Cap. 354 sub. leg. L

Waste Disposal (Designated Waste Disposal Facility) Regulation(Cap. 354, section 33)(Enacting provision omitted—E.R. 3 of 2015) [23 June 1997] L.N. 345 of 1997(Format changes—E.R. 3 of 2015) 1. (Omitted as spent—E.R. 3 of 2015) 2. Interpretation (1) In this Regulation, unless the context otherwise requires—authorized officer (獲授權人員) has the same meaning as in section 2(1) of the Ordinance;construction waste (建築廢物) and inert construction waste (惰性建築廢物) have the same meaning as in section 2 of the Waste Disposal (Charges for Disposal of Construction Waste) Regulation (Cap. 354 sub. leg. N); (L.N. 165 of 2004)designated officer (指定人員) means any person appointed by the Director under section 3;designated waste disposal facility (指定廢物處置設施) means any premises specified in column 2 of Schedule 1; (L.N. 165 of 2004)facility operator (設施經營人) means any person who has entered into an agreement with the Government for the operation or management of a designated waste disposal facility;relevant activity (有關活動) means the collection, removal, transportation, transfer, reception or disposal (including treatment, reprocessing or recycling) of waste.(2) For the purposes of this Regulation, the boundaries of a designated waste disposal facility shall be deemed to be those delineated in the drawing or plan specified in column 4 of Schedule 1 opposite the name of the facility in column 2 of that Schedule and held by the Director. (L.N. 165 of 2004) 3. Director may appoint designated officers (1) The Director may in writing appoint any public officer, any person employed by a facility operator, any contractor (other than a facility operator) or any person employed by such contractor to be a designated officer for the purposes of this Regulation.(2) In this section contractor (other than a facility operator) (承辦商(設施經營人除外)) means any person, other than a facility operator, who has entered into an agreement with the Government or with any facility operator for the carrying out of any activity or the provision of any service in connection with the operation or management of a designated waste disposal facility. 3A. Facilities that accept construction waste (1) Subject to the provisions in the Waste Disposal (Charges for Disposal of Construction Waste) Regulation (Cap. 354 sub. leg. N), construction waste may be accepted for disposal at a designated waste disposal facility only if—(a) the facility is one specified in column 2 of Schedule 2; and(b) the construction waste falls within the type specified in column 3 of that Schedule opposite that facility.(2) No waste shall be accepted for disposal at a designated waste disposal facility specified in item 1(b), 3 or 4 in column 2 of Schedule 2 unless it is construction waste that falls within the type specified in column 3 of that Schedule opposite that facility. (L.N. 188 of 2013)(3) The Director shall give notice in the Gazette of the criteria adopted from time to time to determine, for the purposes of subsections (1) and (2), whether any waste falls within a type of construction waste specified in column 3 of Schedule 2. (L.N. 3 of 2005)(4) A notice under subsection (3) is not subsidiary legislation. (L.N. 3 of 2005)(L.N. 165 of 2004) 3AB. Designated waste disposal facility must not accept e-waste A person must not accept for disposal any e-waste at any designated waste disposal facility.(3 of 2016 s. 24) 3B. Requirements for particular vehicles (1) This section applies to a vehicle equipped with devices specifically designed for—(a) loading household waste or trade waste (or both); and(b) compacting household waste or trade waste (or both).(2) If a person drives the vehicle into any of the designated waste disposal facilities specified in items 1, 2, 3 and 5 to 18 in column 2 of Schedule 1 (specified facility), the vehicle must conform with the requirement in subsection (3).(3) The requirement is—(a) the vehicle must be equipped with—(i) a metal tailgate cover; and(ii) a waste water sump tank;(b) the construction of the cover and the tank must be suitable for—(i) ensuring safety to all persons present at the specified facility;(ii) avoiding any nuisance, or any danger to health or the environment, arising from any activity in the specified facility; and(iii) preventing disruption to the operation of the specified facility, or any relevant activity in the specified facility; and(c) the cover and the tank must be in good working condition.(4) If subsection (2) is contravened, the following person commits an offence and is liable to a fine at level 6—(a) (if the driver of the vehicle drives the vehicle into the specified facility on the instructions of the driver’s employer) the employer; or(b) (in any other case) the driver of the vehicle. (L.N. 188 of 2013 and L.N. 13 of 2014)(5) It is a defence for a person charged under subsection (4) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (L.N. 188 of 2013 and L.N. 13 of 2014)(L.N. 188 of 2013) 4. Powers of Director (1) The Director may, for the purpose of—(a) regulating traffic within, entering or leaving any designated waste disposal facility;(b) ensuring safety to all persons present at any designated waste disposal facility; (L.N. 188 of 2013)(c) avoiding any nuisance or any danger to health or the environment arising from the carrying on of any activity in any designated waste disposal facility;(d) preventing disruption to the operation of any designated waste disposal facility or the carrying out of any relevant activity in the designated waste disposal facility;(e) preventing or deterring the commission of any offence against the Ordinance in or in relation to any designated waste disposal facility;(f) detecting the commission of any offence against the Ordinance in or in relation to any designated waste disposal facility; or(g) deterring the evasion of charges payable under the Ordinance by any person in connection with any relevant activity in any designated waste disposal facility,exercise any of the powers specified in subsection (2).(2) The powers specified for the purpose of subsection (1) are—(a) the power to order or signal the driver of a vehicle within or entering or leaving a designated waste disposal facility—(i) to stop the vehicle immediately;(ii) to proceed to any place or to park the vehicle at any location within the facility; or(iii) to leave the facility;(aa) the power to order or signal the master of a vessel within or entering or leaving a designated waste disposal facility—(i) to stop the vessel immediately;(ii) to move the vessel to or moor it at any place within the facility; or(iii) to leave the facility; (L.N. 165 of 2004)(b) if there are reasonable grounds for believing it to be necessary for any purpose specified in subsection (1), the power—(i) to require the driver of a vehicle within a designated waste disposal facility or stopped by the Director under paragraph (a)— (L.N. 165 of 2004)(A) to produce his driving licence for examination;(B) to give the name and address of the registered owner of the vehicle;(C) to provide such information as is within the driver’s knowledge concerning waste being carried on the vehicle;(ia) to require the master of a vessel within a designated waste disposal facility or stopped by the Director under paragraph (aa)—(A) to produce the licence issued by the Director of Marine in respect of the vessel under section 15 or 19 of the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D) for examination; (24 of 2005 s. 55)(B) to give the name and address of the registered owner of the vessel;(C) to provide such information as is within the master’s knowledge concerning the waste being carried on the vessel; (L.N. 165 of 2004)(ii) to enter, examine and search the vehicle referred to in subparagraph (i) or the vessel referred to in subparagraph (ia) and any thing in or on that vehicle or vessel, and to take from it and retain samples of any materials having the appearance of waste; (L.N. 165 of 2004)(iii) to require any person found in or on that vehicle or vessel to give his name and address and to produce any document in his possession which is or contains evidence of his name and address; (L.N. 165 of 2004)(c) where any vehicle, vessel or thing is causing disruption to the operation of any designated waste disposal facility or is otherwise likely to render the use of the facility unsafe, the power to take all reasonable steps, at the owner’s expense, to remove the vehicle, vessel or thing or cause it to be removed to any place, including any road, that the Director may think fit and where necessary in the opinion of the Director, to provide for its safe custody; (L.N. 165 of 2004)(d) where any person has failed to pay any charge under the Ordinance in full as required in any invoice, demand note, bill or the like issued by the Director or any person appointed by the Director to collect such charge, but subject to subsection (3), the power to suspend the provision to that person of the services provided at any designated waste disposal facility; and (L.N. 188 of 2013)(e) the power to examine a vehicle within or entering or leaving a designated waste disposal facility to check whether the vehicle meets the requirements in this Regulation. (L.N. 188 of 2013)(2A) A driver who is required under subsection (2)(b)(i)(A) to produce his or her driving licence is to be regarded as having complied with the requirement if the driver produces his or her electronic driving licence to the Director. (26 of 2025 s. 16)(2B) For the purposes of subsection (2A), a driver is to be regarded as having not produced his or her electronic driving licence if—(a) the licence is not displayed on an electronic device through an electronic platform specified under section 110A(1)(c) of the Road Traffic Ordinance (Cap. 374);(b) the licence cannot be read or scanned by the Director because of a defect of the electronic device on which the licence is purportedly displayed; or(c) the driver fails to comply with a reasonable request by the Director to facilitate the reading or scanning of the licence. (26 of 2025 s. 16)(3) The power conferred under subsection (2)(d) shall not be exercised in a particular case unless—(a) a notice issued by the Director for the purposes of this subsection specifying a period within which the charge shall be paid has been served on the person personally or by post; and(b) the person has failed to pay the charge or any part of the charge within the period so specified.(4) The Director may in writing authorize—(a) any designated officer to exercise the powers and perform the duties conferred or imposed on the Director under subsection (2)(a) to (e);(b) any facility operator to exercise the powers and perform the duties conferred or imposed on the Director under subsection (2)(c), (d) or (e). (L.N. 188 of 2013)(4A) The Director or an authorized officer may also exercise the following powers—(a) refuse to accept any waste at a designated waste disposal facility in such circumstances as the Director thinks fit;(b) subject to subsection (4B), require any person who delivers any waste to a designated waste disposal facility to state the nature of the waste and give such other information as the Director considers necessary to determine whether or not to accept the waste at that facility;(c) close temporarily a designated waste disposal facility or any part of it for such period as the Director considers necessary by posting a notice of closure in such conspicuous places in the facility as the Director may determine. (L.N. 165 of 2004; L.N. 3 of 2005)(4B) If a person delivering any waste to a designated waste disposal facility informs the Director that the waste is construction waste, the Director shall not require the person to state whether the construction waste falls within any type specified in column 3 of Schedule 2. (L.N. 165 of 2004)(5) Any person who without reasonable excuse fails to comply with an order, requirement, direction, instruction or signal given under subsection (2) or (4A), commits an offence and is liable to a fine at level 6. (L.N. 165 of 2004)(6) In this section—driving licence (駕駛執照) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374);electronic driving licence (電子駕駛執照) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374). (26 of 2025 s. 16) 5. Offence of causing disruption or disorder (1) Any person who intentionally causes disruption or disorder to the operation of a designated waste disposal facility commits an offence and is liable to a fine of $200,000 and to imprisonment for 6 months.(2) A person charged with an offence in subsection (1) has a defence if he shows that he—(a) has reasonably complied with all orders, requirements, directions, instructions or signals given by the Director, the facility operator and any designated officer and authorized officer by virtue of section 4; and (L.N. 165 of 2004)(b) has exercised all due diligence to avoid causing disruption or disorder to the operation of the designated waste disposal facility. 5A. Offences involving incorrect information A person who, in purported compliance with a requirement under section 4—(a) makes any statement or gives any information that he knows to be incorrect in a material particular;(b) recklessly makes any statement or gives any information that is incorrect in a material particular; or(c) knowingly or recklessly omits any material particular from any statement or information,commits an offence and is liable to a fine at level 6.(L.N. 165 of 2004) 6. Certificates of image recording and printing devices (1) A document in such form as may be specified by the Director purporting—(a) to be a record of the testing of the functioning, inspection or servicing of an image recording device, with or without any associated image printing device, used for the purpose of recording and, where appropriate, reproducing the images of vehicles or vessels within, entering or leaving a designated waste disposal facility, specified in the document; and (L.N. 165 of 2004)(b) to be certified by a person authorized in this behalf by the Director,shall be admitted in any criminal or civil proceedings before any court on its production without further proof.(2) On the production of a document under subsection (1)—(a) the court before which it is produced shall, in the absence of evidence to the contrary, presume—(i) that it was signed at the time and place specified therein by a person authorized by the Director;(ii) that the facts stated in the document relating to the testing of the functioning, inspection or servicing of the image recording device and the associated image printing device, if any, specified in the document are true; and(iii) that the record of the facts stated in the document was made and compiled at the time stated in the document;(b) the document shall be evidence of all other matters contained in the document; and(c) the recording and print, if any, produced by using the image recording device and the associated image printing device, where appropriate, shall be evidence of all matters contained in the document.(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the subject-matter of the document. 7. Certificates as to photographic process (1) A document in such form as may be specified by the Director purporting to be signed by a person duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received and processed by him shall, together with the photographic prints or photographic enlargements referred to in the document, be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof, and—(a) in the absence of evidence to the contrary, the court before which such document is produced shall presume that the signature to the document is genuine and that the person signing it was duly appointed under subsection (2) at the time when he signed it; and(b) such document shall be evidence of all matters contained in the document.(2) The Director may appoint in writing such persons as he thinks fit to carry out the processing of exposed film and to sign certificates under subsection (1) in relation to such processing.(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the subject-matter of the document. 8. Amendment of Schedules The Secretary may, by notice published in the Gazette, amend any of the Schedules.(78 of 1999 s. 7; L.N. 106 of 2002; L.N. 165 of 2004; L.N. 130 of 2007) Schedule 1 [ss. 2, 3B & 8 & Sch. 2](L.N. 165 of 2004; L.N. 188 of 2013)Designated Waste Disposal Facilities Item Name Address Boundaries delineated by drawing number/plan number 1. West New Territories (WENT) Landfill Nim Wan and southern side of Tsang Tsui, Tuen Mun, N.T. Drawing number245706/01/005A (L.N. 128 of 2025) 2. South East New Territories (SENT) Landfill Area 101 and Area 137, Tseung Kwan O, N.T. Drawing number90872/SP10/014 Rev. C (L.N. 187 of 2019) 3. North East New Territories (NENT) Landfill Wo Keng Shan Road, Ta Kwu Ling, N.T. Drawing number215523/01/501 Rev. A (L.N. 128 of 2025) 4. Chemical Waste Treatment Centre 51 Tsing Yi Road South, Tsing Yi, N.T. Plan numberKT 1047-DA 5. Island East Transfer Station (IETS) 10 Sun Yip Street, Chai Wan, Hong Kong. Drawing number7A/A/001 Rev. D 6. (Repealed L.N. 187 of 2019) 7. Shatin Transfer Station (STTS) 2 On Hing Lane, Shatin, N.T. Drawing number 7286/0001 Rev. C (L.N. 260 of 1998) 8. Island West Transfer Station (IWTS) 88 Victoria Road, Kennedy Town, Western District, Hong Kong. Drawing number 90833/SP15/04 (L.N. 260 of 1998) 9. West Kowloon Transfer Station (WKTS) 1 Ngong Shung Road, Kowloon. Drawing number 90364/TEN/01Rev. D (L.N. 260 of 1998; L.N. 118 of 2002) 10. North Lantau Transfer Station (NLTS) PLA No. TW353, Siu Ho Wan, North Lantau, N.T. Plan numberNANTA 80-A (L.N. 260 of 1998) 11. Outlying Islands Transfer Facilities—Cheung Chau Station (OITF-CCS) 1 Cheung Kwai Road, Cheung Chau, N.T. Plan numberISA 477-A (L.N. 260 of 1998) 12. Outlying Islands Transfer Facilities—Mui Wo Station (OITF-MuiWS) 35 Mui Wo Ferry Pier Road, Mui Wo, Lantau, N.T. Plan numberIS 3099-D (L.N. 260 of 1998) 13. Outlying Islands Transfer Facilities—Peng Chau Station (OITF-PCS) GLA IS 296 & GLA IS 335, Tai Lei Island, Peng Chau, N.T. Plan numberIS 2860-DA & Plan number IS 3093-D (L.N. 260 of 1998) 14. Outlying Islands Transfer Facilities—Hei Ling Chau Station (OITF-HLCS) Western tip of Hei Ling Chau, adjoining the cargo pier, Hei Ling Chau, N.T. Plan numberISA 490-E (L.N. 260 of 1998) 15. Outlying Islands Transfer Facilities—Yung Shue Wan Station (OITF-YSWS) Yung Shue Wan, Lamma Island, N.T. Plan numberIS 3273-D (L.N. 118 of 2002) 16. Outlying Islands Transfer Facilities—Sok Kwu Wan Station (OITF-SKWS) Sok Kwu Wan, Lamma Island, N.T. Plan numberIS 3161-D (L.N. 118 of 2002) 17. Outlying Islands Transfer Facilities—Ma Wan Station (OITF-MaWS) Pak Wan, Ma Wan, N.T., adjoining Sewage Treatment Plant. Plan numberTWA 1058-E (L.N. 118 of 2002) 18. Northwest New Territories Transfer Station (NWNTTS) Shung Tat Street, Yuen Long, N.T. Plan numberTM 3791-Db (L.N. 118 of 2002) 19. Tuen Mun Area 38 Temporary Construction Waste Sorting Facility Southern side of Tuen Mun Area 38, near River Trade Terminal, Tuen Mun, N.T. Plan numberP 20332-1 (L.N. 165 of 2004) 20. Tseung Kwan O Area 137 Temporary Construction Waste Sorting Facility Southern side of Tseung Kwan O Area 137, N.T. Plan numberP 20332-2 (L.N. 165 of 2004) 21. Tseung Kwan O Area 137 Fill Bank Eastern side of Tseung Kwan O Area 137, N.T. Plan numberP 20332-3-B (L.N. 165 of 2004; L.N. 49 of 2016; L.N. 187 of 2019) 22. Tuen Mun Area 38 Fill Bank Tuen Mun Area 38, near River Trade Terminal, Tuen Mun, N.T. Plan numberP 20332-4 (L.N. 165 of 2004) 23. (Addition not yet in operation—see L.N. 165 of 2004) 24. (Repealed L.N. 231 of 2008) 25. (Addition not yet in operation—see L.N. 165 of 2004) 26. Mui Wo Temporary Public Fill Reception Facility Mui Wo Ferry Pier Road, Mui Wo, Lantau, N.T. Plan numberP 20332-8 (L.N. 165 of 2004) 27. Chai Wan Public Fill Barging Point 11 Ka Yip Street, Chai Wan, Hong Kong. Plan numberFM 10019-32 (L.N. 231 of 2008) 28. Organic Resources Recovery Centre (Phase 1) 5 Sham Fung Road, Siu Ho Wan, North Lantau, N.T. Plan number60336238/SK4000 (L.N. 74 of 2017) 29. Organic Resources Recovery Centre (Phase 2) Kong Nga Po Road, Sha Ling, N.T. Plan numberDN546/0001 (L.N. 78 of 2023) 30. Integrated Waste Management Facilities Phase 1 Artificial island adjacent to south-western side of Shek Kwu Chau, N.T. Drawing number60236239/EP/1008A/ SK01 Rev. E (L.N. 128 of 2025) Schedule 2 [ss. 3A, 4 & 8]Types of Construction Waste Accepted at Designated Waste Disposal Facilities Item Designated waste disposal facility Type of construction waste accepted 1. (a) Landfills specified in items 1 and 3 of Schedule 1 (L.N. 188 of 2013) (b) Landfills specified in item 2 of Schedule 1 (L.N. 188 of 2013) Construction waste containing not more than 50% by weight of inert construction waste. 2. Outlying islands transfer facilities specified in items 11, 12, 13, 14, 15, 16 and 17 of Schedule 1 Construction waste containing any percentage of inert construction waste. 3. Sorting facilities specified in items 19 and 20 of Schedule 1 Construction waste containing more than 50% by weight of inert construction waste. 4. Public fill reception facilities specified in items 21, 22, 23*, 25*, 26 and 27 of Schedule 1 (L.N. 231 of 2008) Construction waste consisting entirely of inert construction waste. (Schedule 2 added L.N. 165 of 2004) Editorial Note: * Not yet in operation.