### Waste Disposal Ordinance 《廢物處置條例》

15G. Notification of livestock waste pollution
(1) Where in the opinion of the Director pollution to the environment by livestock waste generated or produced in or on livestock premises exists or is imminent, the Director may notify in writing the livestock keeper of the livestock premises of the existence or imminence of such pollution.
(2) The Director may, in a notice under subsection (1), direct the livestock keeper to—
(a) comply with any standard or limit contained in any relevant Code of Practice;
(b) cease the use of or remove any plant, machinery, vehicle, or equipment which in the opinion of the Director is used in an improper manner or improper for the collection, storage, treatment, transportation or disposal of waste, and to implement any remedial measures as may be specified in the notice;
(c) restore the proper operation of any plant, machinery, vehicle, equipment or process for the collection, storage, treatment, transportation or disposal of waste, or maintain such plant, machinery, vehicle or equipment, in a proper manner as specified in the notice;
(d) acquire and use proper and sufficient plant, machinery, vehicles or equipment for the collection, storage, treatment, transportation or disposal of waste as specified in the notice;
(e) cease any procedure used for the collection, storage, treatment, transportation or disposal of waste as specified in the notice; and
(f) take such other appropriate measures for the purpose of preventing or mitigating pollution as are specified in the notice,
within a specified period.
(3) A notice issued under subsection (1) shall specify a reasonable period of time for the livestock keeper to comply with its directions.
(4) The Director may issue any such supplementary notice as may be necessary to vary or add to the directions of a previous notice.
(5) A notice is duly served if it is served personally on the livestock keeper or his employee, or is sent by registered post to the livestock keeper’s last known address, or is left with any occupier over the age of 18 years of the livestock premises.
(6) Any person who without reasonable excuse fails to comply with the directions of a notice issued under this section commits an offence and is liable to a fine at level 5 in the case of a first offence and a fine at level 6 in the case of a second or subsequent offence and, in addition, if the offence is a continuing offence to a fine of $10,000 for each day or part of a day on which it is proved to the satisfaction of the court that the offence has continued. (Amended E.R. 5 of 2021)

### Waste Disposal Ordinance 《廢物處置條例》

16A. Prohibition of unlawful depositing of waste
(1) A person commits an offence if he deposits or causes or permits to be deposited waste in any place except with lawful authority or excuse, or except with the permission of any owner or lawful occupier of the place.
(2) For the purposes of subsection (1), if waste is deposited from a vehicle that is not being used as a public transport carrier, the following persons are regarded as causing the waste to be deposited—
(a) the driver of the vehicle at the time when the waste is deposited from it; and
(b) any person employing that driver to drive the vehicle at that time.
(3) A person charged with an offence under subsection (1) has a defence if he proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(4) Without limiting the general nature of subsection (3), a person establishes the defence under that subsection if he proves—
(a) that he acted under instructions from his employer; or
(b) that he relied on information supplied by another person and had no reason to believe that the information was false or misleading,

and in either case that he had no reason to believe that an offence would be committed.
(5) If a person wishes to rely on a defence involving an allegation—
(a) that the commission of the offence was not due to his acting under the instructions of his employer but was due to an act or omission of another person; or
(b) that he relied on information supplied by another person,

he is not entitled, without leave of the court, to rely on the defence unless he has served on the prosecutor, at least 7 clear days before the hearing, a notice giving all information he then had that identifies or assists in identifying the other person.
(6) For the purpose of subsection (2), public transport carrier (公共交通工具) means a public bus, public light bus, taxi, train, light rail vehicle or tramcar.

(Replaced 17 of 2004 s. 3)

### Waste Disposal Ordinance 《廢物處置條例》

16B. Prohibition of depositing of construction waste on private lot without valid permission
(1) This section applies in relation to the depositing of construction waste on a private lot except when—
(a) the total area on which construction waste has been deposited within the lot, regardless of who deposited the waste, does not exceed 20 m2; or
(b) the depositing forms part of any building works carried out on the lot that commenced in accordance with an enactment specified in Schedule 13.
(2) In calculating the total area for subsection (1)(a), waste containing both construction waste and other waste is regarded as consisting entirely of construction waste.
(3) Subject to subsection (5), a person who deposits, or causes to be deposited, construction waste on a private lot without the valid permission of the sole owner or all of the owners of the lot commits an offence.
(4) For subsection (3), the permission is valid only if—
(a) it is given in a form specified by the Director under section 16C(2)(a); and
(b) the form giving the permission bears an acknowledgement affixed by the Director in accordance with section 16C(3).
(5) For a private lot owned by a sole owner, the reference to “a person” in subsection (3) does not include the owner.
(6) Section 16A(2), (3), (4), (5) and (6) applies in relation to an offence under subsection (3) in the same way as it applies in relation to an offence under section 16A(1). For this purpose, the reference to “subsection (1)” in section 16A(2) and (3) is taken to be a reference to subsection (3).
(Added 19 of 2013 s. 4)

### Waste Disposal Ordinance 《廢物處置條例》

16C. Specified form for permission for depositing construction waste on private lot and Director’s acknowledgement
(1) In this section—
acknowledged form (經認收表格), in relation to a depositing activity, means a specified form—
(a) in which the permission for the depositing activity is given; and
(b) on which an acknowledgement is affixed in accordance with subsection (3);

depositing activity (擺放活動) means the depositing of construction waste on a private lot;
owners (擁有人), in subsection (3)(b)(i) and (ii), includes a sole owner;
permission (許可), in relation to a depositing activity, means the permission of the sole owner or all of the owners of the lot on which the depositing activity is carried out;
specified form (指明表格) means a form specified under subsection (2)(a).
(2) The Director may—
(a) specify a form in which the permission for a depositing activity is to be given; and
(b) specify in the form any information or document that the Director requires in relation to the permission.
(3) The Director may affix an acknowledgement on a specified form concerning a depositing activity only if—
(a) the form is submitted to the Director, together with the information and documents specified in it, at least 21 days before the intended date on which the depositing activity is to commence; and
(b) the Director is satisfied that—
(i) the owners identified in the form are the persons who appear from the register kept under the Land Registration Ordinance (Cap. 128) to be the owners of the lot (owners on record