【法规名称】
【法规编号】 68747 什么是编号？
【正 文】
第8页 CAP 519 RAILWAYS ORDINANCE
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[接上页] (3) The powers of the Building Authority under subsection (1) arise as soon as a scheme or an amendment to a scheme has been deposited under section 6. (4) As soon as reasonably practicable after the Chief Executive in Council has authorized the scheme under this Ordinance, the Building Authority must- (Amended 62 of 1999 s. 3) (a) review any action required under subsection (1); (b) vary such action so that it is consistent with the authorization.(5) The Building Authority, when acting under subsection (1), must advise the person who intends to carry out the building works on land described in the scheme the particulars of which he is of the opinion that the building works would be incompatible with the scheme. (6) The owner of land specified in subsection (5) may, by notice in writing to the Secretary, require that the land be resumed under this Ordinance where- (a) the Building Authority refuses to give his approval to any plan or to consent to the commencement of any building works or withdraws any approval or consent under subsection (1)(a), (b) or (e); and (b) the Building Authority maintains a refusal or withdrawal after reviewing his action; and (c) the Building Authority advises that any building works on the land specified by him would be incompatible with the scheme; and (d) the building works and any related plan are consistent with the Government lease or other instrument under which the land is held and with any law or requirement made under any law.(7) The owner of land specified in subsection (5) may, by notice in writing to the Secretary, require that the land be resumed under this Ordinance where- (a) the Building Authority imposes a condition delaying building works as described in subsection (1)(d); and (b) the Building Authority maintains that condition after reviewing his action; and (c) the Building Authority advises that, for the time being, building works on the land specified by him would be incompatible with the scheme; and (d) the Building Authority does not, on application in writing made not less than 2 years after imposition of that condition, grant approval and consent to commence the building works to allow them to commence within 12 months; and (e) the building works and any related plan are consistent with the Government lease or other instrument under which the land is held and with any law or requirement made under any law.(8) Where the owner gives notice as described in subsection (6) or (7), the Chief Executive is required, unless the notice is withdrawn, to order the resumption of the land mentioned in subsection (6)(c) or (7)(c) not more than 28 days after receipt of the notice by the Secretary. The period of notice specified in the order for resumption of the land is not to be longer than 28 days. (Amended 62 of 1999 s. 3) (9) A person with a compensatable interest in land specified in subsection (5) may apply to the Chief Executive in Council for an order that the land be resumed under this Ordinance and the Chief Executive in Council may, if he thinks it just and equitable to do so, order the resumption where- (Amended 62 of 1999 s. 3) (a) the Building Authority imposes a condition delaying building works as described in subsection (1)(d); and (b) the Building Authority maintains that condition after reviewing his action; and (c) the Building Authority advises that, for any period specified by him, building works on the land specified by him would be incompatible with the scheme; and (d) the building works and any related plan are consistent with the Government lease or other instrument under which the land is held and with any law or requirement made under any law.(10) Where the Chief Executive in Council makes an order under subsection (9), the Chief Executive is required to order the resumption of the land specified in subsection (9)(c) not more than 28 days after the order was made. The period of notice specified in the order for resumption of the land is not to be longer than 28 days. (Amended 62 of 1999 s. 3) Cap 519 s 28 Resumption of land on application Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive may, on the application of any person having a compensatable interest in land that is contiguous or adjacent to land that is resumed, any road that is closed or any private right that is extinguished, modified or restricted, order the resumption of that contiguous or adjacent land, whether or not that land is within the boundaries of the scheme, if the Chief Executive is of the opinion that- (a) that land, road or right is reasonably necessary to the use and enjoyment of any contiguous or adjacent land; and (b) it would be just and equitable to make an order for that contiguous or adjacent land to be resumed.(2) A person aggrieved by a decision of the Chief Executive not to order resumption under subsection (1) may apply to the Lands Tribunal to review the decision. (3) On an application under subsection (2), the Lands Tribunal may, if it is satisfied as to the facts mentioned in subsection (1), order the resumption of the land, whether or not that land is within the boundaries of the scheme and compensation for the resumption is to be assessed under this Ordinance. |
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