【法规名称】
【法规编号】 79725 什么是编号？
【正 文】
第6页 CAP 28 LAND (MISCELLANEOUS PROVISIONS) ORDINANCE
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[接上页] (ii) commencing from the date of the commencement of the emergency incident to which an emergency excavation permit relates and expiring on the date of the notification of the result of the application; and(b) the initial period under an emergency excavation permit is deemed to be extinguished.(3) The Authority shall determine the period for which an excavation permit deemed to be issued under subsection (2)(a) shall be valid and may revise the expiry date of the permit to a date which is later than the original expiry date. (4) If the period determined by the Authority under subsection (3) is shorter than the period applied for by the permittee under subsection (1), the Authority may, in respect of an excavation permit deemed to be issued under subsection (2)(a), grant an extension for a period commencing from a date next following the expiry of the permit and expiring on the last day of the period applied for by the permittee. (5) The Authority may require a permittee to pay the appropriate prescribed fee for an excavation permit deemed to be issued and an extension granted under this section. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10E Refusal of issue of excavation permit (1) The Authority may refuse to issue an excavation permit or emergency excavation permit if— (a) he reasonably believes that the person making the application for the issue of the permit— (i) is not a fit and proper person to make or maintain any excavation in unleased land; (ii) cannot comply with the conditions imposed under the permit; or (iii) does not have sufficient financial resources to make or maintain an excavation to which the permit relates;(b) in the opinion of the Authority, the application to which the permit relates is unreasonable; or (c) having regard to the circumstances of the case, the issue of the permit is, in the opinion of the Authority, inappropriate in such circumstances.(2) In addition to the grounds specified in subsection (1), the Authority may, on reasonable grounds— (a) refuse to issue an excavation permit or emergency excavation permit if— (i) the person who makes the application for the issue of the permit fails to submit the application within the time limit specified by the Authority under section 18C; or (ii) the street to which the permit relates is a newly constructed street specified by the Authority under section 18C;(b) refuse to extend the period for which an excavation permit is valid if the person who makes the application for the extension fails to submit the application within the time limit specified by the Authority under section 18C.(3) Where the Authority refuses to issue a permit or extend the period for which a permit is valid, he shall notify the person who made the application in writing of the grounds for such refusal. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10F Late application for extension of excavation permit (1) Without prejudice to section 10E(2), where— (a) a permittee applies for an extension of the validity period of an excavation permit beyond the time limit specified for such excavation under section 18C but before the expiry date of the permit; (b) the application is accompanied by the appropriate prescribed fee based on the duration of the period applied for by the permittee; and (c) the Authority has not made his decision on the application on or before the expiry date of the permit,the permit shall, unless sooner terminated under this Ordinance and subject to subsection (2), be deemed to be extended up to the expiry of the period applied for by the permittee. (2) The Authority shall determine the period for which an excavation permit deemed to be extended under subsection (1) shall be valid and may revise the expiry date of the permit to a date which is earlier than the expiry date in subsection (1). (3) The Authority shall serve a notice of his determination under subsection (2) on the permittee concerned. (4) If the period determined by the Authority under subsection (2) is shorter than the period applied for by the permittee concerned, he shall refund any extra prescribed fee to the permittee without interest. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10G Nominated permittee For the purposes of this Ordinance, a contractor is regarded as a nominated permittee in relation to an excavation permit or emergency excavation permit if— (a) he is nominated by a permittee of the permit as a nominated permittee under section 10H; (b) he consents to the nomination and agrees to comply with the conditions in the permit under section 10I; and (c) the Authority approves the nomination under section 10J. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10H Nomination by permittee (1) A contractor shall not be regarded as being nominated as a nominated permittee in relation to an excavation permit or emergency excavation permit unless the permittee of the permit has sent to the Authority a notice in writing nominating that contractor as the nominated permittee of the permit. |
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