【法规名称】
【法规编号】 79725 什么是编号？
【正 文】
第4页 CAP 28 LAND (MISCELLANEOUS PROVISIONS) ORDINANCE
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[接上页] (1) Except under and in accordance with a prospecting licence, mining licence or sand removal permit, or a lease, licence, deed of appropriation, memorandum of appropriation or engineering conditions for land allocation, issued by the Director of Lands, a person shall not make or maintain any excavation in unleased land unless— (a) either— (i) he is the holder of an excavation permit or emergency excavation permit; or (ii) he is the contractor of the holder of an excavation permit or emergency excavation permit; and(b) he so makes or maintains the excavation under and in accordance with the permit.(2) Subject to subsection (6), a person who contravenes subsection (1) by making or maintaining an excavation in unleased land without being— (a) the holder of an excavation permit or emergency excavation permit; or (b) the contractor of the holder of an excavation permit or emergency excavation permit,shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months. (3) Subject to subsection (6), a person who contravenes subsection (1) by making or maintaining an excavation in unleased land in contravention of any condition of an excavation permit or emergency excavation permit shall be guilty of an offence and shall be liable on conviction to a fine at level 5. (4) Subject to subsection (7), where— (a) any person, other than a permittee of an excavation permit or emergency excavation permit, makes or maintains an excavation or emergency excavation to which the permit relates; (b) there is a breach of any condition of the permit as a result of any conduct of the person; and (c) there is no nominated permittee in relation to the permit at the time of the breach of the condition,the permittee shall be guilty of an offence and shall be liable on conviction to a fine at level 5. (5) Subject to subsection (7), where— (a) any person, other than a permittee of an excavation permit or emergency excavation permit, makes or maintains an excavation or emergency excavation to which the permit relates; (b) there is a breach of any condition of the permit as a result of any conduct of the person; and (c) there is a nominated permittee in relation to the permit at the time of the breach of the condition,then— (d) where the condition is under the permit to be complied with by the permittee, the permittee shall be guilty of an offence and shall be liable on conviction to a fine at level 5; (e) where the condition is under the permit to be complied with by the nominated permittee, the nominated permittee shall, unless he is already guilty of an offence under subsection (3), be guilty of an offence and shall be liable on conviction to a fine at level 5; or (f) where the condition is under the permit to be complied with by both the permittee and the nominated permittee, then— (i) the permittee, unless he is already guilty of an offence under subsection (3); and (ii) the nominated permittee, unless he is already guilty of an offence under subsection (3), shall each be guilty of an offence and shall each be liable on conviction to a fine at level 5.(6) It shall be a defence for a person, other than a nominated permittee, charged with an offence under subsection (2) or (3) to show that— (a) he was making or maintaining the excavation in question under the direction of another person; and (b) he believed on reasonable grounds that— (i) that other person was authorized under an excavation permit or emergency excavation permit to make and maintain the excavation; and (ii) he was authorized by virtue of the permit to make and maintain the excavation.(7) It shall be a defence for a permittee or nominated permittee of an excavation permit or emergency excavation permit charged with an offence under subsection (4) or (5) to show that the person referred to in subsection (4)(a) or (5)(a)(as the case may be) was not authorized by him to make or maintain the excavation or emergency excavation to which the permit relates. (8) If any person makes or maintains an excavation in unleased land, without an excavation permit or emergency excavation permit, the Authority may— (a) carry out such works as he considers necessary to reinstate and make good— (i) the unleased land; and (ii) any other land the reinstatement and making good of which is in his opinion necessary in consequence of the excavation; and(b) recover the cost of any work carried out by him under this subsection from the person. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10A Issue of excavation permit (1) The Authority may, on payment of the appropriate prescribed fee and subject to such conditions as he thinks fit, issue an excavation permit, authorizing the making and maintaining of excavations in unleased land. (2) An excavation permit shall be valid for the period specified therein as that for which it is valid unless it is terminated under section 10K. (3) The Authority may, on payment of the appropriate prescribed fee, extend the period for which an excavation permit is valid. |
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