### Water Pollution Control (General) Regulations 《水污染管制(一般)規例》

15. Registration of applications for variation or renewal
(1) (Repealed L.N. 375 of 1990)(2) The register shall contain the following particulars of every application for renewal or variation of a licence which is made to the Authority under section 23, 23A or 28 of the Ordinance respectively—
(a) the date of the application;
(b) the name of the applicant;
(c) the location of the industrial premises, domestic sewage treatment plant or other source, as the case may be, from where the discharge or deposit is made; (L.N. 375 of 1990)
(d) the name of the industrial enterprise or of the manager of the plant, if different from the applicant or in case of a discharge or deposit from any other source, the name (if any) of the source, or the name of the person in charge thereof, if different from the applicant;
(e) the code number assigned by the Authority to the original licence;
(f) the code number assigned by the Authority to any previous variation or renewal of the licence;
(g) the result of the application and the date on which the variation or renewal was granted or refused;
(h) the code number assigned by the Authority to the application.
(3) Subject to section 43 of the Ordinance, the register shall in respect of every application for renewal or variation of a licence contain a copy of Form A, as completed by the applicant and lodged with the Authority. (L.N. 203 of 1988)
(L.N. 375 of 1990)

### Water Pollution Control (General) Regulations 《水污染管制(一般)規例》

15A. Compensation on basis of relocation of activity where licence cancelled
(1) This regulation applies where compensation payable under section 25(1) or 26(2) of the Ordinance in respect of the cancellation of a licence falls to be determined by reference to loss arising from the relocation to another site, as a result of such cancellation, of any activity lawfully being carried on at the time of the cancellation.
(2) Subject to subregulation (3), in determining the amount of compensation referred to in subregulation (1) there shall be taken into account the following factors—
(a) the reasonable cost of relocating to a new site within Hong Kong by the most reasonable route and means of transportation—
(i) any equipment used in the activity at the time of the cancellation;
(ii) any materials held for use in the activity at the time of the cancellation;
(iii) any semi-finished and finished products of the activity at the time of the cancellation;
(b) the reasonable cost of installing at the new site the equipment referred to in paragraph (a)(i);
(c) if any licence condition at the new site is more stringent than the corresponding licence condition at the old site, or if there is any licence condition at the new site that did not apply at the old site, the reasonable cost of upgrading the equipment to meet the more stringent or new licence condition.
(3) Nothing in subregulation (2) shall be construed as including under that subregulation—
(a) the cost of identifying any new site for relocation of the activity or of arranging for the relocation;
(b) any damage to equipment or materials incurred during or as a result of relocation;
(c) except as provided in subregulation (2)(c), the cost of upgrading equipment at the new site;
(d) any operating or maintenance costs at the new site.
(4) Any factor that is not specified in subregulation (2) shall be disregarded for the purpose of determining an amount of compensation referred to in subregulation (1).

### Water Pollution Control (General) Regulations 《水污染管制(一般)規例》

15B. Compensation on basis of modification and adaptation of activity where licence cancelled
(1) This regulation applies where compensation payable under section 25(1) or 26(2) of the Ordinance in respect of the cancellation of a licence falls to be determined by reference to loss arising from the necessary modification or adaptation, as a result of such cancellation, of any activity lawfully being carried on at the time of the cancellation so as to enable the activity lawfully to continue at the existing site.
(2) In determining the amount of compensation referred to in subregulation (1) there shall be taken into account the following factors—
(a) the depreciated value of any equipment used in the activity at the time of the cancellation that must be replaced in order to enable the activity to continue;
(b) the difference between the cost and the value on disposal of raw materials and semi-finished products acquired for or produced by the activity referred to in paragraph (a) which can no longer be used in the activity;
(c) the reasonable cost of installing waste recovery and treatment systems to the extent necessary to enable the activity lawfully to continue;
(d) the reasonable cost of changing or upgrading any equipment so as to enable the activity lawfully to continue;
(e) any additional operational and maintenance costs incurred as a result of any upgrading referred to in paragraph (d) in respect of the balance of the period under the licence immediately prior to its cancellation.
(3) Any factor that is not specified in subregulation (2) shall be disregarded for the purpose of determining an amount of compensation referred to in subregulation (1).

15C. Compensation on basis of cessation of activity where licence cancelled
(1) This regulation applies where compensation payable under section 25(1) or 26(2) of the Ordinance in respect of the cancellation of a licence falls to be determined by reference to loss arising from the closing down or ceasing, as a result of such cancellation, of any activity lawfully being carried on at the time of the cancellation.
(2) In determining the amount of compensation referred to in subregulation (1) there shall be taken into account the following factors—
(a) the depreciated value of any equipment used in the activity at the time of the cancellation;
(b) the difference between the cost and the value on disposal of raw materials and semi-finished products acquired for or produced by the activity referred to in paragraph (a).
(3) Any factor that is not specified in subregulation (2) shall be disregarded for the purpose of determining an amount of compensation referred to in subregulation (1).

### Water Pollution Control (General) Regulations 《水污染管制(一般)規例》

15D. Compensation for variation of licence
(1) This regulation applies where compensation is payable under section 25(1) or 26(2) of the Ordinance in respect of the variation of a licence so as to impose an additional obligation on the person making a discharge or deposit.
(2) In determining the amount of compensation referred to in subregulation (1) there shall be taken into account the following factors—
(a) the reasonable cost of upgrading any equipment to the extent necessary to meet any such additional obligation imposed;
(b) any additional operating and maintenance costs reasonably incurred as a result of such upgrading for the remainder of the period covered by the licence.
(3) Any factor that is not specified in subregulation (2) shall be disregarded for the purpose of determining an amount of compensation referred to in subregulation (1).

16. Mode of service of documents
(1) Unless the Ordinance expressly provides otherwise, a document authorized or required to be served under the Ordinance may be served—
(a) by sending it by registered post to the last known address of the person to be served; or
(b) where the person who is to be served with the document is an industrial enterprise occupying industrial premises or the owner or manager of a domestic sewage treatment plant, by affixing the document to some conspicuous part of the premises or plant, as the case may be.
(2) Where the person to be served is an individual a document may be served by delivering it to that individual or sending it by registered post to his last known place of residence.
(3) Where the person to be served is a company a document may be served by leaving it at or sending it by registered post addressed to the registered office of the company.

17. Forms
(1) The form in the Second Schedule is prescribed for the purposes of the Ordinance.
(2) A person who, in completing the form prescribed in the Second Schedule, makes a statement or gives an estimate which he knows to be incorrect in a material particular or recklessly makes a statement or gives an estimate which is incorrect in a material particular or knowingly omits a material particular, commits an offence and is liable to a fine at level 3. (E.R. 2 of 2021)
(L.N. 375 of 1990)