【法规名称】
【法规编号】 79472 什么是编号？
【正 文】
第5页 CAP 476 MARINE PARKS ORDINANCE
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[接上页] (i) the term "new development" (新发展工程) in sections 9 and 10 and subsection (6) means new development carried out within the proposed area of extension of the marine park or marine reserve, as the case may be, and in its definition in section 2, the reference to the publication in the Gazette of a notice under section 8(1) shall be construed as reference to the publication of a notice pursuant to this subsection in the Gazette in the manner described in section 8(1); and (ii) in section 9(2), the reference to the publication in the Gazette of a notice under section 14(2) or an order under section 15 shall be construed as reference to publication in the Gazette of a notice pursuant to this subsection in the manner described in section 14(2) or an order under subsection (8)(a)(i).(6) Any person who- (a) carries out any new development within any proposed area of extension of any marine park or marine reserve without the prior approval of the Authority; or (b) fails to comply with an order served on him pursuant to subsection (5) in the manner described in section 9(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.(7) Upon approval of the replacement map or revocation map by the Chief Executive in Council, the map referred to the Authority under subsection (1) shall be- (Amended 34 of 2000 s. 3) (a) replaced by the replacement map; or (b) revoked,as the case may be. (8) Where the Chief Executive in Council has approved- (Amended 34 of 2000 s. 3) (a) a replacement map and it has been deposited in the manner described in section 14(5), the Chief Executive shall by order in the Gazette- (Amended 34 of 2000 s. 3) (i) designated the area of extension shown in the approved replacement map to be a marine park or marine reserve being part of the original marine park or marine reserve, as the case may be, shown in the map replaced; or (ii) cancel the designation of the marine park or marine reserve, as the case may be, shown in the map replaced to the extent that it relates to the area of excision shown in the approved replacement map; or(b) a revocation map and it has been deposited in the manner described in section 14(5), the Chief Executive shall by order in the Gazette cancel the designation of the marine park or marine reserve, as the case may be, shown in the approved revocation map. (Amended 34 of 2000 s. 3) (Enacted 1995) Cap 476 s 17 Resumption of land Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 89; 34 of 2000 s. 3 PART IV MISCELLANEOUS (1) Where the Chief Executive in Council decides that the resumption of any land is required for the purpose of any marine park or marine reserve, the Chief Executive may order the resumption thereof in accordance with the provisions of the Lands Resumption Ordinance (Cap 124). (Amended 34 of 2000 s. 3) (2) A resumption in pursuance of an order under subsection (1) shall be deemed to be a resumption for a public purpose within the meaning of the Lands Resumption Ordinance (Cap 124). (Enacted 1995. Amended 29 of 1998 s. 89) Cap 476 s 18 Exclusion Remarks: Amendments retroactively made - see 29 of 1998 s. 90 (1) This Ordinance shall not apply in respect of any land within a marine park or marine reserve- (a) subject to subsection (3), held under a Government lease existing before the publication in the Gazette of a notice under section 8(1) in respect of that marine park or marine reserve, as the case may be, until the expiration of such lease; or (Amended 29 of 1998 s. 90) (b) occupied under a licence or a deed or memorandum of appropriation issued under the Land (Miscellaneous Provisions) Ordinance (Cap 28) before the publication in the Gazette of a notice under section 8(1) in respect of that marine park or marine reserve, as the case may be, until the expiration of the validity period of such licence or deed or memorandum of appropriation, (Amended 29 of 1998 s. 90)and for the purpose of this subsection, a marine park or marine reserve includes a proposed marine park or proposed marine reserve, or a proposed area of extension of a marine park or marine reserve, as the case may be. (2) For the avoidance of doubt, nothing in this Ordinance shall be construed to the prejudice of the Shipping and Port Control Ordinance (Cap 313) and the Water Pollution Control Ordinance (Cap 358). (3) Nothing in subsection (1)(a) shall prevent an order from being made under section 17(1) for the resumption of any land referred to in subsection (1)(a) and this Ordinance shall apply to the land resumed in pursuance of such order. (Enacted 1995) Cap 476 s 19 Extinguishment of rights (1) Upon the publication in the Gazette of an order under section 15 or 16(8)(a)(i), all rights existing under common law in relation to any land, the sea or any tidal water within the area of the marine park or marine reserve concerned shall be extinguished and cease to exist. |
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