| (Cap 466, section 11(1)) [20 April 2000] L.N. 106 of 2000 (L.N. 64 of 2000) Cap 466B s 1 (Omitted as spent) (Omitted as spent) Cap 466B s 2 Interpretation In this Order, unless the context otherwise requires- "exempt" (获豁免) means exempt from the requirement for a permit under section 8 of the Ordinance; "reclamation area" (填海区) means an area affected by a relevant reclamation; "relevant reclamation" (有关工程) means a reclamation- (a) authorized under- (i) the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127); or (ii) the repealed Public Reclamations and Works Ordinance (Cap 113, 1984 Ed.);(b) ordered under the Roads (Words, Use and Compensation) Ordinance (Cap 370); or (c) which was the purpose of a Government lease granted under the repealed Foreshores and Sea Bed Ordinance (Cap 127, 1984 Ed.). Cap 466B s 3 General exemptions The operations specified in Schedule 1 are exempt. Cap 466B s 4 Other exemptions (1) Subject to subsection (2), a relevant reclamation is exempt. (2) The following operations are not exempt- (a) an operation for dumping of substances or articles (other than the deposit of any waste or other matter directly arising from, or related to the exploration, exploitation and associated off-shore processing of sea-bed materials) in a reclamation area, the location and description of which is referred to in Schedule 2; (b) scuttling a vessel, aircraft or marine structure in a reclamation area; (c) loading an aircraft, vessel, marine structure or floating container in a reclamation area with substances or articles for dumping anywhere in the sea or under the sea-bed other than within that reclamation area; and (d) loading a vehicle in a reclamation area with substances or articles for dumping from the vehicle anywhere in the waters of Hong Kong other than within that reclamation area. Cap 466B s 5 Conflicts In the event of a conflict between sections 3 and 4, section 3 shall prevail. Cap 466B Sched 1 OPERATIONS NOT REQUIRING A PERMIT [section 3] 1. Disposal from an aircraft, vehicle, vessel or marine structure of sewage originating on the aircraft, vehicle, vessel or marine structure. 2. Disposal from, or incineration on, an aircraft, vehicle, vessel or marine structure of garbage originating in or on the aircraft, vehicle, vessel or marine structure; and for this purpose 'garbage' means any kind of victual or domestic waste, but does not include bulky or industrial waste. 3. Disposal from a vessel of cooling water and of ballast water, tank washings or other residues resulting from tank cleaning or tank ballasting after carriage of a substance other than a substance deposited or incinerated under a permit. 4. Deposit of cable, pipe, watermain, outfall or utility and associated equipment (other than to dispose of it) in the course of laying or maintenance. 5. Deposit of a substance from a vessel, vehicle, aircraft or marine structure in fighting a fire or preventing the spread of a fire. 6. Disposal (by way of return to the sea) of fish or shellfish or parts of fish or shellfish in the course of fishing operations or fish processing at sea. 7. Disposal (by way of return to the sea) by a fishing vessel of an article (other than a fish or shellfish) taken from the sea by the vessel in the course of normal fishing operations. 8. Disposal (by way of return to the sea) of a substance or article dredged from the sea-bed in the propagation or cultivation of shellfish. 9. Deposit of a substance or article (other than to dispose of it) in the course of salvage operations. 10. Deposit of an article to provide moorings or aids to navigation- (a) by a harbour authority or lighthouse authority; or (b) by any other person with the consent of a harbour authority or lighthouse authority. 11. Deposit of a substance or article in constructing or maintaining bridges, harbour, coast protection (other than beach replenishment), submerged tunnels, drainage or flood control works, if made on the site of the works. 12. Deposit to treat oil on the surface of the sea of a substance produced for that purpose subject to the conditions- (a) that the Authority has approved the use of the substance; and (b) that the substance is used in accordance with the conditions to which the approval was subject. 13. Deposit of equipment to control, contain or recover oil, mixtures containing oil, flotsam or algal blooms on or near to the surface of the sea. 14. Deposit of an instrument, article, material or associated equipment (other than to dispose of it) for scientific experiment or survey, habitat or marine life management. 15. Launching or undocking of vessels or marine structures. 16. Deposit under the sea-bed of a substance or article (other than to disposal of it) to construct or operate a bored tunnel subject to the conditions- (a) that notice of intention to construct the tunnel is first given to the Authority; and (b) that the approval of the Authority is first obtained to carry out anything which might disturb the marine environment or the living resources which it supports. |
