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Related Legislation

Legislation for the Management of Wastes

The Waste Disposal Ordinance was enacted in 1980. Together with other relevant environmental legislation, it contributes to providing a comprehensive framework for managing waste from the point of arising to the point of final disposal. The intention is that waste be disposed of in an environmentally acceptable manner. The Ordinance has been amended several times to enable such things as controls over livestock keeping, chemical waste, illegal dumping of waste and the import and export of waste. Most recently, the Ordinance was amended in 2006 to set out the international Basel Ban on transboundary shipment of hazardous wastes in clear terms, and to provide for the control of clinical waste. Provisions for dealing with special wastes are also contained in other laws, for instance oily wastes from ships are controlled under the relevant legislation on merchant shipping.

Environmental Legislation Related to the Management of Wastes in Effect as at 1 August 2011

Legislation Description of Control
Building (Refuse Storage and Material Recovery Chambers and Refuse Chutes) Regulations 2008 Requires the provision of refuse storage and material recovery room on every floor of new domestic buildings and the domestic part of new composite buildings.
Waste Disposal Ordinance (Cap.354) 1980 Provides for the licensing of collection services and disposal facilities for waste, the prohibition of livestock keeping in urban areas, the control on livestock keeping in restriction areas, the control on discharge or deposit of livestock waste in designated control areas, the control scheme on chemical waste, the control on illegal dumping of waste, the control on import and export of waste and for the establishment of a system whereby disposal of specified wastes must be notified to the relevant authority who may give directions as to the method of disposal. The authority may also require the production of a comprehensive plan for the collection and disposal of wastes.
Waste Disposal (Livestock Waste) Regulations 1988 Sets out the legal requirements for proper handling of livestock waste to guard against dangers to public health or risks of pollution.
Waste Disposal (Chemical Waste) (General) Regulation 1992 Provides for control of all aspects of chemical waste disposal, including storage, collection, transport, treatment and final disposal.
Waste Disposal (Permits, Authorizations and Licences) (Fees) Regulation 1992 Prescribes the fees for application of licences for waste collection and disposal, permits for import and export of waste and authorizations for disposal of certain imported waste.
Waste Disposal (Appeal Board) Regulation 1992 Provides for the setting up of an appeal mechanism against decisions made under the Waste Disposal Ordinance.
Waste Disposal (Charges for Disposal of Chemical Waste) Regulation 1995 Requires payment of charges for disposal of chemical waste at the Chemical Waste Treatment Centre thus creating an economic incentive towards waste minimisation.
Waste Disposal (Designated Waste Disposal Facility) Regulation 1997 Provides for the maintenance of orderly conduct within sites used for waste disposal activities; measures to counteract the evasion of charges payable in connection with the provision of waste disposal services at such sites; and proof of matters in proceedings before a court in relation to the provision of waste disposal activities at such sites.
Waste Disposal (Refuse Transfer Station) Regulation 1998 Extends the services of Government-owned refuse transfer stations to private waste collectors and requires payment of service charges.

Waste Disposal (Clinical Waste) (General) Regulation 2010

Provides for control and regulation of the disposal and delivery of clinical waste.
Waste Disposal (Charge for Disposal of Clinical Waste) Regulation 2010 Specifies the charge for delivery of clinical waste to the Chemical Waste Treatment Centre for disposal.
Dumping at Sea Ordinance (Cap. 466) 1995 Provides for control on marine dumping, and for connected purposes.
Foreshores and Sea Bed (Reclamations) Ordinance (Cap.127) 1985 Provides for the control of reclamation and use of the foreshore and seabed.
Shipping and Port Control Ordinance (Cap.313) 1978 Prohibits pollution of the sea by oil from land-based as well as marine sources, and also the dumping of refuse and general littering from vessels or port-based operations.
Merchant Shipping (Prevention & Control of Pollution) Ordinance (Cap.413) 1990 Provides for the prevention and control of pollution from ships.
Merchant Shipping (Prevention of Oil Pollution) Regulations 1984 Implements Convention for the Prevention of Pollution from Ships to control oil pollution through preventive measures.
Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 Implements Convention for the Prevention of Pollution from Ships to control the discharge of noxious liquid substances through preventive measures.
Public Health and Municipal Services Ordinance (Cap.132) 1960 Provides for prevention and control of waste. It also provides for removal of litter or waste from any places.
Fixed Penalty (Public Cleanliness Offences) Ordinance (Cap.570) 2001 Provides for fixed penalty for offences including littering, spitting, unauthorised display of bills or posters, and dog fouling in public places.
EPD is empowered to enforce the scheduled offence "unlawful depositing of waste".
Country Parks Ordinance (Cap.208) 1976 Provides for control on littering in country parks.
Marine Parks Ordinance (Cap. 476) 1995 Provides for control on littering in marine parks and the marine reserve.
Summary Offences Ordinance (Cap.228) 1933 Contains provisions related to littering offences including marine littering.
Town Planning Ordinance (Cap.131) 1939 Provides for control over land use including waste management uses.
Land (Miscellaneous Provisions) Ordinance (Cap. 28) 1972 Provides for control on dumping of public fill.
Buildings Ordinance (Cap.123) 1956 Allows the Building Authority to require adequate waste treatment facilities in any new building. Provides for control over the design of refuse chutes within buildings and oil storage facilities.
Buildings Ordinance (Application to the New Territories) (Cap.121) 1987 Similar provisions to Cap.123.
Pesticides Ordinance (Cap.133) 1977 Provides for control on the supply and use of agricultural pesticides.
Dangerous Goods Ordinance (Cap.295) 1956 Defines dangerous goods by category. Provides for control on storage and transport of dangerous goods.
Pharmacy & Poisons Ordinance (Cap.138) 1970 Specifies approved medicines and poisons and provides for the control and authorised disposal thereof.
Dangerous Drugs Ordinance (Cap.134) 1969 Provides for the authorised disposal of dangerous drugs.
Radiation Ordinance (Cap.303) 1957 Provides for control on the use and disposal of radioactive substances.

Details of the ordinances and regulations can be found in the "Bilingual Laws Information System" website of the Department of Justice at http://www.legislation.gov.hk/.

Amendments Made to the Waste Disposal Ordinance and its Subsidiary Legislations

Legislation Description of Control
Waste Disposal (Amendment) Ordinance 1987 Prohibits livestock keeping in urban areas and provides for control on the discharge or deposit of livestock waste in designated control areas.
Waste Disposal (Amendment) Ordinance 1991 Provides for control on chemical waste with respect to packaging, labelling, storage, collection, disposal, import and export activities.
Waste Disposal (Amendment) Ordinance 1994 Provides for tighter control on livestock keeping and discharge of livestock waste, introduces a heavy penalty for illegal dumping of waste and makes it an offence to breach the licence conditions of the waste collection and disposal licences.
Waste Disposal (Amendment) Ordinance 1995 Introduces a permit system to control the import and export of hazardous and other wastes in accordance with the requirements set out under the Basel Convention, enables recovery of costs for the provision of different types of waste management services and surcharges for emergency cases and overdue payments.
Waste Disposal (Amendment) Ordinance 1997 Expands the regulation making powers for implementation of various waste disposal charging schemes and repeals section 28 which is inconsistent with the Hong Kong Bill of Rights Ordinance (Cap.383).
Waste Disposal (Amendment) Ordinance 2004 Provides for charging for disposal of construction waste at designated waste disposal facilities and for enhancing control on flytipping of waste.
Waste Disposal (Charges for Disposal of Construction Waste) Regulation 2004 Substitutes the Waste Disposal (Charges for Disposal of Waste) Regulation 1995 to give effect to the revised charging scheme.
Waste Disposal (Designated Waste Disposal Facility) (Amendment) Regulation 2004 Adds provisions for operations at the Designated Waste Disposal Facilities for implementation of the revised charging scheme.
Waste Disposal (Amendment) Ordinance 2006 Provides for control of the disposal of clinical waste, control on the disposal of imported waste and setting out of the Basel Ban in clear terms.
Waste Disposal Ordinance (Amendment of Fourth Schedule) Notice 2006 Stops backyard poultry keeping by removing the exemption for people keeping not more than 20 poultry, in order to reduce the risk of having poultry infected with avian influenza.

Waste Disposal (Designated Waste Disposal Facility) Regulation (Amendment of Schedules 1 and 2) Notice 2008

Reflects the changes in Designated Waste Disposal Facility when the temporary public fill barging point in Quarry Bay was replaced by a permanent facility in Chai Wan in December 2008.

Waste Disposal (Charges for Disposal of Construction Waste) Regulation (Amendment of Schedule 4) Notice 2008

 

 

Details of the ordinances and regulations can be found in the "Bilingual Laws Information System" website of the Department of Justice at http://www.legislation.gov.hk/

 

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Tuesday, 15 May, 2012