【法规名称】
【法规编号】 79102 什么是编号？
【正 文】
第5页 CAP 215 EASTERN HARBOUR CROSSING ORDINANCE
|
[接上页] PART V DUTIES OF THE ROAD COMPANY AND THE GOVERNMENT IN CARRYING OUT THE PROJECT (1) The Road Company shall, at its own expense, carry out the construction works in accordance with the project agreement and this Ordinance and within the period specified in section 17. (2) For the purposes of section 5(1)(a) any railway works constructed by the Road Company in pursuance of the duty imposed by this section shall be deemed to have been carried out on behalf of and for the benefit of the Rail Company, and nothing in subsection (1) of this section shall prevent the expense referred to in that subsection being apportioned between the Road Company and the Rail Company in such reasonable manner as they may agree. (Enacted 1986) Cap 215 s 16 Start of construction (1) The Road Company shall not commence the construction works before such date as may be agreed between the Director and the Road Company or, in the absence of agreement, as the Director may determine. (2) The Director shall cause a notice to be published in the Gazette specifying the date of commencement of the construction works as agreed or determined under subsection (1). (Enacted 1986) Cap 215 s 17 Period within which works must be completed (1) Subject to this section, the Road Company shall complete the construction works within 42 months from the start of construction or within such extended period as may be approved by the Governor in Council. (2) If the Road Company fails, or appears to be likely to fail, to complete the construction works within the period specified in subsection (1), the Governor in Council shall, in considering whether or not to exercise its powers under subsection (1), take into account the extent to which the construction works have been carried out and whether such failure was or is occasioned by circumstances beyond the control of the Road Company (the want of sufficient funds not being regarded as a circumstance beyond its control). (3) The Director may, by notice to the Road Company, allow such time additional to the time specified in subsection (1) as he may determine in the event of- (a) storm, flood, natural disaster or other similar event; (b) war, insurrection or riot; (c) the interruption of the works due to the non-availability of equipment or materials essential to the construction works or the interruption for reasons beyond the control of the Road Company of the supply of equipment or materials to the works; (d) any default or unreasonable delay by the Government or its agents in doing anything they are required to do by this Ordinance; (e) the undertaking by the Road Company at the request of the Government of any works which are not construction works at the commencement of this Ordinance, where such undertaking delays the carrying out of the construction works; (f) any direction under section 32(2) which is inconsistent with any approval or exemption previously given by the Director under Part VI; (g) any other event which, in the opinion of the Director, could not reasonably have been foreseen by the Road Company at the time when it entered into the project agreement,and he shall allow such time where this is required by the terms of any agreement between the Government and the Road Company for the execution of any works by the Road Company which are not construction works at the commencement of this Ordinance, and any period of time so allowed shall be deemed to extend the period specified in subsection (1) or, as the case may be, that period as extended under that subsection by the period so determined. (Enacted 1986) Cap 215 s 18 Determination of date of completion For the purposes of section 17(1) the date when the Road Company shall be deemed to have completed the construction works shall be either the road operating date or the rail operating date, whichever event last occurs. (Enacted 1986) Cap 215 s 19 Land required for the project (1) The Government shall, upon the start of construction or such other date, whether earlier or later, as may be agreed between the Road Company and the Director, permit the Road Company, its contractors and agents without charge to enter for the purpose of carrying out, and to carry out, the construction works- (a) the land where the construction works are to be undertaken; and (b) any land contiguous thereto, as agreed between the Road Company and the Director or, in the absence of such agreement, as the Director may determine, being land temporarily required to facilitate the undertaking of the construction works.(2) The Government shall, upon the start of construction or such other date as may be agreed between the Road Company and the Director, permit the Road Company to enter for the purpose of carrying out, and to carry out, the construction works, land other than the land referred to in subsection (1) on payment of such sum, and on such reasonable terms and conditions, as the Director of Lands may determine: Provided that in determining any such sum the Director of Lands shall be guided by the practice of the Government in relation to the making of similar land available to persons other than the Road Company. (Amended L.N. 291 of 1993) |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！