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[接上页] (b) if the declaration relates to a proposed monument within private land- (i) register the declaration in the Land Registry; (Amended 8 of 1993 s. 2) (ii) serve on the owner and any lawful occupier of the private land a copy of the notice of declaration, together with a copy of the plan; and (iii) fix to the private land a copy of the notice of declaration and a copy of the plan.(5) The Authority shall- (a) keep available at his office, for public inspection at all reasonable times, a copy of every plan deposited under subsection (4); and (b) at the request of the owner or a lawful occupier of a proposed monument which is shown on a plan so deposited, deliver a copy of the plan free of charge to the owner or occupier. (Added 38 of 1982 s. 3) Cap 53 s 2B Duration of declaration of proposed monument Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) Subject to subsection (2), a declaration made under section 2A shall have effect for a period of 12 months from the making of it unless earlier withdrawn by the Authority. (2) Except in the case of a declaration relating to a proposed monument within private land, the Authority may from time to time, after consultation with the Board and with the approval of the Chief Executive, extend the period referred to in subsection (1) by 12 months: (Amended 59 of 2000 s. 3) Provided that no single extension shall exceed 12 months. (Added 38 of 1982 s. 3) Cap 53 s 2C Objection to declaration of proposed monument within private land Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) The owner or any lawful occupier of private land within which a proposed monument has been declared may at any time apply to the Authority for withdrawal of the declaration. (2) Within one month of receipt of the application the Authority shall- (a) withdraw the declaration; or (b) refuse the application,and shall forthwith notify the owner or occupier of his decision. (3) Within one month of being notified of the Authority's decision the owner or occupier may by petition to the Chief Executive object to the declaration. (4) The Chief Executive, upon considering an objection made under subsection (3), may direct that- (a) the declaration be withdrawn; or (b) the objection be referred to the Chief Executive in Council.(5) The Chief Executive in Council, upon considering an objection referred to him under subsection (4), may direct that- (a) the declaration shall stand; (b) the declaration shall stand, subject to such variations or conditions as he thinks fit; or (c) the declaration be withdrawn.(6) A direction of the Chief Executive under subsection (4) or of the Chief Executive in Council under subsection (5) shall be final. (Added 38 of 1982 s. 3. Amended 59 of 2000 s. 3) Cap 53 s 3 Declaration of monuments and plans thereof Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) Subject to section 4, the Authority may, after consultation with the Board and with the approval of the Chief Executive, by notice in the Gazette, declare any place, building, site or structure, which the Authority considers to be of public interest by reason of its historical, archaeological or palaeontological significance, to be a monument, historical building or archaeological or palaeontological site or structure. (Amended 38 of 1982 s. 4. 59 of 2000 s. 3) (2) A declaration under subsection (1) may include as part of a monument any land adjoining the place, building, site or structure required for fencing, covering or protecting the monument or for providing or facilitating access thereto. (3) A notice under subsection (1) shall include a reference to the appropriate plan deposited under subsection (4). (4) The Authority shall, before publication of a declaration under subsection (1)- (a) sign and deposit in the appropriate Land Registry a plan clearly showing the situation of the place, building, site or structure intended by the Authority to be declared to be a monument; and (Amended 38 of 1982 s. 4) (b) if the declaration relates to a monument within private land, register the declaration in the Land Registry. (Amended 8 of 1993 s. 2)(5) The Authority shall- (a) keep available at his office, for public inspection at all reasonable times, a copy of every plan deposited under subsection (4); and (b) at the request of the owner or a lawful occupier of a monument which is shown on a plan so deposited, deliver a copy of the plan free of charge to the owner or occupier. Cap 53 s 4 Objection to declaration of monument within private land Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) If a place, building, site or structure intended by the Authority to be declared a monument is within private land, then, prior to the making of the declaration, the provisions of this section shall have effect. (2) The Authority shall serve on the owner and any lawful occupier of the private land a notice in writing of his intention to declare a monument therein, together with a plan clearly showing the situation of the intended monument. |