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Advisory Council on the Environment

Consequential Amendment to the Waste Disposal (Charges for Disposal of Chemical Waste) Regulation (Cap. 354J) arising from Enactment of the Merchant Shipping (Local Vessels) Ordinance (Cap. 548)

(ACE Paper 3/2003)
For advice

Purpose

This paper seeks Members' support to the consequential amendment to the Waste Disposal (Charges for Disposal of Chemical Waste) Regulation (Cap. 354J) (the Regulation), which is necessary when the Merchant Shipping (Local Vessels) Ordinance (Cap. 548) comes into operation.

Background

2.Cap. 548 was enacted by the Legislative Council in July 1999. It consolidates provisions regarding local vessels set out in different ordinances into one piece of legislation dedicated for such vessels. Part IV of Cap. 313, which provides for the control of licensed local vessels, will be replaced by provisions in Cap. 548. As we plan to bring Cap. 548 into operation in mid-2003, it is necessary to amend the reference to Part IV of Cap. 313 and replace it with a reference to Cap. 548.

3.Section 4 of the Regulation states that :-

  "Any chemical waste which is -
  (a) discharged, or otherwise disposed of, from any vessel other than a vessel to which Part IV of the Shipping and Port Control Ordinance (Cap. 313) applies; or
  (b) both -
  (i) delivered to the Centre for disposal at the request of the Director; and
  (ii) the subject of a notice in writing by the Director stating that he is satisfied that the waste producer of that waste is unknown,
  is exempt as chemical waste for the purpose of this Regulation."

Section 4(a) of the Regulation makes reference to Part IV of Cap. 313. This Part has to be repealed when the Merchant Shipping (Local Vessels) Ordinance (Cap. 548) commences.

4. Section 33 of the Waste Disposal Ordinance provides that any amendments to the Regulations under the Ordinance should be made by the Chief Executive in Council after consultation with the Advisory Council on the Environment.

Proposed Amendment

5.It is proposed that section 4 of the Regulation should read as -
  "Any chemical waste which is -
  (a) discharged, or otherwise disposed of, from any vessel other than a vessel to which the Merchant Shipping (Local Vessels) Ordinance (Cap. 548) applies; or..."

6.The proposed amendment will not change the definition of chemical waste in section 4 of the Regulation. It is merely a straightforward consequential amendment arising from commencement of Cap. 548. The amendment will be included in the Miscellaneous Amendment (Local Vessels) Bill 2003. The Bill will set out all consequential amendments arising from the enactment of Cap. 548 as mentioned in paragraph 2 above. The Bill is scheduled for introduction into the Legislative Council in May 2003.

Advice Sought

7.Members are invited to support the proposal set out in paragraph 5.

Economic Development and Labour Bureau
January 2003

 

 

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Friday, 28 April, 2006