【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第10页 CAP 446 LAND DRAINAGE ORDINANCE
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[接上页] (2) No person shall erect any structure designed to contain or direct water from any main watercourse within a Drainage Authority Area except with the consent of and in accordance with plans approved by the Drainage Authority. (3) An application shall be made to the Drainage Authority for his consent or approval under this section and a consent or approval required under this section may be given subject to any reasonable condition as to the time at which and the manner in which any work is to be carried out, and any such consent or approval shall, if neither given nor refused within 4 months after application therefor is made, be deemed to have been given. (4) If the Drainage Authority refuses to give his consent or approval required under this section, the Drainage Authority shall give the reasons for such refusal to the applicant. (5) If any person carries out any work in contravention of this section, the Drainage Authority, his agent, or any independent contractor employed and authorized for the purpose by the Drainage Authority may remove, alter or pull down the work and recover from that person the expenses, including supervision charges, reasonably incurred in doing so. (6) Any consent or approval given or deemed to have been given by the Drainage Authority under this section shall not entitle any person or any works or proposed works not to comply with the provisions of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127), the Buildings Ordinance (Cap 123), the Town Planning Ordinance (Cap 131) or of any other enactment. (Enacted 1994) Cap 446 s 28 Appeals Remarks: Amendments retroactively made - see 25 of 1998 s. 2 PART V APPEALS (1) Any person aggrieved by a decision, requirement or determination of the Drainage Authority under section 18, 20(1), 21(1), 26 or 27 may appeal to the Board by sending a notice of appeal to the secretary of the Panel within 21 days after notification of the Drainage Authority's decision, requirement or determination. (2) The grounds for an appeal against the Drainage Authority's decision under section 18 shall be confined to the grounds for making an objection under section 18(2). (3) Upon receipt of a notice under subsection (1), the secretary to the Panel shall fix a time and place for the hearing of the appeal, which shall be a date not more than 2 months of the receipt of such notice and shall give at least 14 days' notice thereof to the appellant and the Drainage Authority. (4) The appellant and the Drainage Authority may appear before the Board in person, where applicable, or by an authorized representative. (5) If a person mentioned in subsection (4) fails to appear on the date set for the hearing of an appeal, the Board may adjourn the hearing or proceed to hear any other party entitled to appear and may make its decision without hearing the absent party. (6) At the completion of the hearing of an appeal, which, subject to subsection (9), shall be held in public, against the Drainage Authority's decision under section 18 the Board may- (a) confirm the decision appealed against; or (b) order the Drainage Authority to make such alterations in connection with the proposed works as the Board thinks fit.(7) At the completion of the hearing of any appeal, which, subject to subsection (9), shall be held in public, against the Drainage Authority's requirement or determination under section 20(1), 21(1), 26 or 27, the Board may confirm, reverse or vary the requirement or determination appealed against. (8) Where a notice of appeal under subsection (1) has been received by the secretary to the Panel, or where a notice of appeal under section 33(2) has been received by the Court of First Instance, the Drainage Authority shall not execute drainage works under section 18(1), (3) or (4), or exercise his power under section 20(1) or (2) or 21(1) or (2) within or upon the land to which the notice of appeal refers until after the appeal is determined by the Board or the Court of First Instance, at or after which time the Drainage Authority shall act in accordance with the decision of the Board or the Court of First Instance, as the case may be. (Amended 25 of 1998 s. 2) (9) Where the Board hearing an appeal, after consulting the parties to the appeal, is satisfied that it is desirable to do so, it may by order direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present. Cap 446 s 29 Appointment of Drainage Appeal Board Panel Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) The Chief Executive may appoint a panel of persons to be the Drainage Appeal Board Panel whom he considers suitable to sit as members of a Drainage Appeal Board. (2) The Chief Executive shall not appoint a public officer to the Panel. (3) The Chief Executive may appoint a member of the Panel as Chairman of the Panel and may appoint another such member as Deputy Chairman of the Panel as he thinks fit. |
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