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[接上页] (a) 38 months beginning on the start of construction; or (b) such extended period as may be allowed by the Director- (i) on any ground specified for that purpose in the project agreement; and (ii) in accordance with that agreement. (Enacted 1995) Cap 474 s 14 Determination of date of completion For the purposes of section 13, the Company shall be deemed to have completed the construction works on the operating date. (Enacted 1995) Cap 474 s 15 Buildings Ordinance not to apply (1) Subject to subsection (2), the Buildings Ordinance (Cap 123) shall not apply in relation to the construction works. (2) The Secretary for Housing, Planning and Lands may, by notice in the Gazette, apply the Buildings Ordinance (Cap 123), or any provision thereof, to any of the construction works, except to works which are civil engineering works. (Amended L.N. 330 of 1999; L.N. 106 of 2002) (Enacted 1995) Cap 474 s 16 Utilities through the toll area PART VI CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT OF THE TAI LAM TUNNEL AND YUEN LONG APPROACH ROAD: REGULATIONS (1) Notwithstanding anything to the contrary in any other Ordinance- (a) the Company shall not install any utility within the toll area without the approval of the Commissioner except in circumstances determined for the time being under subsection (4); and (b) any other person shall not install any utility within the toll area without the consent of the Company.(2) The Company shall not give consent for the purpose of subsection (1)(b) unless the Commissioner has previously approved the giving of consent and the terms and conditions (other than a term or condition relating to charges), if any, subject to which consent is to be given. (3) The Commissioner may, in granting approval under subsection (1)(a), impose such conditions as he considers appropriate in relation to the installation by the Company of any utility within the toll area and the subsequent use by any other person of such utility. (4) The Commissioner may, for the purposes of subsection (1)(a), determine, in consultation with the Company, the circumstances in which his approval is not required for installation of utilities in the toll area, by the Company. (5) The Commissioner shall not grant his approval under subsection (1)(a) or (2) or make a determination under subsection (4) unless he is satisfied that the safety of persons using or employed in the toll area or its vicinity, and the passage of motor vehicles through the toll area, will not be adversely affected by such installation or the making of or the terms of such determination, as the case may be. (6) For the purposes of this section, in so far as it is reasonably practicable and feasible to do so, the Company shall treat all applications for the installation of utilities within the toll area- (a) fairly and in a similar manner; and (b) shall, subject to subsection (2), impose similar terms and conditions (including charges), as regards such installation.(7) Subsection (6) shall not be construed as preventing the Company, after considering an application referred to in that subsection- (a) from refusing to consent to the relevant installation for the reason that the application- (i) is not made in good faith; or (ii) is made by a person who has no real interest in such installation; or(b) from imposing any condition as regards an application where it is reasonable to do so.(8) The Company shall afford, to the owner or person having the control of any utility in the toll area, reasonable access to such utility. (Enacted 1995) Cap 474 s 17 Power to make regulations (1) The Secretary for the Environment, Transport and Works may by regulation- (Amended L.N. 106 of 2002) (a) specify requirements in relation to the provision by the Company of adequate, efficient, safe and continuous facilities for the passage of motor vehicles through the toll area; (b) in relation to the safety of persons using or employed in the toll area, specify requirements to be complied with by the Company and make other provision including requirements or provisions relating to fire hazards or prevention of concentration of carbon monoxide or other dangerous gases; (c) specify requirements to be complied with by the Company and make other provision, regarding lighting, including emergency lighting and visibility in the toll area; (d) provide for the regulation of the noise level generated by any ventilation plant associated with the Tai Lam Tunnel and Yuen Long Approach Road; (e) provide for the powers of the personnel provided by the Company for the control, restriction and safety of traffic in the toll area; (f) provide for the circumstances under and extent to which police officers may take over the control and restriction of traffic in the toll area; (g) regulate the priority of vehicles passing through the toll area; (h) provide for any records to be kept by the Company in addition to those specified in section 25; (i) require the Company to provide signs of such description, specifications and other particulars as may be specified in the regulation to indicate the toll area and the application of the regulation in respect of that area; |