| (Cap 311 section 43) [2 October 1987] L.N. 345 of 1987 (L.N. 192 of 1987) Cap 311F reg 1 Citation These regulations may be cited as the Air Pollution Control (Specified Processes) Regulations. (Enacted 1987) Cap 311F reg 2 Interpretation In these regulations, unless the context otherwise requires- "authorized person" (认可人士) means a person whose name is for the time being on the authorized persons' register kept under section 3 of the Buildings Ordinance (Cap 123)- (a) as an architect therein; or (54 of 1996 s. 29) (b) as an engineer therein; or (54 of 1996 s. 29) (c) as a surveyor therein; (54 of 1996 s. 29)"qualified engineer" (合资格工程师) means a registered professional engineer in the building services, gas, chemical, marine or mechanical engineering disciplines under the Engineers Registration Ordinance (Cap 409). (L.N. 311 of 1993) (Enacted 1987) Cap 311F reg 3 Designation of noxious or offensive emissions The noxious or offensive emissions specified in the First Schedule are designated as noxious or offensive emissions for the purposes of the Ordinance. (Enacted 1987) Cap 311F reg 4 Form of applications, etc. (1) An application under section 14(1) of the Ordinance for a licence to conduct a specified process in any premises shall be made in Form 1 in the Second Schedule. (2) An application under section 16(1) of the Ordinance for a renewal of a licence shall be made in Form 2 in the Second Schedule not earlier than 120 days and not later than 60 days before the expiry of the licence. (3) An application under section 18(1) of the Ordinance for a variation of a licence, or under section 23(1) of the Ordinance for a variation or cancellation of any term or condition of an exemption for the conduct of a specified process, shall be made in Form 3 in the Second Schedule. (4) An application under section 18A of the Ordinance for a transfer of a licence shall be made in Form 4 in the Second Schedule. (Enacted 1987) Cap 311F reg 5 Notice to licence holder The Authority shall give notice in writing to the licence holder of the provisions of regulations 4(2), 6, 9 and 10 not earlier than 130 days and not later than 120 days before the expiry of his licence. (Enacted 1987) Cap 311F reg 6 Late applications for renewal (1) Notwithstanding regulation 4(2), if an application for renewal of a licence is received by the Authority less than 60 days before the expiry of the licence, the Authority shall entertain the application. (2) Notwithstanding regulation 4(2), if an application for renewal of a licence is received by the Authority within 60 days after the date of expiry of the licence, the Authority shall entertain the application. (Enacted 1987) Cap 311F reg 7 Fees (1) The fees specified in the Third Schedule are prescribed for the purposes of the Ordinance. (2) No refund shall be made of any application fee. (Enacted 1987) Cap 311F reg 8 Preparation of plans and specifications submitted with applications All plans and specifications submitted with or in relation to any application prescribed in these regulations shall be prepared by a qualified engineer or an authorized person. (Enacted 1987) Cap 311F reg 9 Status of licences pending decision on applications for renewal under regulation 4(2) A licence which is the subject of an application for renewal made in accordance with regulation 4(2), if the Authority- (a) renews the licence before or after the date of its expiry, shall continue in force until such renewal; (b) refuses to renew the licence before or after the date of its expiry, shall continue in force- (i) until the expiry of the time for appealing against the refusal prescribed in section 31 (2) of the Ordinance; or (ii) where the applicant appeals against the refusal under section 31(2) of the Ordinance, until the appeal is disposed of, withdrawn or abandoned. (Enacted 1987) Cap 311F reg 10 Status of licences pending decision on applications for renewal under regulation 6 (1) A licence which is the subject of an application for renewal made in accordance with regulation 6(1), if the Authority- (a) decides to renew, or to refuse to renew, the licence before the date of its expiry, shall continue in force- (i) where renewal is granted, until such renewal; or (ii) where renewal is refused- (A) until the expiry of the time for appealing against the refusal prescribed in section 31(2) of the Ordinance; or (B) where the applicant appeals against the refusal under section 31(2) of the Ordinance, until the appeal is disposed of, withdrawn or abandoned;(b) is unable to decide to renew, or to refuse to renew, the licence before the date of its expiry, shall cease to be in force with effect from the date of its expiry.(2) A licence which is the subject of an application for renewal made in accordance with regulation 6(2) shall cease to be in force with effect from the date of its expiry. (Enacted 1987) Cap 311F reg 11 Notice of objection to the grant, etc. of a licence |
