### Water Pollution Control Ordinance 《水污染管制條例》

13. Restoration of waters by convicted person
(1) Where any person has been convicted of an offence under section 8(1), 8(1A), 8(2), 9(1) or 9(2) the Authority may if he is of the opinion that— (Amended 67 of 1990 s. 22)
(a) any part of the waters of Hong Kong suffered continuing damage as a direct result of the commission of the offence; and
(b) it is reasonably practicable to restore, or partially restore, that part to the condition it was in before the commission of the offence,
by notice in writing require the person so convicted to carry out such work as is specified in the notice to effect such restoration or partial restoration.
(2) A notice under subsection (1)—
(a) may specify the manner in which the work is to be carried out;
(b) shall stipulate the time before which the work shall be commenced and the time by which it shall be completed;
(c) shall be addressed to and served personally or by registered post on the person who committed the offence.
(3) If a person fails to comply with a notice under subsection (1) served on him, the Authority may, without further notice but subject to subsection (4), carry out or cause to be carried out the work, or the remaining work, specified in the notice and recover from that person the cost of so doing as a civil debt due to the Crown.
(4) The Authority shall not exercise the power in subsection (3)—
(a) until after the expiry of the time allowed under section 29(3) for appeal against a requirement under subsection (1); and
(b) where an appeal is brought, until it is determined, withdrawn or abandoned.
(5) (Repealed 83 of 1993 s. 9)

### Water Pollution Control Ordinance 《水污染管制條例》

13A. Restoration of waters by Authority
(1) Where the Authority considers that there has been an offence committed under section 8(1), 8(1A), 8(2), 9(1) or 9(2) and he considers that—
(a) any part of the waters of Hong Kong is suffering continuing damage as a direct result of the commission of the alleged offence;
(b) it is reasonably practicable to restore, or partially restore, that part to the condition it was in before the commission of the alleged offence; and
(c) the damage is so severe that work to restore or partially restore the waters should start before any person has been charged or convicted,
the Authority may carry out work to restore or partially restore the waters.
(2) Following completion of the work the Authority shall reinstate any land that was entered to carry out the work under subsection (1), as far as it is practicable to do so, to the condition it was in before the entry.
(3) All costs incurred by the Authority in carrying out work under this section, including any compensation paid by the Authority under the regulations to a third party, are recoverable from any person who is responsible for the damage to the waters of Hong Kong, regardless of whether or not the person has been convicted of an offence referred to in subsection (1).
(Added 83 of 1993 s. 10)

14. Notices of existing discharges and deposits
(1) After a day appointed by order under subsection (2) of section 7 and before a day appointed by order under subsection (3) of that section a person may apply to the Authority for a licence under section 15 in respect of an existing discharge or deposit to which those orders apply.
(2) An application under subsection (1) shall be in such manner and form and contain such information and estimates as may be prescribed.
(2A) The Authority is not required to consider an application under subsection (1) unless it is made by—
(a) the person who makes or authorizes the discharge or deposit; or
(b) the owner or occupier of the premises from which the discharge or deposit is made. (Added 67 of 1990 s. 10)
(2B) The fee prescribed for an application under subsection (1) must be paid by a date specified in a demand note issued by the Authority. (Replaced 83 of 1993 s. 11)
(3) (Repealed 83 of 1993 s. 11)(Amended 67 of 1990 s. 10)

### Water Pollution Control Ordinance 《水污染管制條例》

15. Licensing of existing discharges and deposits
(1) After receipt of an application and the prescribed fee under section 14, the Authority shall grant a licence under this section for the existing discharge or deposit unless—
(a) he considers that the discharge or deposit endangers or is likely to endanger public health;
(b) he considers that the discharge or deposit is or is likely to be harmful to the health or safety of any person engaged in the operation or maintenance of a drainage or sewerage system;
(c) he considers that the discharge or deposit is or is likely to be harmful to a drainage or sewerage system;
(d) it has come to his attention that the discharge or deposit is made from premises that were erected in contravention of section 4 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28); or (Amended 29 of 1998 s. 73)
(e) it has come to his attention that where the discharge or deposit is made from premises on land held under a Government lease or on land occupied under a licence issued under section 5 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28), the discharge or deposit is in breach of that Government lease or licence. (Amended 83 of 1993 s. 12; 29 of 1998 s. 73)
(2) If the Authority refuses to grant a licence under this section he shall notify the applicant in writing of his refusal and shall in the notice state the reasons for the refusal.
(3) A licence granted under this section expires, as specified by the Authority in the licence, not less than 2 years after the day appointed by order under section 7(3) in respect of the discharges or deposits. (Amended 83 of 1993 s. 12)
(3A) Despite subsection (3) but subject to section 24, the Authority may, in respect of a licence granted under this section exclusively for the discharge of domestic sewage, as defined in section 9(3), specify in the licence that it continues in effect indefinitely. (Added 83 of 1993 s. 12)
(4) The Authority may grant a licence under this section on such terms and conditions as he thinks fit including terms and conditions relating to the matters set out in the First Schedule but the licence shall not, in the case of a discharge or deposit measurable by a flow rate, authorize a maximum flow rate less than the existing discharge or deposit.
(Replaced 67 of 1990 s. 11)