Cap. 354M 《廢物處置(廢物轉運站)規例》Waste Disposal (Refuse Transfer Station) Regulation

it is disposed of from a vehicle;

the registered owner of the vehicle is registered as a registered account-holder for that refuse transfer station; and

the vehicle is registered in the name of that account-holder for the refuse transfer station.

disposing of waste from a vehicle owned by the Government;

(Repealed 78 of 1999 s. 7)

disposing of waste collected by or on behalf of the Director of Food and Environmental Hygiene or the Director of Leisure and Cultural Services. (L.N. 183 of 2000)

the Director’s decision to grant, or refuse to grant, the exemption; and

if the Director refuses to grant the exemption—the reason for the refusal.

in the application for the exemption, the applicant provided any information that was false or misleading in a material particular;

any condition specified under subsection (4) for the exemption is contravened; or

the Director is satisfied that there is no longer any justification for the exemption.

by written notice; or

if a written notice is impracticable in the circumstances—in a way that the Director considers appropriate.

any condition specified under subsection (3) for the exemption is contravened; or

the Director is satisfied that there is no longer any justification for the exemption.

by written notice; or

if a written notice is impracticable in the circumstances—in a way that the Director considers appropriate.

that—

that the vehicle from which the person disposes of municipal solid waste is suitable for disposing of municipal solid waste at one or more scheduled facilities.

the vehicle is in good working condition;

the vehicle is constructed in a way that does not—

if the vehicle is equipped with a device described in section 3B of the Waste Disposal (Designated Waste Disposal Facility) Regulation (Cap. 354 sub. leg. L)—it complies with the requirement in subsection (3) of that section.

to be registered as a registered account-holder for the purpose of disposing of waste at refuse transfer stations; and

to register in his name one or more vehicles of which he is the registered owner to be used for the disposal of waste at refuse transfer stations.

be made in writing and in a manner and form specified by the Director; and

contain the particulars, information and supporting materials the Director reasonably requires to enable him to determine the application.

the refuse transfer station or stations at which waste is intended to be disposed of;

the estimated amount of waste that is intended to be disposed of at the refuse transfer station or stations monthly;

the nature of the waste;

the registration mark or marks of the vehicle or vehicles that are to be used for the disposal of waste at the refuse transfer station or stations.

to be registered as a Type A account-holder for the purpose of disposing of municipal solid waste at one or more scheduled facilities; and

to register in the person’s name one or more vehicles (of which the person is the registered owner) to be used for disposing of municipal solid waste at one or more scheduled facilities.

be made in a way and form specified by the Director; and

contain the particulars, information and materials the Director reasonably requires for the determination of the application.

the scheduled facility or facilities at which municipal solid waste is intended to be disposed of;

the estimated amount of municipal solid waste that is intended to be disposed of monthly at the scheduled facility or facilities;

the nature of the municipal solid waste; and

the registration mark or marks of the vehicle or vehicles that is or are to be used for disposing of municipal solid waste at the scheduled facility or facilities.

be made in a way and form specified by the Director; and

contain the particulars, information and materials the Director reasonably requires for the determination of the application.

the scheduled facility or facilities at which municipal solid waste is intended to be disposed of;

the estimated amount of municipal solid waste that is intended to be disposed of monthly at the scheduled facility or facilities; and

the nature of the municipal solid waste.

requiring the applicant to pay to the Director a deposit of such amount as the Director may specify in the notice under subsection (5) as security for payment of charges and surcharges under this Regulation within such time as may be so specified;

limiting the registration of that person, or of a vehicle registered in his name, to a particular refuse transfer station.

fails to supply the particulars, information and supporting materials in accordance with subsection (2)(b) or (4) of section 5;

supplies any false particulars, information or supporting materials; or

has incurred any charge or surcharge under this Regulation and, as at the date of his application under section 5, has not paid it.

a registered account-holder anticipates that the amount of waste that will be disposed of at the refuse transfer station or stations monthly will change substantially compared with the amount he has previously notified to the Director;

a registered account holder anticipates that the nature of the waste that will be disposed of at the refuse transfer station or stations will change; or

any change in other particulars, information or supporting materials contained in the application for registration occurs,

register the applicant as a Type A account-holder; and

register the vehicle or vehicles in the applicant’s name as a permitted vehicle or permitted vehicles for the facility or facilities.

it is in good working condition;

it is constructed in a way that does not—

if the vehicle is equipped with a device described in section 3B of the Waste Disposal (Designated Waste Disposal Facility) Regulation (Cap. 354 sub. leg. L)—it complies with the requirement in subsection (3) of that section.

requiring the applicant to pay to the Director a deposit as security for payment of charges and surcharges under this Regulation; and

limiting the registration of the applicant, or of a vehicle in the applicant’s name, to a particular scheduled facility.

must specify the terms and conditions imposed under subsection (3) in the notice under subsection (6); and

may, from time to time, by written notice to the account-holder, impose, vary or revoke any term or condition.

the person fails to provide the particulars, information or materials under section 5A(2)(b) or (4);

the person provides any false particulars, information or materials;

the person has incurred any charge or surcharge under this Regulation and, as at the date of the person’s application under section 5A, has not paid it;

the person is a Type B account-holder; or

because of the operation of subsection (2), no vehicle can be registered in the person’s name as a permitted vehicle.

inform the applicant of the Director’s decision to register, or refuse to register, the applicant as a Type A account-holder;

if the Director decides to register the applicant—specify the amount of the deposit mentioned in subsection (3)(a) and the deadline for its payment; and

if the Director decides to refuse to register the applicant—give the reason for the refusal.

a Type A account-holder anticipates that the amount of municipal solid waste that the account-holder will dispose of monthly at the scheduled facility or facilities will change substantially;

a Type A account-holder anticipates that the nature of the municipal solid waste that the account-holder will dispose of at the scheduled facility or facilities will change; or

there is any change in the particulars, information or materials provided by a Type A account-holder under section 5A(2)(b) or (4),

requiring the applicant to pay to the Director a deposit as security for payment of charges and surcharges under this Regulation; and

limiting the registration of the applicant to a particular scheduled facility.

must specify the terms and conditions imposed under subsection (2) in the notice under subsection (5); and

may, from time to time, by written notice to the account-holder, impose, vary or revoke any term or condition.

fails to provide the particulars, information or materials under section 5B(2)(b) or (4);

provides any false particulars, information or materials;

has incurred any charge or surcharge under this Regulation and, as at the date of the person’s application under section 5B, has not paid it; or

is a Type A account-holder.

inform the applicant of the Director’s decision to register, or refuse to register, the applicant as a Type B account-holder;

if the Director decides to register the applicant—specify the amount of the deposit mentioned in subsection (2)(a) and the deadline for its payment; and

if the Director decides to refuse to register the applicant—give the reason for the refusal.

a Type B account-holder anticipates that the amount of municipal solid waste that the account-holder will dispose of monthly at the scheduled facility or facilities will change substantially;

a Type B account-holder anticipates that the nature of the municipal solid waste that the account-holder will dispose of at the scheduled facility or facilities will change; or

there is any change in the particulars, information or materials provided by a Type B account-holder under section 5B(2)(b) or (4),

remove any vehicle registered in his name from registration;

register in his name, either in substitution of a vehicle removed from registration under paragraph (a) or as an additional vehicle, a vehicle of which he is the registered owner,

to remove any vehicle registered in the account-holder’s name from registration; or

to register in the account-holder’s name, either in substitution for a vehicle removed from registration under paragraph (a) or as an additional vehicle, a vehicle of which the account-holder is the registered owner as a permitted vehicle.

must immediately notify the Director; and

until the Director acknowledges in writing the receipt of the notification, remains liable for all charges and surcharges incurred under this Regulation for the disposal of municipal solid waste from the vehicle.

the gross vehicle weight of the vehicle at the in-weighbridge prior to the disposal; or

if such weight is not recorded, the permitted gross vehicle weight of the vehicle.

the gross vehicle weight of the vehicle at the in-weighbridge prior to the disposal; or

if such weight is not recorded, the permitted gross vehicle weight of the vehicle.

all charges and surcharges which have not been paid as required by subsection (2); and

all other unpaid charges incurred in relation to registered vehicles of that person before the suspension.

in the case of any charge under subsection (4)(b) which remains unpaid, a surcharge of 5% of such unpaid charge shall become payable; and

the Director may revoke the registration of that person as a registered account-holder.

shall not bear interest;

is not transferable; and

may, without prejudice to the exercise of any other power under this Regulation, be applied by the Director at any time to the payment of any charge or surcharge.

upon revocation under section 11(6) or 13; or

at the request of that person.

increase the amount of deposit for his continued registration by such amount as may be specified in the notice; and

require the registered account-holder to pay the increase to the Director within such time and in such manner as may be specified in the notice.

does not bear interest;

is not transferable; and

may, without prejudice to any other power under this Regulation, be applied by the Director at any time to the payment of any charge or surcharge owed by the account-holder under this Regulation.

the person ceases to be an account-holder because the registration is revoked under section 11(6), 13A or 13B; or

the Director is satisfied that the deposit, or that part of the deposit, is no longer required.

increase the amount of deposit for the account-holder’s continued registration by an amount specified in the notice; and

require the account-holder to pay the increase to the Director within the time and in the way specified in the notice.

the person’s continued registration as an account-holder; or

restoring the person’s registration under section 11(5).

unacceptable waste has been disposed of from a vehicle registered under the name of that person at a refuse transfer station or any person has attempted to dispose of unacceptable waste from such vehicle at such station;

waste has been disposed of at a refuse transfer station from such vehicle in contravention of section 9 or any person has attempted to dispose of waste at such station from such vehicle in contravention of that section;

any damage has been caused to any refuse transfer station by such vehicle or any person involved with such vehicle has attempted to cause any damage to such station;

where section 11(5) or 12(3) applies, the increased amount of deposit payable for restoring registration of that person or for his continued registration (as the case may be) is not paid as required by that section;

a breach of the service conditions imposed in respect of that person’s registration under section 6 has occurred in relation to that person or his registered vehicle; (25 of 2021 s. 28)

an offence under the Ordinance or this Regulation has been committed by that person or the driver of his registered vehicle or an offence involving the vehicle has been committed under the Ordinance or this Regulation;

the continued registration of that person as a registered account-holder is, in the opinion of the Director, prejudicial to the operation of any refuse transfer station;

he fails to notify any change in the amount or nature of waste or in other particulars, information or supporting materials as required by section 6(6); or

no charge has been incurred in relation to that person under this Regulation for a continuous period of 12 months and he does not, within 28 days of a request by the Director in writing to do so, indicate his desire to maintain the registration.

unacceptable waste has been disposed of at a scheduled facility from a permitted vehicle registered under section 6A or 7A in the person’s name (relevant vehicle), or any person has attempted to dispose of unacceptable waste at a scheduled facility from a relevant vehicle;

municipal solid waste has been disposed of at a scheduled facility from a relevant vehicle in contravention of section 9, or any person has attempted to dispose of municipal solid waste at a scheduled facility from a relevant vehicle in contravention of that section;

damage has been caused to a scheduled facility by a relevant vehicle, or any person associated with the operation of a relevant vehicle has attempted to cause damage to a scheduled facility by the vehicle;

the Director requires the person to make a payment under section 11(5) or 12A(3) and the payment is not made as required;

a breach of account conditions has occurred in relation to the person or a relevant vehicle;

the person or the driver of a relevant vehicle has committed an offence under the Ordinance or this Regulation, or an offence under the Ordinance or this Regulation has been committed in relation to a relevant vehicle;

the person’s continued registration as a Type A account-holder is, in the opinion of the Director, prejudicial to the operation of any scheduled facility;

the person fails to comply with section 6A(7); or

no charge has been incurred in relation to the person under this Regulation for a continuous period of 12 months and the person does not, within 28 days from the date of a written request from the Director to do so, indicate the person’s desire to maintain the registration.

by delivering it personally to the person to whom it is to be given;

by sending it by post to the last known address of the person to whom it is to be given; or (25 of 2021 s. 32)

by sending it by fax transmission or electronic mail to the last known fax number or electronic mail address of the person to whom it is to be given. (25 of 2021 s. 32)

publishing it in an English language newspaper and a Chinese language newspaper circulating in Hong Kong; and

posting it in a conspicuous place at the refuse transfer stations to which the notice relates.