) a livestock waste prohibition area; (b) a livestock waste control area; or (Amended 28 of 1994 s. 2) (c) a livestock waste restriction area, (Added 28 of 1994 s. 2)specified in the third column of the Third Schedule by reference to maps identified therein and signed by the Director, an officer of the Environmental Protection Department not below the rank of Environmental Protection Officer or a Chief Environmental Protection Inspector and deposited with the Land Registry, which abut or share a common boundary with one or more livestock waste control areas or one or more livestock waste restriction areas; (Added 58 of 1987 s. 2. Amended 28 of 1994 s. 2)"exempt person" (获豁免的人) means any person or any classes of person specified in the Fourth Schedule; (Added 58 of 1987 s. 2) "household waste" (住户废物) means waste produced by a household, and of a kind that is ordinarily produced by a dwelling when occupied as such; "keep" (饲养) includes breed, house, tend, look after or control and "kept" and "keeping" shall be construed accordingly; (Added 58 of 1987 s. 2) "lairage" (围栏) means that part of a slaughterhouse or abattoir used for the admission or confinement of animals; (Added 58 of 1987 s. 2) "livestock" (禽畜) means pigs or poultry; (Added 58 of 1987 s. 2) "livestock keeper" (禽畜饲养人) means- (a) an owner of livestock; or (b) an owner, lessee or occupier or person responsible for the management of livestock premises; or (c) any person keeping livestock or having the custody or possession of livestock; or (d) any former livestock keeper,but does not comprise exclusively any exempt person; (Added 58 of 1987 s. 2) "livestock premises" (禽畜饲养场) means- (a) any premises, buildings, land or land covered by water owned, leased or occupied by a livestock keeper, his dependants or employees for the purpose of keeping livestock and any dwelling-place and ancillary buildings or structures connected therewith; (b) any other premises in or on which livestock are kept other than any premises comprising any abattoir, slaughter-house, market, fresh provision shop, lairage or hatchery in which poultry of not more than 12 days old are kept; and (c) any former livestock premises; (Added 58 of 1987 s. 2)"livestock waste" (禽畜废物) means, subject to section 2A, animal waste produced by, or connected with, livestock; (Added 58 of 1987 s. 2. Amended 28 of 1994 s. 2) "livestock waste control area" (禽畜废物管制区) means a livestock waste control area specified in the second column of the Second Schedule by reference to maps identified therein and signed by the Director, an officer of the Environmental Protection Department not below the rank of Environmental Protection Officer or a Chief Environmental Protection Inspector and deposited with the Land Registry; (Added 58 of 1987 s. 2. Amended 28 of 1994 s. 2) "livestock waste prohibition area" (禽畜废物禁制区) means a livestock waste prohibition area specified in the second column of the First Schedule by reference to maps identified therein and signed by the Director, an officer of the Environmental Protection Department not below the rank of Environmental Protection Officer or a Chief Environmental Protection Inspector and deposited with the Land Registry; (Added 58 of 1987 s. 2. Amended 28 of 1994 s. 2) "livestock waste restriction area" (禽畜废物限制区) means a livestock waste restriction area specified in column 2 of the Fifth Schedule by reference to maps identified therein and signed by the Director, an officer of the Environmental Protection Department not below the rank of Environmental Protection Officer or a Chief Environmental Protection Inspector and deposited with the Land Registry; (Added 28 of 1994 s. 2) "livestock waste treatment plant" (禽畜废物处理装置) means a waste treatment plant at which livestock waste is treated by biological, chemical, physical or other means or any combination thereof in accordance with regulations made under section 33; (Added 58 of 1987 s. 2) "poultry" (家禽) means chickens, ducks, geese, pigeons and quail; (Added 58 of 1987 s. 2) "relevant date" (有关日期) means- (a) in the case of a livestock waste prohibition area, the date shown in the third column of the First Schedule in respect of that area; or (b) in the case of a livestock waste control area, the date shown in the third column of the Second Schedule in respect of that area; (Added 58 of 1987 s. 2)"Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Added 78 of 1999 s. 7. Amended L.N. 106 of 2002) "slaughterhouse" (屠房) and "abattoir" (屠场) has the meaning assigned to it in the Public Health and Municipal Services Ordinance (Cap 132); (Added 58 of 1987 s. 2) "street waste" (街道废物) means dust, dirt, rubbish, mud, road scapings or filth, but does not include human excretal matter; "trade waste" (行业废物) means waste from any trade, manufacture or business, or any waste building or civil engineering materials, but does not include animal waste and chemical waste; (Amended 86 of 1991 s. 3) "waste" (废物) means any substance or article which is abandoned and includes animal waste, chemical waste, household waste, livestock waste, street waste and trade waste; (Amended 86 of 1991 s. 3) "waste collection licence" (废物收集牌照) means a licence under section 10; "waste disposal authority" (废物处置当局), in respect of all classes of waste, means the Director; (Replaced L.N. 74 of 1986) "waste disposal licence" (废物处置牌照) means a licence under section 16; "waste treatment plant" (废物处理装置) means a plant at which waste is treated for the purpose of removing therefrom (wholly or in part) pollutants contained therein. (Added 58 of 1987 s. 2) (Amended 78 of 1999 s. 7)(2) For the purposes of this Ordinance any substance or article which is discarded or otherwise dealt with as waste shall be presumed to be waste until the contrary is proved. Cap 354 s 2A Offences In any proceeding for an offence under this Ordinance or any regulation made under section 33, livestock waste means any waste generated or produced in or on livestock premises or any premises where livestock have been kept at any time within 60 days before the waste escapes or is discharged therefrom. (Added 28 of 1994 s. 3) Cap 354 s 3 Preparation of draft waste disposal plans PART II WASTE DISPOSAL PLAN (1) The Secretary shall, after consultation with the Advisory Council on the Environment, and having regard to that Council's views, prepare draft plans showing- (Amended L.N. 165 of 1984; 8 of 1986 s. 8; L.N. 57 of 1994) (a) the arrangements made or proposed to be made for the collection and disposal of- (i) all solid and semi-solid wastes other than those which may be discharged into the atmosphere as particulates or discharged into water as solids suspended in effluents; and (ii) such other wastes, or classes of waste, as may be prescribed; and(b) all existing and proposed waste disposal sites and the methods of waste disposal used or to be used at each site.(2) Where the Secretary has prepared a draft waste disposal plan under subsection (1) he shall publish in the Gazette a notice in English and in Chinese- (a) giving particulars of the places and times at which a copy of the draft plan may be inspected by the public; and (b) specifying the time within which and the manner in which representations concerning the draft plan may be made.(3) Where the Secretary publishes a notice under subsection (1) he shall not later than 7 days thereafter publish a copy of the notice in 3 issues of 1 English language and of 2 Chinese language newspapers. (4) A copy of the draft plan shall be available for inspection by the public free of charge at such offices of the Government as the Secretary thinks fit for a period of 45 days from the date of publication of a notice under subsection (1) and during the hours when those offices are normally open to the public. (5) The Secretary shall supply a copy of the draft plan upon payment of such fee as may be prescribed. (Amended L.N. 244 of 1981; L.N. 370 of 1981; L.N. 18 of 1983; L.N. 244 of 1989; L.N. 57 of 1994; 78 of 1999 s. 7) Cap 354 s 4 Representations concerning draft waste disposal plan (1) Any person wishing to make representations concerning a draft waste disposal plan may, within a period of 45 days from the date of publication of a notice under section 3(2), submit to the Secretary his written representations. (2) The Secretary shall consider such representations and may make any change to the draft plan which he considers appropriate in consequence of the representations. (Amended L.N. 244 of 1981; L.N. 370 of 1981; L.N. 18 of 1983; L.N. 244 of 1989; 78 of 1999 s. 7) Cap 354 s 5 Submission of draft waste disposal plan to Governor in Council The Secretary shall, within 12 months from the last day of the period during which representations may be made, submit the draft waste disposal plan to the Governor in Council for approval and shall at the same time submit- (Amended 78 of 1999 s. 7) (a) a schedule of representations made under section 4; and (b) a schedule of the changes made by him to the draft waste disposal plan in consequence of the representations. (Amended L.N. 244 of 1981; L.N. 370 of 1981; L.N. 18 of 1983; Amended L.N. 244 of 1989) Cap 354 s 6 Power of Governor in Council upon submission of draft waste disposal plan (1) Upon submission of a draft waste disposal plan under section 5, the Governor in Council shall- (a) approve the draft plan; (b) refuse to approve it; or (c) refer it back to the Secretary for further consideration and amendment.(2) Where the Governor in Council has either approved or refused to approve a draft waste disposal plan, the Secretary shall as soon as possible after such approval or refusal give notice thereof in the Gazette of such approval or refusal; and where the draft plan has been approved he shall also publish in the Gazette a notice declaring the plan to be a waste disposal plan. (3) A copy of any waste disposal plan shall be available for inspection by the public free of charge at such offices of the Government as the Secretary thinks fit during the hours when the offices are normally open to the public. (4) The Secretary shall supply a copy of any waste disposal plan upon payment of such fee as may be prescribed. (Amended L.N. 244 of 1981; L.N. 370 of 1981; L.N. 18 of 1983; L.N. 244 of 1989; 78 of 1999 s. 7) Cap 354 s 7 Revision of waste disposal plans The Secretary may from time to time revise any waste disposal plan and sections 3, 4, 5 and 6 shall apply to any revision in like manner as they apply to a waste disposal plan. (Amended L.N. 244 of 1981; L.N. 370 of 1981; L.N. 18 of 1983; L.N. 244 of 1989; 78 of 1999 s. 7) Cap 354 s 8 Collection authorities and waste disposal authorities to have regard to waste disposal plans In discharging their duties and functions under this Ordinance, the collection authorities and the waste disposal authorities shall have regard to the waste disposal plans. Cap 354 s 9 Provision of collection and scavenging services PART III COLLECTION OF WASTE Subject to this Part, the collection authority may provide services for- (a) the removal and disposal of household waste, street waste, trade waste, livestock waste and animal waste; (Amended 58 of 1987 s. 3) (b) the cleansing and emptying of pail latrines; (c) the desludging of aqua privies and septic tanks; and (d) the removal and disposal of excretal matter from such latrines, privies and tanks. Cap 354 s 10 Licensing of collection and scavenging services (1) Notwithstanding section 9, the collection authority may, by licence, permit any person to provide services for all or any of the matters referred to in that section. (2) A licence under subsection (1) may specify the place and method of disposal or may require that any waste or matter for disposal be delivered to facilities provided by the collection authority or the waste disposal authority. (3)-(4) (Repealed 78 of 1999 s. 7) (5) The Director as collection authority may by licence permit any person to provide services for the collection or removal of chemical waste. (Added 86 of 1991 s. 4) (6) The fee for a licence referred to in subsection (1) or (5) and in respect of which the Director is the collection authority shall be the prescribed fee. (Added 86 of 1991 s. 4) Cap 354 s 11 Prohibition of unauthorized collection of waste Subject to section 12, where in any area, the collection authority has provided any services under section 9 or has, by licence under section 10, permitted any other person to provide any of the services specified in section 9, any person who, not being the holder of a licence under section 10, provides any such services, that is to say any service provided by the collection authority under section 9 or referred to in section 10(5) or by any other person under a licence under section 10, commits an offence and is liable to a fine of $100000. (Amended 86 of 1991 s. 5) Cap 354 s 12 Occupier of building may remove household waste in certain circumstances (1) Notwithstanding section 11, it shall not be an offence under that section for an occupier of any building, or any person responsible for the management of any building, to remove household waste from any building if- (a) the collection authority or any person holding a waste collection licence neglects or fails for a period of 48 hours to remove household waste for any building in respect of which the authority or person provides that service under section 9 or 10; or (b) no such service for the removal of household waste is provided by a collection authority or a person holding a waste collection licence.(2) Any waste removed under subsection (1) may be disposed of in any way permitted by law. (3) Nothing in this section shall derogate from any regulations made under section 15 of the Public Health and Municipal Services Ordinance (Cap 132). (Amended 10 of 1986 s. 32(1)) Cap 354 s 13 Collection of trade waste, livestock waste or animal waste and removal of livestock waste and animal waste (1) If the collection authority is requested by the owner or occupier or person responsible for the management of any building or land to remove any trade waste, livestock waste or animal waste, the collection authority may remove it, and may recover from the person requesting the removal a fee not exceeding the cost of removal and disposal. (2) The collection authority may by notice served on the owner or occupier or person responsible for the management of any stable, cow-house, pigsty, kennel, poultry farm or similar establishment require the removal from the premises of livestock waste, animal waste, bedding, straw or other waste. (3) If, where a notice has been served under subsection (2), any person, who is required by the notice to remove any livestock waste, animal waste, bedding, straw or other waste from any premises specified in the notice, fails to comply with that requirement, he commits an offence and is liable to a fine of $50000 and, in addition, if the offence is a continuing offence to a fine of $10000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 28 of 1994 s. 4) (Amended 58 of 1987 s. 4) Cap 354 s 14 Property in collected waste, etc. All household waste, street waste, trade waste, livestock waste, animal waste and any matter obtained from the cleansing and emptying of pail latrines and the desludging of aqua privies and septic tanks, collected by the collection authority in the operation of any service provided under section 9 or section 13 or collected by a person licensed by a collection authority under section 10 shall be the property of the Government and may be sold or disposed of by the collection authority in a manner that authority thinks fit. (Amended L.N. 67 of 1985; 8 of 1986 s. 8; 58 of 1987 s. 5; 78 of 1999 s. 7) Cap 354 s 15 Prohibiting livestock PART IIIA CONTROL OF LIVESTOCK WASTE (1) No person (other than an exempt person) shall keep livestock in or on any premises in a livestock waste prohibition area specified in the second column of the First Schedule after the relevant date specified opposite thereto in the third column thereof. (2) Any person who contravenes subsection (1) commits an offence and is liable- (a) for a first offence, to a fine of $100000; or (b) for a second or subsequent offence, to a fine of $200000; and (c) in addition, if the offence is a continuing one, to a fine of $5000 for each day on which it is proved to the satisfaction of the court that the offence has continued. (Amended 28 of 1994 s. 5) Cap 354 s 15A Livestock waste controls (1) No person (other than an exempt person) shall keep livestock in or on any premises in a livestock waste control area specified in the second column of the Second Schedule after the relevant date specified opposite thereto in the third column thereof unless that person complies with regulations made under section 33 in relation to the collection, storage, treatment and disposal of livestock waste generated or produced in or on livestock premises. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $50000 and, in addition, if the offence is a continuing offence to a fine of $5000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 28 of 1994 s. 6) Cap 354 s 15AA Livestock waste restriction area (1) No person (other than an exempt person) shall keep livestock in or on any premises in a livestock waste restriction area specified in column 2 of the Fifth Schedule after the relevant date specified opposite thereto in column 3 thereof unless- (a) he is authorized in writing so to do by the Director; or (b) he holds a valid licence so to do issued by the Director of Agriculture, Fisheries and Conservation under the Public Health (Animals and Birds) Ordinance (Cap 139), (Amended L.N. 331 of 1999)and he complies with regulations made under section 33 in relation to the collection, storage, treatment and disposal of livestock waste generated or produced in or on livestock premises. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $100000 and, in addition, if the offence is a continuing offence to a fine of $5000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Added 28 of 1994 s. 7) Cap 354 s 15B Compensation for seizure of livestock Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) Where any livestock is seized- (a) in respect of an alleged contravention of section 15A(1) or 15AA and no person is subsequently convicted of an offence under that section in relation to that livestock; or (Amended 28 of 1994 s. 8; 80 of 1997 s. 102) (b) in contravention of section 15E(1),and whether or not such livestock is subsequently released to the owner of the livestock or the livestock keeper (other than the owner) on the order of a magistrate or otherwise, the owner or person in lawful possession of that livestock may within 6 months of such seizure or later criminal proceedings (if any) apply to the District Court or the Court of First Instance for compensation for any loss arising out of the seizure, which loss shall be recoverable as a civil debt due from the Government, and such application may be begun by motion. (Amended 25 of 1998 s. 2) (2) An award of compensation under subsection (1) shall be an award of such sum, if any, as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of- (a) the owner of the livestock; (b) the livestock keeper (other than the owner); (c) the person in charge of the livestock premises in or on which the livestock was kept at the time of seizure; and (d) the Director and any authorized officers concerned. Cap 354 s 15C Forfeiture of livestock (1) A court which convicts any person of an offence under section 15, 15A or 15AA may, in addition to any other order that it makes, order the forfeiture of any livestock in respect of which the offence is committed. (2) Where livestock in respect of which a person is convicted of an offence under section 15, 15A or 15AA is sold or otherwise disposed of, whether under section 15D(2) or otherwise, a court which subsequently convicts any person who is the owner of the livestock of an offence under section 15, 15A or 15AA may order- (a) in the case of a sale under section 15D(2), the forfeiture of a sum of money equal to the balance referred to in section 15D(3); and (b) in any other case, the forfeiture of a sum of money equal to the value of the livestock at the time of its disposal. (Amended 28 of 1994 s. 9) Cap 354 s 15D Seizure of livestock (1) Subject to section 15E, the Director may seize, detain and dispose of any livestock that he has reasonable cause to suspect is being kept in contravention of section 15, 15A or 15AA. (Amended 28 of 1994 s. 10) (2) Subject to subsection (4), where livestock is seized under subsection (1) the livestock may be sold by the Director, whether or not any person is prosecuted for, or convicted of, an offence under section 15, 15A or 15AA, and the proceeds of sale dealt with under subsection (3). (Amended 28 of 1994 s. 10) (3) Where livestock is sold under subsection (2) the proceeds of sale shall be used to pay any costs incurred in the seizure, detention and sale and the balance (if any)- (a) shall be paid to the person who- (i) submits in writing to the Director within 28 days of the sale a claim to such livestock; and (ii) proves to the satisfaction of the Director that he was the owner of the livestock at the time it was seized; or(b) where it is not paid under paragraph (a), shall be forfeited unless, within 2 months of the sale, a court otherwise orders upon an application made by the Director or any person who has an interest in the livestock.(4) Where livestock seized under subsection (1) is of no commercial value or the sale of the livestock is for any reason not considered by the Director to be practicable the Director may order the livestock to be destroyed or otherwise disposed of in such manner as he thinks fit. Cap 354 s 15E Restriction on seizure of livestock (1) The Director shall not under section 15D(1) seize any livestock that he has reasonable cause to suspect is being kept in contravention of section 15A(1) or 15AA unless he has first served on the owner of the livestock or the livestock keeper (other than the owner) notice of intended seizure in a form which the Director may specify and obtained a warrant issued by a magistrate under subsection (2) for that purpose. (Amended 28 of 1994 s. 11) (2) A magistrate may issue a warrant to the Director to seize livestock that the Director has reasonable cause to suspect is being kept in contravention of section 15A(1) or 15AA if the magistrate is satisfied by information on oath that there are reasonable grounds for seizing that livestock. (Amended 28 of 1994 s. 11) (3) Where the Director seizes any livestock in accordance with a warrant issued under subsection (2) he shall, if required, produce that warrant. (4) A notice under subsection (1) of intended seizure of any livestock shall state- (a) the grounds upon which the Director seeks to rely in reasonably suspecting that that livestock is being kept in contravention of section 15A(1) or 15AA; and (Amended 28 of 1994 s. 11) (b) the date on which the Director intends to apply to a magistrate for a warrant to seize that livestock being a date not less than 7 clear days following service of the notice.(5) A notice under subsection (1) of intended seizure of any livestock shall be deemed to have been duly served on the owner of the livestock or the livestock keeper (other than the owner) if it- (a) is delivered to him, or to the person whom the Director believes to be the owner or the livestock keeper; or (b) is sent by recorded delivery to the livestock premises in or on which the livestock the subject of the intended seizure is kept.(6) The magistrate shall, before issuing a warrant under subsection (2), give the owner of the livestock or the livestock keeper (other than the owner) if present before him the opportunity of addressing him on the reasonableness or otherwise of the grounds relied upon by the Director under subsection (4)(a). (Part IIIA added 58 of 1987 s. 7) Cap 354 s 15F Director may grant written authorization (1) The Director may authorize in writing any person to keep livestock in or on any premises in a livestock waste restriction area if he is satisfied that- (a) the premises have been continuously used for livestock keeping for at least 12 months before the commencement of section 2 of the Waste Disposal (Amendment) Ordinance 1994 (28 of 1994); and (b) no ex gratia payment for cessation of livestock keeping in or on the premises has been made by the Government.(2) Any person may apply to the Director for a grant to him of an authorization under subsection (1). (3) The Director may require the person making the application to furnish any relevant information and documents of any class or description before deciding whether or not to grant the authorization. (4) The Director may, after he has received a written application made under subsection (2) and any relevant information and documents he had required under subsection (3)- (a) grant a written authorization to the applicant; or (b) serve a notice on the applicant notifying him that the Director has decided to refuse to grant a written authorization to him.(5) If the Director is satisfied that a person authorized under subsection (1) is no longer keeping livestock in or on the premises on which he is authorized to keep livestock, he may revoke the written authorization by serving a notice of revocation on that person. (6) For the purposes of this section- (a) a notice under subsection (4)(b) is duly served if it is served personally on the applicant or sent by registered post to his last known address; (b) a notice under subsection (5) is duly served if it is served personally on the authorized person or his employee, or is sent by registered post to the authorized person's last known address, or is left with any occupier over the age of 18 years of the relevant premises. (Added 28 of 1994 s. 12) Cap 354 s 15G Notification of livestock waste pollution PART IIIB NOTIFICATION OF POLLUTION ARISING FROM LIVESTOCK WASTE (1) Where in the opinion of the Director pollution to the environment by livestock waste generated or produced in or on livestock premises exists or is imminent, the Director may notify in writing the livestock keeper of the livestock premises of the existence or imminence of such pollution. (2) The Director may, in a notice under subsection (1), direct the livestock keeper to- (a) comply with any standard or limit contained in any relevant Code of Practice; (b) cease the use of or remove any plant, machinery, vehicle, or equipment which in the opinion of the Director is used in an improper manner or improper for the collection, storage, treatment, transportation or disposal of waste, and to implement any remedial measures as may be specified in the notice; (c) restore the proper operation of any plant, machinery, vehicle, equipment or process for the collection, storage, treatment, transportation or disposal of waste, or maintain such plant, machinery, vehicle or equipment, in a proper manner as specified in the notice; (d) acquire and use proper and sufficient plant, machinery, vehicles or equipment for the collection, storage, treatment, transportation or disposal of waste as specified in the notice; (e) cease any procedure used for the collection, storage, treatment, transportation or disposal of waste as specified in the notice; and (f) take such other appropriate measures for the purpose of preventing or mitigating pollution as are specified in the notice,within a specified period. (3) A notice issued under subsection (1) shall specify a reasonable period of time for the livestock keeper to comply with its directions. (4) The Director may issue any such supplementary notice as may be necessary to vary or add to the directions of a previous notice. (5) A notice is duly served if it is served personally on the livestock keeper or his employee, or is sent by registered post to the livestock keeper's last known address, or is left with any occupier over the age of 18 years of the livestock premises. (6) Any person who without reasonable excuse fails to comply with the directions of a notice issued under this section commits an offence and is liable to a fine of $50000 in the case of a first offence and a fine of $100000 in the case of a second or subsequent offence and, in addition, if the offence is a continuing offence to a fine of $10000 for each day or part of a day on which it is proved to the satisfaction of the court that the offence has continued. (Added 28 of 1994 s. 13) Cap 354 s 16 Prohibition of unauthorized disposal of waste PART IV DISPOSAL OF WASTE (1) Subject to subsection (2), a person shall not use, or permit to be used, any land or premises for the disposal of waste unless he has a licence from the Director to use the land or premises for that purpose. (Amended L.N. 76 of 1982; L.N. 74 of 1986; 86 of 1991 s. 6) (2) Subsection (1) shall not apply to the use of land for- (a) the disposal of household waste from a private dwelling if the disposal takes place within the curtilage of that dwelling; (b) the disposal of waste if the land is used for tipping by the Civil Engineering and Development Department or such use is authorized by the Director; (Amended L.N. 76 of 1982; L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004) (c) the deposit of any inert matter used as landfill (other than any matter to which the Dangerous Goods Ordinance (Cap 295) applies or that is toxic); (d) the deposit of any substance (other than chemical waste) which is being used in the course of agricultural or horticultural operations; (Amended 86 of 1991 s. 6) (e) the disposal of such other wastes, or classes of waste, or in such circumstances as may be prescribed.(3) Any person who contravenes subsection (1) commits an offence. (4) Where waste other than chemical waste is disposed of on unleased land, as defined in the Land (Miscellaneous Provisions) Ordinance (Cap 28), pursuant to a licence issued under section 5 of that Ordinance, no licence under subsection (1) shall be required. (Amended 86 of 1991 s. 6; 29 of 1998 s. 68) Cap 354 s 16A Unlawful depositing of waste Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 69 (1) Any person who without lawful authority or excuse deposits or causes or permits to be deposited any waste- (a) in a public place; (b) on any Government land; or (c) on any land other than Government land without the consent of the owner or occupier,commits an offence. (Amended 29 of 1998 s. 69) (2) In this section "Government land" (政府土地) means unleased land as defined in the Land (Miscellaneous Provisions) Ordinance (Cap 28). (Replaced 29 of 1998 s. 69) (Added 28 of 1994 s. 14) Cap 354 s 17 Notice to be given of prescribed wastes (1) Any person having in his possession waste of a class, quantity or other description as may be prescribed, shall- (a) before complying with any requirement imposed by regulations made under section 33(1)(ha); and (b) unless such waste has been exempted by regulations made under section 33(1),give notice to the Director regarding such waste in such form as may be specified by the Director by notice published in the Gazette. (2) The Director may give directions in writing to any person who is required to give notice under subsection (1), regarding the disposal of any waste in respect of which he is required to give such notice. (3) Directions under subsection (2) may be- (a) in addition to; (b) in substitution for; or (c) in variation of,any requirement imposed by regulations made under section 33(1)(ha) and in any particular case those regulations shall apply subject to any directions given in respect of such case. (4) Any person who fails to- (a) give notice to the Director as required under this section; or (b) comply with any direction given under this section,commits an offence. (Replaced 86 of 1991 s. 7) Cap 354 s 18 Penalties for offences under sections 16, 16A and 17 and defences (1) Any person who commits an offence under section 16 or 16A is liable- (a) for the first offence, to a fine of $200000 and to imprisonment for 6 months; (b) for a second or subsequent offence, to a fine of $500000 and to imprisonment for 6 months; and (c) in addition, if the offence is a continuing offence to a fine of $10000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 28 of 1994 s. 15)(1A) Any person who commits an offence under section 17 is liable- (a) for the first offence, to a fine of $100000; (b) for a second or subsequent offence, to a fine of $200000 and to imprisonment for 6 months; and (c) in addition, if the offence is a continuing offence to a fine of $10000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Added 28 of 1994 s. 15)(2) A person does not commit an offence under section 16, 16A or 17 if he proves that the waste was disposed of in an emergency to avoid danger to the public and as soon as was reasonably practicable he informed the Director thereof in writing. (Amended L.N. 76 of 1982; L.N. 74 of 1986; 28 of 1994 s. 15) Cap 354 s 19 Information as to waste delivered for disposal (1) The Director may require any person who delivers to him for disposal any waste (other than household waste) to state the nature of the waste and to give such other information relating to the waste as the Director may require. (Amended L.N. 76 of 1982; L.N. 74 of 1986) (2) Any person who, in complying with a requirement under subsection (1) makes any statement or gives any information which he knows to be incorrect in a material particular or who recklessly makes a statement or gives information which is incorrect in a material particular or knowingly omits any material particular therefrom commits an offence and is liable to a fine of $5000. Cap 354 s 20 (Repealed 14 of 1995 s. 2) Cap 354 s 20A Permit required for the import of waste into Hong Kong PART IVA CONTROL OF MOVEMENT OF WASTE INTO AND OUT OF HONG KONG (1) The import into Hong Kong of- (a) any waste of a kind specified in the Sixth Schedule, unless the waste is uncontaminated and is imported for the purpose of a reprocessing, recycling or recovery operation or the reuse of the waste; or (b) any waste of a kind specified in the Seventh Schedule, or not specified in the Sixth Schedule,requires a permit issued by the waste disposal authority under this section. (2) An application for a permit under this section- (a) shall be in the form that the waste disposal authority directs specifying- (i) the reason for the proposed waste import; (ii) the name and address of the importer of the waste; (iii) the name and address of the waste producer; (iv) the name and address of the disposer of the waste; (v) the address of the waste disposal or reuse facility to be used; (vi) the name and address of every intended carrier of the waste or his agent; (vii) the names of the states of export and transit and their competent authorities; (viii) whether the permit is for a single shipment or multiple shipments; (ix) the projected date of each shipment and the period of time over which waste is to be imported; (x) the mode of transportation envisaged; (xi) a physical description of the waste and its composition and information on any special handling requirements; (xii) the type of packaging envisaged; (xiii) the estimated quantity by weight or volume of waste to be imported; (xiv) details of the process by which and place at which the waste was or is being generated; (xv) a description of the method of disposal or reuse; and (xvi) such other information as the waste disposal authority may reasonably require to determine whether or not to issue a permit; and(b) shall be accompanied by- (i) documents confirming the contractual arrangements, if any, for the disposal or reuse of the waste; (ii) a contingency plan showing the procedures to be followed in case of accident; (iii) documents confirming the existence of the liability insurance and bond or other financial guarantee mentioned in subsection (4)(b); and (iv) the prescribed fee.(3) The waste disposal authority may either issue, with or without conditions, or refuse to issue a permit for the import of the waste, and shall notify the applicant of his decision and, in the case of refusal, the reasons for such refusal. (4) The waste disposal authority shall not issue a permit under this section for the import of any waste unless he is satisfied- (a) that the waste will be managed in Hong Kong in accordance with the laws of Hong Kong and in an environmentally sound manner; (b) that there is in force, or there will be in force at the time of the import of the waste- (i) liability insurance to cover claims arising out of damage to human health, property and the environment which may result from the import operation; and (ii) a bond, or other financial guarantee acceptable to the waste disposal authority, providing for payment to the waste disposal authority of the cost of any seizure or disposal of the waste under section 20F that may occur; and(c) in the case of waste to be imported other than for the purpose of reuse or a reprocessing, recycling or recovery operation, that- (i) the state of export does not have the facilities, capacity or disposal sites that would allow disposal of the waste in an environmentally sound manner; or (ii) the import of the waste is for a purpose which the waste disposal authority considers necessary or desirable in the interests of the environmentally sound and efficient management of the waste disposal system in Hong Kong; or(d) in the case of waste to be imported for reuse or for a reprocessing, recycling or recovery operation, that the waste is required as a raw material for such reuse or operation in Hong Kong. (Added 14 of 1995 s. 3) Cap 354 s 20B Permit required for the export of waste from Hong Kong (1) The export from Hong Kong of- (a) any waste of a kind specified in the Sixth Schedule, unless the waste is uncontaminated and is exported for the purpose of a reprocessing, recycling or recovery operation or the reuse of the waste; or (b) any waste of a kind specified in the Seventh Schedule, or not specified in the Sixth Schedule,requires a permit issued by the waste disposal authority under this section. (2) An application for a permit under this section- (a) shall be in the form that the waste disposal authority directs specifying- (i) the reason for the proposed waste export; (ii) the name and address of the exporter of the waste; (iii) the name and address of the waste producer; (iv) the name and address of the disposer of the waste; (v) the address of the waste disposal or reuse facility to be used; (vi) the name and address of every intended carrier of the waste or his agent; (vii) the names of the states of import and transit and their competent authorities; (viii) whether the permit is for a single shipment or multiple shipments; (ix) the projected date of each shipment and the period of time over which waste is to be exported; (x) the mode of transportation envisaged; (xi) a physical description of the waste and its composition and information on any special handling requirements; (xii) the type of packaging envisaged; (xiii) the estimated quantity by weight or volume of waste to be exported; (xiv) details of the process by which and place at which the waste was or is being generated; (xv) a description of the method of disposal or reuse; and (xvi) such other information as the waste disposal authority may reasonably require to determine whether or not to issue a permit; and(b) shall be accompanied by- (i) documents confirming the contractual arrangements, if any, for the disposal or reuse of the waste; (ii) documents confirming the existence of the liability insurance and the bond or other financial guarantee mentioned in subsection (4)(b); and (iii) the prescribed fee.(3) The waste disposal authority may either issue, with or without conditions, or refuse to issue a permit for the export of the waste, and shall notify the applicant of his decision and, in the case of refusal, the reasons for such refusal. (4) The waste disposal authority shall not issue a permit under this section for the export of any waste unless he is satisfied- (a) that the competent authority of the state of import and of each state of transit has consented to the import or transit, as the case may be, of the waste; (b) that the competent authority of the state of import and of each state of transit has confirmed that its laws, if any, as regards the existence of- (i) liability insurance to cover claims arising out of damage to human health, property and the environment which may result from the export operation; and (ii) a bond, or other financial guarantee, providing for payment to the competent authority of the state of import and each state of transit of the cost of any seizure or disposal of the waste by such competent authority, have been complied with in respect of the proposed export;(c) that the waste will be managed or disposed of in an environmentally sound manner; (d) that the waste will not be disposed of within the area south of the parallel of 60 degrees south; and (e) in the case of waste to be exported other than for the purpose of a reprocessing, recycling or recovery operation or the reuse of the waste, that- (i) Hong Kong does not have the facilities, capacity or disposal sites that would allow disposal of the waste in an environmentally sound manner; or (ii) the export of the waste is for a purpose which the waste disposal authority considers necessary or desirable in the interests of the environmentally sound and efficient management of the waste disposal system in Hong Kong; or(f) in the case of waste to be exported for the purpose of a reprocessing, recycling or recovery operation or for reuse, that the waste is required as a raw material for such operation or reuse in the state of import. (Added 14 of 1995 s. 3) Cap 354 s 20C Variation, suspension or revocation of permit (1) The waste disposal authority may- (a) vary, suspend or revoke a permit if it appears to him that there has been a breach of the permit; (b) revoke a suspension of a permit if he is satisfied that- (i) the permit holder has not breached a permit provision; (ii) the permit holder has rectified a breach of a permit provision; or (iii) the circumstances that gave rise to the suspension no longer exist.(2) Every permit suspended or revoked by the waste disposal authority and all copies of such permit in the possession of the permit holder or any other person shall be surrendered immediately to the waste disposal authority by the permit holder. (3) Any person who contravenes subsection (2) commits an offence and is liable to a fine at level 2 and to imprisonment for 3 months. (Added 14 of 1995 s. 3) Cap 354 s 20D Authority may issue directions regarding import and export of waste (1) The waste disposal authority may from time to time in respect of the import or export of waste for which a permit is required under this Part issue directions- (a) as to the packaging, labelling, handling, transport and disposal of the waste; (b) requiring the waste to be accompanied, from the commencement of the consignment to the point of disposal, by a movement document containing such information or particulars as the waste disposal authority may require; (c) requiring an applicant for a permit for the export of any waste to take back the waste when the consignment cannot be completed; and (d) requiring an applicant for a permit for the import of any waste to ensure that the disposer of the waste notifies in writing the exporter and the competent authority of the state of export of- (i) receipt by the disposer of the waste at the point of disposal or reuse of the waste; and (ii) the completion of disposal or reuse of the waste as proposed in the application for the permit, and to do so within a period specified in the direction.(2) A direction issued under this section shall for the purposes of this Part be deemed to form part of and be a condition of every permit issued under this Part subsequent to the coming into effect of the direction. (Added 14 of 1995 s. 3) Cap 354 s 20E Offences under this Part (1) A person who- (a) except under and in accordance with a permit issued under this Part, does anything for which such a permit is required; or (b) except under and in accordance with a permit issued under this Part, causes or allows another person to do anything for which such a permit is required,commits an offence and is liable- (i) for the first offence to a fine of $200000 and to imprisonment for 6 months; and (ii) for a second or subsequent offence to a fine of $500000 and to imprisonment for 2 years.(2) A person who, to procure the issue of a permit under this Part- (a) makes a statement which he knows to be false in a material particular; or (b) recklessly makes a statement which is false in a material particular,commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. (Added 14 of 1995 s. 3) Cap 354 s 20F Seizure and disposal of waste following conviction (1) Where a person is convicted of an offence under section 20E in respect of the import or export of any waste, the waste disposal authority may- (a) seize and dispose of the waste; or (b) by notice in writing require the convicted person, within a specified time- (i) in the case of a conviction in respect of the import of waste, to return the waste to the state of export, or to dispose of the waste in Hong Kong to the satisfaction of the waste disposal authority; or (ii) in the case of a conviction in respect of the export of waste, to take back the waste into Hong Kong, or, if that is not reasonably practicable, to dispose of the waste in an environmentally sound manner.(2) If any person fails to comply with a notice given under subsection (1)(b) he commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months; and where a person is convicted of an offence under this subsection the waste disposal authority may, without further notice, seize and dispose of the waste. (3) Where the waste disposal authority seizes or disposes of any waste under subsection (1)(a) or (2), the importer or exporter of the waste, as the case may be, shall be liable to the waste disposal authority for his costs of such seizure and disposal, including the cost of any transportation and storage, and such costs shall be recoverable as a civil debt due to the waste disposal authority. (Added 14 of 1995 s. 3) Cap 354 s 20G Defence of due diligence, etc. (1) A person charged with an offence under this Part has a defence if he proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (2) Without limiting the general nature of subsection (1), a person establishes the defence under that subsection if he proves- (a) he acted under instructions from his employer; or (b) he relied on information supplied by another person without reason to believe that the information was false or misleading,and in either case that he took all steps reasonably open to him to ensure that an offence would not be committed. (Amended L.N. 29 of 2004) (3) If a person wishes to rely on a defence involving an allegation- (a) that the commission of the offence was due to an act by or omission of another person (other than acting on the instructions of his employer); or (b) that he relied on information supplied by another person,he is not entitled, without leave of the court, to rely on the defence unless 7 clear days before the hearing, he has served on the prosecutor a notice giving all information he then had that identifies or assists in identifying the other person. (Added 14 of 1995 s. 3) Cap 354 s 20H Amendment of the Sixth and Seventh Schedules The waste disposal authority may by notice published in the Gazette amend the Sixth and Seventh Schedules. (Added 14 of 1995 s. 3) Cap 354 s 20I Interpretation and application (1) In this Part, unless the context otherwise requires- "competent authority" (主管当局) means such authority as may be designated by the government of a sovereign state to be responsible, within such geographical areas as that government deems, for receiving the notification of transboundary movement of waste, and any such information related to such movement, and for responding to such notification; "disposal" (处置), in relation to waste, means any transfer operation, storage, reprocessing, recycling, material recovery, deposit, destruction, discharge (whether into water or into a sewer or drain or otherwise) or burial (whether underground or otherwise), and "dispose of" shall be construed accordingly; "disposer" (处置者), in relation to waste imported into Hong Kong, means the person who carries out the disposal of the waste, or reuses the waste, in the manner contemplated in the application for a permit for the import of the waste; "export from Hong Kong" (输出香港), in relation to waste, means to take, or cause to be taken, out of Hong Kong any waste, but does not include a reference to waste which- (a) was brought into Hong Kong solely for the purpose of taking it out of Hong Kong; and (b) remained at all times in or on the vessel, aircraft, train or vehicle in or on which it was brought into Hong Kong;"exporter" (输出者), in relation to waste, means any person who arranges for waste to be exported; "import into Hong Kong" (输入香港), in relation to waste, means to bring, or cause to be brought, into Hong Kong any waste for the purpose of disposal or reuse in Hong Kong or for the purpose of loading prior to disposal or reuse in an area not under the jurisdiction of any state; "importer" (输入者), in relation to waste, means any person who arranges for waste to be imported; "management" (管理), in relation to waste, means the handling, transportation, disposal or reuse of the waste; "state of export" (输出国), in relation to the import of waste into Hong Kong, means a state, territory or geographical area from which such import is planned to be initiated or is initiated; "state of import" (输入国), in relation to the export of waste from Hong Kong, means a state, territory or geographical area to which such export is planned to take place for the purpose of disposal or reuse in that state, territory or geographical area or for the purpose of loading prior to disposal or reuse in an area not under the jurisdiction of any state; "state of transit" (过境国) means any state, territory or geographical area, other than Hong Kong or the state of export or the state of import, through which a transboundary movement of waste is planned or takes place; "transboundary movement" (越境移运) means any movement of waste from an area under the jurisdiction of one state or territory to or through an area under the jurisdiction of another state or territory, or to or through an area not under the jurisdiction of any state, where at least 2 such states or territories are involved in the movement. (2) For the purposes of this Part, waste is contaminated if it is contaminated by a substance to an extent which- (a) significantly increases the risk to human health, property or the environment associated with the waste; or (b) prevents the reprocessing, recycling, recovery or reuse of the waste in an environmentally sound manner,and "uncontaminated" (未受污染) in relation to waste shall be construed accordingly. (3) For the purposes of this Part, waste is managed or disposed of in an environmentally sound manner if it is managed or disposed of in a manner which will, as far as is practicable, protect human health and the environment against any adverse effects which may result from such waste. (4) This Part does not apply to waste that is- (a) derived from the normal operations of a vessel, aircraft, train or vehicle or its equipment; and (b) brought into or taken out of Hong Kong in or on the vessel, aircraft, train or vehicle. (Added 14 of 1995 s. 3) Cap 354 s 21 Applications for and grant of licences PART V LICENCES (1) A person who wishes to apply for a waste collection licence shall apply to the collection authority in the prescribed form. (2) A person who wishes to apply for a waste disposal licence shall apply to the waste disposal authority in the prescribed form. (3) An application under subsection (1) or (2) shall be accompanied by the prescribed fee. (Amended 8 of 1986 s. 8; 78 of 1999 s. 7) (4) Subject to section 21A, the appropriate licensing authority may either grant or refuse to grant a licence. (Amended 86 of 1991 s. 8) (5) If he refuses to grant a licence, the licensing authority shall within 30 days of such refusal notify the applicant in writing of his refusal and shall inform him of his reasons therefor. (6) The licensing authority shall not grant a licence under this section where he considers that, notwithstanding any authorization or requirement conferred or imposed pursuant to section 22- (a) the waste collection or disposal operation will not be able to achieve all the limits, and requirements, and quality standards and quality objectives prescribed in- (i) the Air Pollution Control Ordinance (Cap 311); (ii) the Water Pollution Control Ordinance (Cap 358); and (iii) the Noise Control Ordinance (Cap 400); or(b) any emission or discharge arising from the waste collection or disposal operation would be or would be likely to be a danger to public health, a source of pollution to the environment or a source of nuisance to the neighbouring area. (Added 14 of 1995 s. 4)(7) The waste disposal authority is not required to consider an application under section 21(2) unless it is made by the owner or lawful occupier of the land or premises used for the conduct of the waste disposal operation in question. (Added 14 of 1995 s. 4) Cap 354 s 21A Circumstances under which waste disposal licence for chemical waste is to be granted Without prejudice to the generality of section 21(4), the licensing authority shall not grant a waste disposal licence in respect of chemical waste under that section unless he is satisfied that the land or premises in respect of which the licence is sought has a waste disposal facility which- (a) has the capacity to dispose of such minimum quantity of chemical waste and within such period; or (b) is capable of disposing of chemical waste in such other manner,as may be prescribed. (Added 86 of 1991 s. 9) Cap 354 s 22 Effect of licences (1) A waste collection licence shall, subject to the terms and conditions thereof and during the period specified therein, authorize and require, in relation to any area specified therein all or any of the following- (a) the removal and disposal of household waste, street waste, trade waste, livestock waste or animal waste; (Amended 58 of 1987 s. 8) (b) the cleansing and emptying of pail latrines; (c) the desludging of aqua privies and septic tanks; (Amended 86 of 1991 s. 10) (d) the removal and disposal of excretal matter from such latrines, privies and tanks; (Amended 86 of 1991 s. 10) (e) the collection or removal of chemical waste, (Added 86 of 1991 s. 10)which, but for such authorization, would be a contravention of section 11. (2) A waste disposal licence shall, subject to the terms and conditions thereof and during the period specified therein, authorize and use of land or premises for the disposal of waste, which, but for such authorization, would be a contravention of section 16. (Amended 86 of 1991 s. 10) Cap 354 s 23 General provisions as to licences (1) A licence issued under this Ordinance shall be for such period and may be subject to such terms and conditions as the authority issuing the same thinks fit. (2) Any licence issued under this Ordinance may, upon its expiry, be renewed upon application and upon payment of the prescribed fee. (3) Where a licence issued under this Ordinance is in force and the authority by whom it was issued considers it necessary in the public interest, the authority may, by notice in writing, to the holder of the licence- (a) (i) impose new or amended terms or conditions subject to the observance of which, as from a specified date, the licence shall continue in force; (ii) cancel the licence as from a specified date if the holder fails to observe any such term or condition;(b) cancel the licence as from a specified date; (c) revoke or amend or add to any notice previously given under this subsection, or any part of such notice.(4) Subject to subsection (5), the date specified in a notice for the addition or amendment of any term or condition under paragraph (a)(i) or (c) of subsection (3) or the cancellation of a licence under paragraph (b) thereof shall be not less than 90 days after the day on which the notice is given to the holder of the licence. (5) Where in the opinion of the authority by whom a licence is issued it is necessary to amend or add a term or condition under paragraph (a)(i) or (ii) or (c) of subsection (3) or cancel a licence or consent under paragraph (b) thereof because the continuation of the activities to which the licence relates would cause a danger to public health or would be so seriously detrimental to the amenities of the area affected by the activities that the continuation of them ought not to be permitted, he may exercise any of the said powers with effect from such date as the circumstances may require and shall not be bound to comply with subsection (4). (6) Where a notice is given under subsection (4), the person to whom the notice is given may, within the period of 30 days after such notice is given, make written submissions to the authority by whom the notice was issued as to why any new or amended terms and conditions should not be imposed or as to why the licence should not be cancelled. (7) The authority by whom a notice under subsection (4) is issued and to whom written submissions are made by any person under subsection (6) may, after considering such submissions, by further notice to the said person withdraw the notice at any time before it comes into effect. (8) If any person who has been granted a licence under section 21 contravenes any term or condition subject to which the licence was granted to him, he commits an offence and is liable- (a) in the case of a waste collection licence- (i) for the first offence, to a fine of $100000; (ii) for a second or subsequent offence, to a fine of $200000; and (iii) in addition, if the offence is a continuing offence to a fine of $5000 for each day during which it is proved to the satisfaction of the court that the offence has continued; or(b) in the case of a waste disposal licence- (i) for the first offence, to a fine of 200000 and to imprisonment for 6 months; (ii) for a second or subsequent offence, to a fine of $500000 and to imprisonment for 6 months; and (iii) in addition, if the offence is a continuing offence to a fine of $10000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Added 28 of 1994 s. 16) Cap 354 s 23A Authorized officers PART VA ENFORCEMENT Any public officer may be authorized in writing by- (a) the Director; or (b) the collection authority; or (c) the waste disposal authority,to perform or exercise all or any of the functions, duties or powers which are imposed or conferred by this Ordinance upon the Director, the collection authority or the waste disposal authority, as the case may be, by which the public officer is so authorized, or which by virtue of this Ordinance may be exercised by an authorized officer. Cap 354 s 23B Power of authority to obtain information (1) By notice in writing served on any person- (a) the collection authority; or (b) the waste disposal authority,may require that person to furnish to the authority so requiring, within such time and in such form as is specified in the notice, any information specified in the notice which that authority may reasonably require for the purpose of exercising and performing its functions, duties and powers under this Ordinance. (2) A person who- (a) fails without reasonable excuse to comply with any of the requirements of a notice served on him under subsection (1); or (b) in purported compliance with such a notice, makes any statement to the authority which he knows to be incorrect in a material respect or recklessly makes any statement to the authority which is incorrect in a material respect or knowingly omits any material particular,commits an offence and is liable to a fine of $100000. (Amended 28 of 1994 s. 17) Cap 354 s 23C Powers of authorized officers to enter premises, etc. (1) Subject to subsection (2), an authorized officer may, for the purposes of this Ordinance, without a warrant enter any place or premises, stop any vehicle, or stop and board any vessel if he has reason to suspect that- (a) the place, premises, vehicle or vessel is being used for, or in connection with, the production, collection, storage, treatment, transportation or disposal of any waste; or (b) there is in the place, premises, vehicle or vessel any thing likely to be, or to contain, evidence of an offence against this Ordinance.(2) An authorized officer shall not under subsection (1) enter any domestic premises (other than that part of such premises in or on which there is a waste treatment plant or facilities for the storage of any waste) or board any vessel used wholly or principally for dwelling purposes unless he has first obtained a warrant issued by a magistrate under subsection (3) for that purpose. (3) A magistrate may issue a warrant to any authorized officer to enter domestic premises or to board any vessel used wholly or principally for dwelling purposes if the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that-