【法规名称】
【法规编号】 79240 什么是编号？
【正 文】
第7页 CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION
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[接上页] (a) in the absence of evidence to the contrary the court before which such document is produced shall presume- (i) that the document is certified by such person; and (ii) that the facts stated in the document relating to such notice are true; and(b) such document shall be evidence of all matters contained in the document. (Enacted 1994) Cap 358AL s 29 Certain Ordinances not to apply Remarks: Amendments retroactively made - see 29 of 1998 s. 76 (1) Except to the extent that provision is otherwise made in this Regulation- (a) the Lands Resumption Ordinance (Cap 124) shall not apply to any claim for a determination, award or payment of compensation for the resumption of any land ordered under this Regulation; and (29 of 1998 s. 76) (b) the Buildings Ordinance (Cap 123) shall not apply to anything done under this Regulation for the purpose of giving rise to any claim for compensation.(2) Part VIII of the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap 123 sub. leg.) shall not apply to anything done pursuant to this Regulation. (Enacted 1994) Cap 358AL Sched 1 COMPENSATION RIGHTS AND ASSESSMENT [sections 11, 12, 13, 14 & 22] PART I Item Matters for which compensation may be claimed Basis on which compensation is to be assessed Persons who may claim compensation for their respective losses Period within which the claim shall be served on the Secretary 1. (a) Physical or structural damage to any land or building resulting from any works undertaken by the Authority- (i) under Part II of this Regulation; or (ii) under Part IV of this Regulation, but only if attributable to the negligence of the Authority. The expense which is fairly and reasonably incurred in repairing the damage and any expense fairly and reasonably incurred in preventing or mitigating the damage. Any person owning a compensatable interest in the land or building. Before the expiration of 1 year from the date of the completion of the works. (b) Disturbance resulting from the structural damage mentioned in paragraph (a). A disturbance payment. Same as in paragraph (a). Same as in paragraph (a). 2. The resumption of land under section 13 of the Roads (Works, Use and Compensation) Ordinance (Cap 370). As if the claim were made under the Crown Lands Resumption Ordinance (Cap 124) for land resumed under that Ordinance. Any person who would be entitled to claim compensation for land resumed under the Crown Lands Resumption Ordinance (Cap 124) if the land had been resumed under that Ordinance. Before the expiration of 1 year from the date of resumption. 3. (a) The creation of an easement or other permanent right or a right of temporary occupation under section 15 of the Roads (Works, Use and Compensation) Ordinance (Cap 370). (i) In the case of an easement or other permanent right, the amount by which the open market value of the claimant's interest in the land is diminished. Any person owning a compensatable interest in the land. Before the expiration of 1 year from the date on which the easement or right is created. (ii) In the case of the creation of a right of temporary occupation, the amount of an open market rent for the claimant's interest in the land occupied during the period of the easement. (b) Disturbance resulting from the creation of an easement or other permanent right or a right of temporary occupation under section 15 of the Roads (Works, Use and Compensation) Ordinance (Cap 370). A disturbance payment. Same as in paragraph (a). Same as in paragraph (a). 4. (a) The extinction, by the operation of section 13(3) of the Roads (Works, Use and Compensation) Ordinance (Cap 370), of any easement in favour of land not resumed when adjacent or contiguous land is resumed. The expense fairly and reasonably incurred in remedying or mitigating the effect of the extinction of the easement, as far as may be practicable, and any diminution in the open market value of the claimant's interest in the land not resumed after such expense has been incurred. Any person owning a compensatable interest in the land not resumed. Before the expiration of 1 year from the date of resumption of the adjacent or contiguous land. (b) Disturbance resulting from the extinction of that easement. A disturbance payment. Same as in paragraph (a). Same as in paragraph (a). 5. The closure of, or extinction, modification or restriction of a private right in respect of, a road or part of a road under section 17 of the Roads (Works, Use and Compensation) Ordinance (Cap 370), so that access to any land is adversely affected. (a) The expense fairly and reasonably incurred in remedying or mitigating the effect of such closure, extinction, modification or restriction, as far as may be practicable, and any diminution in the open market value of the claimant's interest in the land after such expense has been incurred. Any person owning a compensatable interest in the land. |
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