| (Cap 354 section 33) [23 June 1997] L.N. 345 of 1997 (L.N. 197 of 1997) Cap 354L s 1 (Omitted as spent) (Omitted as spent) Cap 354L s 2 Interpretation (1) In this Regulation, unless the context otherwise requires- "authorized officer" (获授权人员) has the same meaning as in section 2(1) of the Ordinance; "designated officer" (指定人员) means any person appointed by the Director under section 3; "designated waste disposal facility" (指定废物处置设施) means any premises specified in column 2 of the Schedule; "facility operator" (设施经营人) means any person who has entered into an agreement with the Government for the operation or management of a designated waste disposal facility; "relevant activity" (有关活动) means the collection, removal, transportation, transfer, reception or disposal (including treatment, reprocessing or recycling) of waste. (2) For the purposes of this Regulation, the boundaries of a designated waste disposal facility shall be deemed to be those delineated in the drawing or plan specified in column 4 of the Schedule opposite the name of the facility in column 2 of the Schedule and held by the Director. Cap 354L s 3 Director may appoint designated officers (1) The Director may in writing appoint any public officer, any person employed by a facility operator, any contractor (other than a facility operator) or any person employed by such contractor to be a designated officer for the purposes of this Regulation. (2) In this section "contractor (other than a facility operator)" (承办商(设施经营人除外)) means any person, other than a facility operator, who has entered into an agreement with the Government or with any facility operator for the carrying out of any activity or the provision of any service in connection with the operation or management of a designated waste disposal facility. Cap 354L s 4 Powers of Director (1) The Director may, for the purpose of- (a) regulating traffic within, entering or leaving any designated waste disposal facility; (b) ensuring safety to all personnel present at any designated waste disposal facility; (c) avoiding any nuisance or any danger to health or the environment arising from the carrying on of any activity in any designated waste disposal facility; (d) preventing disruption to the operation of any designated waste disposal facility or the carrying out of any relevant activity in the designated waste disposal facility; (e) preventing or deterring the commission of any offence against the Ordinance in or in relation to any designated waste disposal facility; (f) detecting the commission of any offence against the Ordinance in or in relation to any designated waste disposal facility; or (g) deterring the evasion of charges payable under the Ordinance by any person in connection with any relevant activity in any designated waste disposal facility,exercise any of the powers specified in subsection (2). (2) The powers specified for the purpose of subsection (1) are- (a) the power to order or signal the driver of a vehicle within or entering or leaving a designated waste disposal facility- (i) to stop the vehicle immediately; (ii) to proceed to any place or to park the vehicle at any location within the facility; or (iii) to leave the facility;(b) if there are reasonable grounds for believing it to be necessary for any purpose specified in subsection (1), the power- (i) to require the driver of a vehicle within a designated waste disposal facility or stopped by him under paragraph (a)- (A) to produce his driving licence for examination; (B) to give the name and address of the registered owner of the vehicle; (C) to provide such information as is within the driver's knowledge concerning waste being carried on the vehicle;(ii) to enter, examine and search any vehicle referred to in subparagraph (i) and any thing in or on the vehicle, and to take from the vehicle and retain samples of any materials having the appearance of waste; (iii) to require any person found in or on any vehicle referred to in subparagraph (i) to give his name and address and to produce any document in his possession which is or contains evidence of his name and address;(c) where any vehicle or thing is causing disruption to the operation of any designated waste disposal facility or is otherwise likely to render the use of the facility unsafe, the power to take all reasonable steps, at the owner's expense, to remove the vehicle or thing or cause it to be removed to any place, including any road, that the Director may think fit and where necessary in the opinion of the Director, to provide for its safe custody; (d) where any person has failed to pay any charge under the Ordinance in full as required in any invoice, demand note, bill or the like issued by the Director or any person appointed by the Director to collect such charge, but subject to subsection (3), the power to suspend the provision to that person of the services provided at any designated waste disposal facility.(3) The power conferred under subsection (2)(d) shall not be exercised in a particular case unless- |
