【法规名称】
【法规编号】 79240 什么是编号？
【正 文】
第3页 CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION
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[接上页] (8) The owners of the multi-owner facility shall be jointly and severally liable for any costs incurred by the Authority in taking over and operating the facility under this section, regardless of whether any of the owners has been convicted of an offence under section 27, and such costs shall be recoverable as a civil debt due to the Crown. (Enacted 1994) Cap 358AL s 9 No right to compel or restrain PART V RIGHTS TO COMPENSATION No action, claim or proceedings shall lie or be brought against the Government or any other person to restrain the doing of anything which is authorized by or under this Regulation or to compel the doing of anything which may be omitted to be done under this Regulation. (Enacted 1994) Cap 358AL s 10 No recovery of money except under this Regulation No action, claim or proceedings shall lie or be brought against the Crown or any other person to recover damages, compensation or costs for- (a) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; (b) personal disturbance or inconvenience; (c) extinguishment, modification or restriction of rights; (d) the costs of effecting or complying with any requirement or condition imposed by the Authority,which is authorized by or under this Regulation or arises from any act or omission so authorized, except in pursuance of one of the rights to compensation provided for in section 11. (Enacted 1994) Cap 358AL s 11 Compensation (1) The compensation referred to in section 10 is the right to recover from the Government for the matters set out in column 2 of Part I of Schedule 1 an amount assessed on the basis specified opposite such matters in column 3 of that Part and with regard to Part II of Schedule 1, subject to- (a) the claim being served on the Secretary within the period specified in column 5 of Part I of Schedule 1; and (b) the other provisions of this Regulation.(2) Every person who is described in column 4 of Part I of Schedule 1 has the right to recover compensation for the matters set out opposite such person in column 2 to the extent suffered or incurred by him as assessed under this Regulation. (3) The rights to compensation mentioned in Schedule 1 shall exist in addition to any benefit accruing to a claimant as a result of the implementation of any subsisting conditions imposed by the Governor in Council under section 11(2) of the Roads (Works, Use and Compensation) Ordinance (Cap 370) as applied by section 26 of this Regulation. (Enacted 1994) Cap 358AL s 12 Claims out of time (1) Subject to subsection (2) and section 13, if a claim or an amendment to a claim is not served on the Secretary before the expiry of the period specified in column 5 of Part I of Schedule 1 in respect of that matter, the right to claim compensation for the matter is barred. (2) The period referred to in subsection (1) may, on application made to the Lands Tribunal either before or after the expiry of that period, be extended in accordance with this section. (3) Notice of an application under subsection (2) shall be given to the Secretary by the applicant. (4) The Lands Tribunal may extend the period within which a claim must be served on the Secretary if it considers that the delay in serving the claim was caused by mistake of fact or law (other than the relevant provision in column 5 of Part I of Schedule 1) or by any other reasonable cause or that the Crown is not materially prejudiced in the conduct of its case or otherwise by the delay. (5) An extension may be granted by the Lands Tribunal under subsection (4), with or without conditions, for a period it considers appropriate but not in any case exceeding 6 years from the time when the right to compensation first arose. (Enacted 1994) Cap 358AL s 13 Claims out of time where order made under Cap 370 Without prejudice to section 12, where an order has been made under section 13(1), 15(1) or 17(1) of the Roads (Works, Use and Compensation) Ordinance (Cap. 370) and notice of the order has not been served in accordance with section 14(1)(a), 16(1)(a) or 18(1)(a) respectively of that Ordinance, the Secretary may, if satisfied that the claimant has not had actual notice of the order, accept service of a claim after the period specified in column 5 of Part I of Schedule 1 for service, and if he does so, the claim shall be deemed to have been served within that period. (Enacted 1994) Cap 358AL s 14 Service of claims PART VI COMPENSATION CLAIMS PROCEDURES (1) Any person who claims to be entitled to compensation under this Regulation shall serve on the Secretary a written claim setting out such of the following particulars as are applicable to his claim- (a) the name of the claimant, and his address for service of notices; (b) a full description of the land to which the claim relates including any covenants, easements, rights or restrictions affecting the land; (c) the nature of the claimant's interest in the land including, in the case of a sub-lessee or sub-tenant, his landlord's name and address and details of the sub-lease or sub-tenancy; |
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