### Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations 《肺塵埃沉着病及間皮瘤(補償)(評估徵款)規例》

6. Assessment pursuant to notice of payment or notice of completion
(1) On receiving a notice of payment, the Board shall assess the amount of the levy payable in respect of the construction operations or the stage or part of the construction operations to which the notice relates.
(2) If no assessment has been made under paragraph (1), on receiving a notice of completion, the Board shall assess the amount of the levy payable in respect of the construction operations or the stage of the construction operations to which the notice of completion relates.
(3) If the notice of payment is given in respect of an interim payment or partial payment, subject to paragraph (4)—
(a) the assessment shall be a provisional assessment; and
(b) a final assessment shall be made on the final payment for the construction operations.
(4) If an assessment made under this regulation is in respect of a stage or part of any construction operations, or in respect of any construction operations, which constitute a stage or part of any other construction operations—
(a) the assessment shall be a provisional assessment; and
(b) a final assessment shall be made on the completion of those other construction operations.
(12 of 2006 s. 84)

6A. Assessment for construction operations under term contract may be deferred
If the construction operations are carried out under a term contract, the Board may, subject to regulation 6E, defer the making of any assessment under regulation 6 until such time as the Board considers appropriate.
(12 of 2006 s. 84)

6B. Assessment in respect of stage or part of construction operations
The amount of the levy payable in respect of a stage or part of any construction operations is to be assessed as if that stage or part separately constitutes construction operations that are subject to payment of levy under the Ordinance.
(12 of 2006 s. 84)

6C. Powers of Board to make assessment
(1) The Board may, subject to regulations 6E and 6G, assess the amount of the levy payable in respect of any construction operations or any stage or part of any construction operations, after the completion of the construction operations or the stage or part of the construction operations, notwithstanding that neither a notice of payment nor a notice of completion has been given to the Board.
(2) If it appears to the Board that any assessment of levy made by it is less than the proper amount, subject to regulations 6E and 6G, the Board may make an additional assessment of the levy.
(12 of 2006 s. 84)

### Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations 《肺塵埃沉着病及間皮瘤(補償)(評估徵款)規例》

6D. Imposition of surcharge
(1) If a contractor fails to give a notice under regulation 5 or 5A and fails to give, within a period allowed by the Board, a reasonable excuse for that failure, the Board may, subject to regulations 6F and 6H, impose a surcharge on him.
(2) The surcharge may not exceed twice the amount of the levy payable by the contractor.
(3) Notwithstanding paragraph (1), the contractor is liable to pay a surcharge only if the Board gives him a notice of the surcharge.
(4) A notice of surcharge shall be in writing and shall specify the amount of the surcharge payable by the contractor.
(12 of 2006 s. 84)

6E. Time limit on making assessment: construction operations under term contract
In the case of construction operations carried out under a term contract, an assessment under this Part may not be made after the expiry of whichever is the last to end of the following periods—
(a) 2 years after the completion of all construction operations under the contract;
(b) 2 years after the expiry of the period within which the contract stipulates that all such construction operations have to be completed;
(c) one year after evidence, sufficient in the opinion of the Board to justify the making of the assessment, comes to its knowledge.
(12 of 2006 s. 84)

6F. Time limit on imposing surcharge: construction operations under term contract
In the case of construction operations carried out under a term contract, a surcharge may not be imposed after the expiry of whichever is the last to end of the following periods—
(a) 2 years after the completion of all construction operations under the contract;
(b) 2 years after the expiry of the period within which the contract stipulates that all such construction operations have to be completed;
(c) one year after evidence, sufficient in the opinion of the Board to justify the imposition of the surcharge, comes to its knowledge.
(12 of 2006 s. 84)

6G. Time limit on making assessment: construction operations other than those under term contract
In respect of construction operations other than those carried out under a term contract, an assessment under this Part may not be made after the expiry of whichever is the last to end of the following periods—
(a) 2 years after the completion of the construction operations;
(b) one year after evidence, sufficient in the opinion of the Board to justify the making of the assessment, comes to its knowledge.
(12 of 2006 s. 84)

### Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations 《肺塵埃沉着病及間皮瘤(補償)(評估徵款)規例》

6H. Time limit on imposing surcharge: construction operations other than those under term contract
In respect of construction operations other than those carried out under a term contract, a surcharge may not be imposed after the expiry of whichever is the last to end of the following periods—
(a) 2 years after the completion of the construction operations;
(b) one year after evidence, sufficient in the opinion of the Board to justify the imposition of the surcharge, comes to its knowledge.
(12 of 2006 s. 84)

8. Quarry operators to notify Board of quarry operations
(1) Subject to paragraph (2), every quarry operator who begins a quarry operation on the date of commencement of these regulations or on any date thereafter shall, within 14 days after the date on which such quarry operation has begun, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation.
(2) Where on the date of commencement of these regulations a quarry operator is carrying on a quarry operation, he shall, within 14 days after such date, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation.
(3) Any quarry operator who, without reasonable excuse, fails to give notice in accordance with this regulation commits an offence and is liable to a fine at level 2. (L.N. 32 of 1983)
(E.R. 1 of 2013)

9. Notice by quarry operator of quarry products and their value
(1) Not later than 14 days after the expiry of a month, or such further time as the Board may in any case allow, every quarry operator shall give notice to the Board in a form approved by the Board specifying the volume of the quarry products extracted or produced during the immediately preceding month and their value.
(2) Not later than 14 days after the cessation of a quarry operation, or such further time as the Board may in any case allow, the quarry operator shall give notice to the Board in a form approved by the Board specifying the quantity of the quarry products extracted or produced during the period immediately preceding the cessation and their value, other than the quarry products included in the notice given under paragraph (1).
(3) No notice shall be required to be given in accordance with this regulation in respect of any quarry products extracted before the date of commencement of these regulations.
(4) Any quarry operator who, without reasonable excuse, fails to give notice in accordance with this regulation commits an offence and is liable to a fine at level 2. (L.N. 32 of 1983)
(E.R. 1 of 2013)