【法规名称】
【法规编号】 79695 什么是编号？
【正 文】
第8页 CAP 131 TOWN PLANNING ORDINANCE
|
[接上页] (Added 59 of 1974 s. 3) Cap 131 s 19 Comprehensive development area validation The inclusion in a plan of an area described as "(Other Specified Uses) Comprehensive Development Area" or "(Other Specified Uses) Comprehensive Redevelopment Area", and all decisions of the Board and of the Building Authority under the Buildings Ordinance (Cap 123) in relation to the area, that could have validly been included or made under this Ordinance or the Buildings Ordinance (Cap 123) had the amendments made by the Town Planning (Amendment) Ordinance 1988 (2 of 1988) been in operation at the time of the inclusion or decisions, shall not be held to be invalid by reason only that those amendments were not then in operation. (Added 2 of 1988 s. 7) Cap 131 s 20 Development permission area plans Expanded Cross Reference: 4A,5,6,7,8,9,10,11,12,13,13A Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 DEVELOPMENT PERMISSION AREAS (1) In any draft plan prepared under section 3(1)(b), the Board shall designate any area of Hong Kong, as directed by the Chief Executive, as a development permission area. (Amended 62 of 2000 s. 3) (2) The Board shall not designate as a development permission area any area that is or was previously included in a plan under this Ordinance, other than a plan prepared under section 26. (3) A draft plan referred to in subsection (1) may as in section 4(1) show or make provision within the development permission area for any of the matters specified in section 4(1) in relation to a plan prepared under section 3(1)(a). (4) Sections 4(3), 4A to 13A, 16 and 17 apply to a plan referred to in subsection (1) as they apply to a plan prepared under section 3(1)(a). <* Note - Exp. X-Ref.: Sections 4A, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13A *> (5) A plan referred to in subsection (1), whether or not it becomes an approved plan, is effective for a period of 3 years after notice of the draft plan is first published in the Gazette pursuant to section 5, but on the application of the Board the Chief Executive in Council may, by a notice published in the Gazette before the end of the 3-year period, extend the period for up to one additional year. (Amended 62 of 2000 s. 3) (6) Except as provided in subsection (7)(a) and in the definition of "unauthorized development" in section 1A, where land that is within a plan referred to in subsection (1) is included in a plan prepared under section 3(1)(a), the plan referred to in subsection (1) ceases to be effective in relation to that land. (6A) Notwithstanding that the plan referred to in subsection (1) ceases to be effective under subsection (6), sections 16, 17 and 17B shall continue to apply to applications for permission submitted under section 16 during the effective period of 3 years or the period of up to one additional year as extended by the Chief Executive in Council, as referred to in subsection (5) until the right to be considered under section 16, right of review under section 17 and right of appeal under section 17B have been exhausted, abandoned or have expired; and the Board or the Appeal Board, as the case may be, shall consider under section 16, review under section 17 or hear an appeal under section 17B in respect of the applications to the extent as shown or provided for or specified in the plan referred to in subsection (1). (Added 22 of 1994 s. 4. Amended 62 of 2000 s. 3) (7) Where land that is within a plan referred to in subsection (1) is included in a plan prepared under section 3(1)(a), no person shall undertake or continue development on that land unless- (a) the development was an existing use in relation to the plan prepared under this section; (b) the development is permitted under the plan prepared under section 3(1)(a); or (c) permission to do so has been granted under section 16 either before or after the land was included in the plan prepared under section 3(1)(a).(8) A person who contravenes subsection (7) commits an offence and is liable, in the case of a first conviction, to a fine of $500000 and, in the case of a second or subsequent conviction, to a fine of $1000000. (Replaced L.N. 300 of 1995) (Added 4 of 1991 s. 8) Cap 131 s 21 Offence of unauthorized development (1) While a plan of a development permission area is effective, no person shall undertake or continue development in the development permission area unless- (a) the development is an existing use; (b) the development is permitted under the plan of the development permission area; or (c) permission to do so has been granted under section 16.(2) A person who contravenes subsection (1) commits an offence and is liable, in the case of a first conviction, to a fine of $500000 and, in the case of a second or subsequent conviction, to a fine of $1000000. (Replaced L.N. 300 of 1995) (Added 4 of 1991 s. 8) Cap 131 s 22 Power to inspect (1) The Authority may, without warrant or notice but at a reasonable time, enter land and any premises on it for the purposes of- |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！