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[接上页] 2. 16 of 1998 came into operation on 14 April 1998. Cap 131 s 7 Amendment of draft plan by Board otherwise than consequent upon an objection Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) In addition to the power of amendment contained in section 6, the Board may, at any time after exhibition of a draft plan under section 5 and before approval by the Chief Executive in Council under section 9, make amendments to a draft plan. (Amended 62 of 2000 s. 3) (2) Every amendment to a draft plan made under this section shall be exhibited by the Board for public inspection at reasonable hours for a period of 3 weeks and during such period the Board shall advertise twice a week in a local newspaper and shall notify in each issue of the Gazette the amendment to the draft plan and the hours at which such amendment may be inspected. (3) The Board shall supply a copy of an amendment to a draft plan made under this section to any person on payment of such fee as the Board may determine. (4) Any person affected by an amendment to a draft plan made under this section may object within the said period of 3 weeks in manner provided by section 6(1) and (2) and the provisions of section 6(3) to (9) shall thereupon apply. (Added 59 of 1969 s. 5) Cap 131 s 8 Submission of considered draft plan to Chief Executive in Council Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) After consideration of all objections, the Board shall submit the draft plan, with or without amendments, to the Chief Executive in Council for approval, and shall submit therewith- (Amended 16 of 1998 s. 4; 62 of 2000 s. 3) (a) a schedule of the objections (if any) made under section 6 and not withdrawn; (b) a schedule of the amendments (if any) made by the Board with a view to meeting such objections. (Amended 59 of 1969 s. 6)(2) A submission to the Chief Executive in Council under subsection (1) shall- (a) in the case where the Board does not make amendments to the draft plan under section 7, be made before the expiration of a period of 9 months after the expiration of the period of 2 months mentioned in section 5; and (b) in the case where the Board does make amendments to the draft plan under section 7, be made before the expiration of a period of 9 months after the expiration both, of the period of 2 months mentioned in section 5 and of the period of 3 weeks mentioned in section 7,or in either case, such further period, being not more than 6 months, after the expiration of either period of 9 months as the Chief Executive may, on application by the Board, allow in any particular case. (Added 16 of 1998 s. 4) ________________________________________________________________________________ Notes: 1. Please see the transitional provisions contained in s. 5 of 16 of 1998, which section is reproduced as follows: "5. Transitional The amendments effected by this Ordinance shall not apply in respect of- (a) a draft plan which, prior to the commencement of this Ordinance, has been exhibited under section 5; or (b) an amendment to a draft plan which, prior to the commencement of this Ordinance, has been exhibited under section 7,of the Town Planning Ordinance (Cap 131).". 2. 16 of 1998 came into operation on 14 April 1998. Cap 131 s 9 Powers of Chief Executive in Council upon submission Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) Upon submission of a draft plan the Chief Executive in Council may- (Amended 62 of 2000 s. 3) (a) approve it; (b) refuse to approve it; (c) refer it to the Board for further consideration and amendment.(2) The Chief Executive in Council may approve a draft plan notwithstanding that any requirements of this Ordinance applicable thereto have not been complied with. (Amended 62 of 2000 s. 3) (3) A draft plan approved as aforesaid is hereinafter referred to as an "approved plan". (4) The Chief Executive in Council may by notification in the Gazette correct any omission from or error in any approved plan. (Amended 62 of 2000 s. 3) (5) On such approval being given the approved plan shall be printed and exhibited for public inspection at such place as the Board may consider suitable and the fact of such approval and exhibition shall be notified in the Gazette. (6) The Board shall supply a copy of any approved plan to any person on payment of such fee as the Board may determine. Cap 131 s 10 Refusal to approve plan Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 If the Chief Executive in Council refuses to approve a draft plan such refusal shall be notified in the Gazette; but any such refusal shall be without prejudice to the preparation of a new draft plan and the submission of the same. (Amended 62 of 2000 s. 3) Cap 131 s 11 Deposit of copies of approved plan A copy of the approved plan, certified by the Chairman of the Board shall be deposited in the Land Registry and shall be available for inspection without payment of any fee. The Land Registrar shall cause to be posted and prominently displayed in the Land Registry notices in English and Chinese directing attention thereto. |