【法规名称】
【法规编号】 79472 什么是编号？
【正 文】
第3页 CAP 476 MARINE PARKS ORDINANCE
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[接上页] (a) the person carrying out such new development; or (b) the person for whom such new development has been or is being carried out or his agent,require- (i) the carrying out of such new development to cease forthwith; and (ii) where appropriate, remedial and restoration work to be carried out at that person's expense within such time as may be specified in the order.(4) If a person fails to comply with any requirement under subsection (3)(i) or (ii), the Authority may, without further notice, carry out, or cause to be carried out, such work as may be necessary to ensure that the requirement is complied with. (5) The cost of any work carried out, or caused to be carried out, by the Authority under subsection (4) shall be recoverable, as a civil debt due to the Government, from the person or persons referred to in subsection (3)(a) or (b) or both irrespective of on whom the order under subsection (3) has been served. (6) Any person who- (a) carries out any new development within any proposed marine park or proposed marine reserve without the prior approval of the Authority; or (b) fails to comply with an order served on him under subsection (3),commits an offence and is liable on conviction- (i) to a fine at level 5 and to imprisonment for 1 year; and (ii) to a fine of $5000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Enacted 1995) Cap 476 s 10 Approval for new development (1) An application for approval by the Authority under section 9 to carry out new development shall be made to the Authority in writing which application shall include details of the proposal for the new development. (2) The Authority may require the applicant to produce any additional information as the Authority may consider necessary. (3) Upon receipt of an application under subsection (1) and any additional information under subsection (2) if required, the Authority may, after seeking the advice of the Board- (a) refuse to grant the approval; or (b) grant such approval which may be subject to such conditions as the Authority may impose.(4) The granting of approval by the Authority under subsection (3)(b) shall be in addition to any other approval which may be required in respect of the new development. (Enacted 1995) Cap 476 s 11 Appeal (1) An applicant aggrieved by a decision of the Authority under section 10(3) may, within 21 days of being notified of the decision of the Authority, appeal to the Administrative Appeals Board. (2) Upon consideration of an appeal under subsection (1) the Administrative Appeals Board may confirm, vary or reverse the decision of the Authority. (3) A decision of the Authority under section 10(3)(b) against which an appeal is brought under subsection (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Authority, be contrary to the public interest and the notice of the decision contains a statement to that effect. (Enacted 1995) Cap 476 s 12 Objections (1) Any person aggrieved by a draft map available for inspection under section 8 may within the period of 60 days referred to in section 8(3) send to the Authority a written statement of his objection to the draft map. (2) A written statement under subsection (1) shall set out- (a) the nature of and reasons for the objection; and (b) if the objection would be removed by an alteration to the draft map, any alteration proposed.(3) Where the Authority receives a written statement of objection under subsection (1), he may within 90 days from the date of publication of the notice concerned under section 8(1) submit to the Secretary of the Board his written representations concerning such objection. (4) Upon receipt of an objection under subsection (1) and any representations by the Authority under subsection (3), the Secretary of the Board shall fix a time and place for the hearing of the objection by the Board and shall give 14 clear days' notice thereof to the objector. (5) The objector may attend the meeting of the Board at which the objection is to be heard, and may be heard in person or by his authorized representative. (6) Upon the hearing of the objection, the Board may- (a) reject the objection in whole or in part; or (b) direct the Authority to make amendments to the draft map to meet such objection in whole or in part.(7) Where the Board rejects the objection under subsection (6)(a), the Secretary of the Board shall notify in writing the objector of the Board's decision. (Enacted 1995) Cap 476 s 13 Submission of draft map to Chief Executive in Council Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 The Authority shall, within 6 months from the last day of the period during which objections under section 12 may be lodged, submit the draft map to the Chief Executive in Council for approval, and shall at the same time submit- (Amended 34 of 2000 s. 3) |
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