Legislation for the Management of Wastes The Waste Disposal Ordinance, enacted in 1980, provides 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. Amendments are in the pipeline to improve controls on illegal dumping of imported wastes and imports and exports of waste, to set the international Basel Ban on transboundary shipment of hazardous wastes in clear terms, to control clinical waste and to give effect to proposed charging schemes. Provisions for dealing with special wastes are also contained in other laws, for instance oily wastes from ships are controlled under Merchant Shipping legislation.     Environmental Legislation for Wastes Management in Effect as at 31 December 2005 Legislation   Description of Control 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 specified wastes must be notified to the relevant authority who may give directions as to the method of disposal. Requires also 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 and Licences) (Forms and Fees) Regulation 1992     Prescribes the forms and fees for application of licences for waste collection and disposal, and the permits for import and export of 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.   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     Places controls on littering in country parks. Summary Offences Ordinance (Cap.228) 1933     Contains provisions relating 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     Controls the supply and use of agricultural pesticides. Dangerous Goods Ordinance (Cap.295) 1956     Defines dangerous goods by category. Controls 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     Controls 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/.     The Waste Disposal Ordinance was Amended to Expand its Scope and Allow for Tighter Controls on Waste Management Legislation Description of Control Waste Disposal (Amendment) Ordinance 1987     Prohibits livestock keeping in urban areas and provides for controls over the discharge or deposit of livestock waste in designated control areas. Waste Disposal (Amendment) Ordinance 1991     Provides for control of 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. 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/.       Development of New Waste Legislation Proposed Legislation/Control   Features Current Status Waste Disposal (Amendment) Bill 2005   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.   Amendment Bill was re-submitted to LegCo for approval on 18 May, 2005. A Bills Committee was formed on 20 May 2005 to securitise the Bill.   Waste Disposal (Clinical Waste) (General) Regulation   Specifies the operational requirements of clinical waste producers, collectors and disposal facility operators.     Draft Regulation is being prepared. Waste Disposal (Charges for Disposal of Clinical Waste) Regulation     Gives effect to the new charging scheme for clinical waste disposal.   Draft Regulation is being prepared. Waste Disposal (Charges for Disposal of Construction Waste) Regulation   A new regulation to substitute the Waste Disposal (Charges for Disposal of Waste) Regulation 1995 to give effect to the revised charging scheme.   The Regulation was tabled to the LegCo on 3 Nov 2004. It was passed on 5 Jan 2005. The Regulation was commenced in two phases on 1 December 2005 and 20 January 2006 respectively.   Waste Disposal (Designated Waste Disposal Facility) (Amendment) Regulation 2004   To add provisions for operations at the Designated Waste Disposal Facilities for implementation of the revised charging scheme.   The Regulation was tabled to the LegCo on 3 Nov 2004 . It was passed on 5 Jan 2005. The Regulation was commenced in two phases on 1 December 2005 and 20 January 2006 respectively.

[Back to top][Table of Content]

Last revision date: 31 July 2006

End of Page

[Environmental Legislation] [Compliance Guides] [Environmental Compliance]