【法规名称】
【法规编号】 79725 什么是编号？
【正 文】
第5页 CAP 28 LAND (MISCELLANEOUS PROVISIONS) ORDINANCE
|
[接上页] (4) Where— (a) the Authority issued an excavation permit for an excavation; and (b) the permittee of the permit is unable to have access to— (i) a reasonably substantial portion of the street concerned for the purpose of making or maintaining the excavation, after the commencement of the period for which the permit is valid but before the commencement of the excavation, for reason other than the fault of the permittee, the contractor for the excavation or their employees; or (ii) a reasonably substantial portion of the land concerned, other than a street, for the purpose of making or maintaining the excavation, after the commencement of the period for which the permit is valid, for reason other than the fault of the permittee, the contractor for the excavation or their employees,the Authority may, without payment of any prescribed fee or any part thereof (other than that paid under subsections (1) and (3)), extend that period by the number of days for which the permittee is so unable to have access to the land. (5) Subject to section 10L, any prescribed fee paid under subsection (1) is not refundable. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10B Exemption (1) Any person who intends to make and maintain an excavation in unleased land may apply to the Authority in writing to exempt the excavation from complying with all or any provision of this Part and shall set out the reasons for the application. (2) On receipt of an application made under subsection (1), the Authority may by notice in writing exempt the excavation referred to in the application from all or any provision of this Part if the Authority is of the opinion that the excavation— (a) is minor; (b) will not involve or is unlikely to involve lateral support or substantial work in terms of the extent, duration and size of the excavation and the area that will be or is likely to be affected by the excavation; (c) will not cause or is unlikely to cause any inconvenience or danger to the public; (d) will not cause or is unlikely to cause any delay to traffic; and (e) will not pose or is unlikely to pose a danger to any underground apparatus or properties. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10C Issue of emergency excavation permit (1) The Authority may, subject to such conditions as he thinks fit, issue an emergency excavation permit, authorizing the making and maintaining of emergency excavations. (2) An emergency excavation permit shall be valid for 6 months unless it is terminated under section 10K. (3) During the period for which an emergency excavation permit is valid, the permittee of the permit may, subject to the conditions specified in the permit, make and maintain an emergency excavation for each emergency incident during a period (“initial period”) of 7 days from the date of the report of the incident to the Authority. (4) The Authority may require a permittee to pay the appropriate prescribed fee for an emergency excavation made or maintained during the initial period either before or after the expiration of the initial period. (5) For the purpose of calculation of the appropriate prescribed fee, the duration of an emergency excavation which can be completed within the initial period shall be— (a) the number of days commencing from the date of the report of the emergency incident to the Authority and expiring on the date of the report of the completion of the excavation to the Authority; or (b) 7 days if there is no report of the completion of the excavation to the Authority.(6) Subject to section 10L, any prescribed fee paid under subsection (4) is not refundable. (7) Where— (a) the Authority issued an emergency excavation permit for an excavation; and (b) the permittee of the permit is unable to have access to a reasonably substantial portion of the land concerned for the purpose of making or maintaining the excavation, after the date of the report of the emergency incident concerned to the Authority under subsection (3) but before the commencement of the excavation, for reason other than the fault of the permittee, the contractor for the excavation or their employees,the Authority may, without payment of any prescribed fee or any part thereof (other than that required to be paid under subsection (4)), extend the initial period by the number of days for which the permittee is so unable to have access to the land. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10D Emergency excavation which lasts for more than 7 days (1) If the permittee of an emergency excavation permit anticipates that he has to make or maintain an emergency excavation for more than 7 days, the permittee shall apply to the Authority for the issue of an excavation permit before the expiry of the initial period of the excavation. (2) Upon receipt of an application mentioned in subsection (1)— (a) an excavation permit is deemed to be issued to the permittee of an emergency excavation permit— (i) on the same terms and conditions as an emergency excavation permit; and |
- 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！