【法规名称】
【法规编号】 79240 什么是编号？
【正 文】
第8页 CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION
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[接上页] Before the expiration of 1 year from the closure, extinction, modification or restriction. (b) A disturbance payment. 6. (a) The extinction, modification or restriction of any private right over Crown foreshore or sea-bed under section 17 of the Roads (Works, Use and Compensation) Ordinance (Cap 370). The amount which is fairly and reasonably assessed to be the open market value of the right and, where the claimant has a compensatable interest in adjacent or contiguous land, any diminution in the open market value of that interest. Any person in whom the private right is vested. Before the expiration of 1 year from the date of extinction, modification or restriction. (b) Disturbance resulting from that extinction, modification or restriction. A disturbance payment. Same as in paragraph (a). Same as in paragraph (a). 7. (a) Physical or structural damage to any land or building resulting from the exercise of any power contained in section 19 of the Roads (Works, Use and Compensation) Ordinance (Cap 370). 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 completion of the operations carried out under section 19 of the Roads (Works, Use and Compensation) Ordinance (Cap 370) from which the damage is alleged to have resulted. (b) Disturbance resulting from the exercise of any power contained in section 19 of the Roads (Works, Use and Compensation) Ordinance (Cap 370). A disturbance payment. Same as in paragraph (a). Same as in paragraph (a). 8. (a) The removal, under section 21 of the Roads (Works, Use and Compensation) Ordinance (Cap 370), of any object or structure which was erected and maintained without the contravention of any Ordinance or Crown lease. Any diminution in the open market value of the claimant's interest in the land or building; and the expense which is fairly and reasonably incurred in moving the object or structure and making good that part of the building from which it is removed. Any person owning a compensatable interest in the land or building. Before the expiration of 1 year from the date of removal. (b) Reinstating an object or structure described in paragraph (a) or of replacing the same with a similar object or structure. The expense fairly and reasonably incurred in so doing in so far as that expense is not taken into account under paragraph (a). Same as in paragraph (a). Before the expiration of 1 year from the date of reinstatement or replacement. (c) The loss sustained in respect of an object or structure which was erected and maintained without the contravention of any Ordinance or Crown lease and is not to be reinstated or replaced with a similar object or structure. The amount which is fairly and reasonably estimated as the value of the object or structure. Any person owning a share or interest in the object or structure. Before the expiration of 1 year from the date of removal. (d) Disturbance resulting from the exercise of any power contained in section 21 of the Roads (Works, Use and Compensation) Ordinance (Cap 370). A disturbance payment. Same as in paragraph (a). Same as in paragraph (a). 9. An amendment required or a condition imposed, under section 22(1)(c) or (d) of the Roads (Works, Use and Compensation) Ordinance (Cap 370), (other than a condition mentioned in section 22(6) of that Ordinance), to avoid incompatibility with the works. The amount which is fairly and reasonably estimated as the loss to the claimant, including- (i) any additional expense fairly and reasonably incurred in carrying out building works; and (ii) professional fees and expenses, which loss, expense, fees and expenses are attributable solely to compliance with the amendment required or the condition imposed. (L.N. 281 of 1998) The owner of the land on which the building works are carried out. Before the expiration of 1 year from the completion of the building works. 10. Physical or structural damage or disturbance resulting from the restoration of waters undertaken by the Authority under section 13A of the Ordinance, but in the case of a person convicted of an offence referred to in subsection (1) of that section, limited to damage attributable to the negligence of the Authority. Same as in item 1(a) and (b). Same as in item 1(a) and (b). Same as in item 1(a) and (b). PART II 1. General effect of this Part The provisions in this Part shall, where applicable, have effect for the purpose of assessing compensation under Part I and shall- (a) be in addition to such of the provisions of the Lands Resumption Ordinance (Cap 124) as apply, by virtue of Part I, to the assessment of compensation; and (29 of 1998 s. 76) (b) prevail over any provision referred to in paragraph (a) which is inconsistent or in conflict with a provision in this Part. |
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