### Waste Disposal (Livestock Waste) Regulations 《廢物處置(禽畜廢物)規例》

7. Solid livestock waste
(1) Any solid livestock waste generated or produced in or on any livestock premises in a livestock waste control area or livestock waste restriction area shall— (L.N. 310 of 1994)
(a) in the case of livestock waste intended for use as fertilizer or soil conditioner in landscaping schemes, agriculture, horticulture, forestry or for the production of animal feedstuffs or fishmeal, be stored by the livestock keeper in or on those premises—
(i) in properly constructed enclosures used solely for composting or drying that waste and designed to prevent so far as is practicable the spillage, leakage or escape of that waste; or
(ii) where such waste is the subject of in situ composting, in or on those properly constructed parts of the livestock premises in which that waste is composted; and
(iii) in such manner as not to cause any nuisance or annoyance to any person whether arising from odours, insects, vermin or from any other cause in connection with that waste,
until such time as that waste is removed from those premises whether by the livestock keeper or otherwise for such use or production; or
(b) in any other case, be carried or otherwise conveyed from those premises by the livestock keeper to a designated place of collection in properly constructed storage containers—
(i) where pigs are kept in or on livestock premises, at least twice during any period of 7 days; or
(ii) where poultry are kept in or on livestock premises, during such period as the Director may determine in accordance with a standard specified in a Code of Practice relating to livestock waste.
(2) The livestock keeper shall—
(a) empty the contents of the storage containers referred to in paragraph (1)(b) into collection containers; and
(b) take all necessary precautions to prevent the spillage, leakage or escape of such contents during that operation or whilst carrying or otherwise conveying that waste to the designated place of collection in accordance with paragraph (1)(b).
(3) The collection authority, or a person licensed under section 10 of the Ordinance, shall—
(a) during such period as the Director may determine in accordance with a standard specified in a Code of Practice relating to livestock waste, transfer the contents of the collection containers referred to in paragraph (2)(a) into collection vehicles; and
(b) take all necessary precautions to prevent the spillage, leakage or escape of such contents during that operation.

### Waste Disposal (Livestock Waste) Regulations 《廢物處置(禽畜廢物)規例》

9. Channels to be kept in good repair
A livestock keeper shall ensure that the channels referred to in regulation 8 are kept in good order and free from breaks, cracks, holes or any other defects.

9A. Barrier to prevent liquid livestock waste from escaping
(1) Where free range livestock keeping is practised, the livestock keeper shall cause to be constructed permanent and impermeable barriers to prevent the escape of liquid livestock waste from the livestock premises, in accordance with the standards as specified in any Code of Practice relating to livestock waste.
(2) Any person who fails to comply with paragraph (1) commits an offence and shall be liable to a fine at level 5.(E.R. 3 of 2021)
(L.N. 310 of 1994)

10. Offences
(1) Any person who fails to comply with regulation 3, 4, 5, 6, 7, 8 or 9 commits an offence and shall be liable to a fine at level 5.
(2) Any person who—
(a) discharges or causes or permits to discharge; or
(b) otherwise disposes of,
solid or liquid livestock waste into any channel, ditch, communal sewer, reservoir, saline waters, spring, watercourse, well for potable use or public place otherwise than in accordance with Part III commits an offence and shall be liable to a fine at level 5.
(3) If a person is convicted of an offence under this Part and that offence is a continuing offence, such person shall, in addition to the penalties which may be imposed under paragraph (1) or (2), be liable to a fine of $5,000 for each day on which the offence continues.
(L.N. 310 of 1994; E.R. 3 of 2021)

11. Defences
In any proceedings for an offence under this Part it shall be a defence for the person charged—
(a) in the case of a failure to comply with regulation 8(2)—
(i) that the commission of the offence was due to the breakdown of a livestock waste treatment plant caused by circumstances beyond the control of that person;
(ii) that the breakdown was reported to the Director within a period of 48 hours; and
(iii) that the person charged or any other person under his control took all reasonable measures and exercised all due diligence to repair that plant and to bring it back into operation; or
(b) in any other case—
(i) that the commission of the offence was due to some cause beyond his control; and
(ii) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control.

### Waste Disposal (Appeal Board) Regulation 《廢物處置(上訴委員會)規例》

1. Citation
This Regulation may be cited as the Waste Disposal (Appeal Board) Regulation.

2. Interpretation
In this Regulation, unless the context otherwise requires—
appellant (上訴人) means any person who may appeal to the Appeal Board under section 24 of the Ordinance and who has given notice of appeal to the Chairman; (17 of 2004 s. 13)
authority (當局) means the public officer, collection authority, waste disposal authority or the Director referred to in section 24 of the Ordinance from whose decision or direction an appeal is made; (17 of 2004 s. 13)
Board (委員會) means an Appeal Board constituted under section 25 of the Ordinance;
Chairman (主席) means the Chairman of the Board appointed under section 25(2) of the Ordinance.

3. Commencement of an appeal
Any person who has a right of appeal under section 24 of the Ordinance may commence an appeal under this Regulation by lodging with the Chairman a notice of appeal which shall be in accordance with Form 1 in the Schedule.
(17 of 2004 s. 14)

4. Appellant to serve copy of notice of appeal and statement of particulars
When lodging a notice of appeal under section 3, the appellant shall at the same time serve a copy of such notice on the authority and shall furnish to the authority and the Chairman a statement specifying the grounds of the appeal and including such particulars of the evidence to be adduced, documents to be produced, names of witnesses to be called as may suffice to ensure that the Board and the authority are fully and fairly informed of the grounds of the appeal.

5. Further particulars
If any party to an appeal requires further particulars from the other party relating to the appeal, he may within 7 days after the service on the authority of a copy of the notice of appeal under section 4 or such longer period as the Chairman, on application, may allow in any particular case, serve notice on the other party specifying the further particulars required, and the other party shall within 7 days after notice is served under this section or such longer period as the Chairman, on application, may allow in any particular case, furnish such particulars to the other party and lodge a copy of such particulars with the Chairman.

6. Inspection of documents
(1) Any party to an appeal may at any time serve notice on the other party to produce, within 7 days after the notice is served, any document relating to the appeal for the inspection of the party serving the notice and to permit him to take copies thereof.
(2) Any party who fails to comply with a notice under subsection (1) shall not afterwards be allowed to put any such document in evidence unless he satisfies the Board that he had a reason for his failure to comply which the Board deems sufficient.