【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第2页 CAP 446 LAND DRAINAGE ORDINANCE
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[接上页] (a) any river, stream, ditch, channel, drain, pipe, cut, culvert, tunnel, nullah, dyke, weir, sluice, flood storage pond, flood pumping station, and other passage used wholly or partly for the conveyance or storage of stormwater or surface water but does not include- (i) any pipe or channel intended primarily for sewage or industrial discharges; and (ii) any drain and sewer as defined by section 2 of the Buildings Ordinance (Cap 123); and(b) the bank, channel or bed of any watercourse which is wet normally but may be, from time to time, dry. (Enacted 1994) Cap 446 s 3 Preparation of draft plans PART II CONSTITUTION OF DRAINAGE AUTHORITY AREAS (1) The Drainage Authority shall prepare draft Drainage Authority Area plans of such parts of Hong Kong as the Secretary may direct. (2) A draft plan prepared under subsection (1) shall show- (a) the boundary of the Drainage Authority Area; and (b) such watercourses in that Drainage Authority Area as are considered to be appropriate by the Drainage Authority to be designated as main watercourses in the plan.(3) The Drainage Authority may, in conjunction with any draft plan prepared under subsection (1), prepare explanatory material relating to the plan, which may be in the form of diagrams, illustrations, notes or descriptive matter; and any such explanatory material shall form part of the plan referred to in subsection (1). (Enacted 1994) Cap 446 s 4 Amendment, replacement and cancellation of draft plan A draft plan or part thereof prepared under section 3 and notified under section 5 may be amended by a draft plan showing the amendments and a draft plan prepared under section 3 and notified under section 5 may be replaced by another draft plan or cancelled, provided that the Drainage Authority shall not amend any part of or replace a draft plan in respect of which an objection has been made under section 7 or an application for review has been made under section 8. (Enacted 1994) Cap 446 s 5 Publication and inspection of draft plans (1) Where the Drainage Authority has prepared or replaced a draft plan at any time under section 3 or 4, he shall cause a notice of the plan to be published in- (a) 2 issues of the Gazette in English and Chinese; (b) 2 issues of 2 Chinese language newspapers; and (c) 2 issues of an English language newspaper.(2) The notice referred to in subsection (1) shall- (a) contain a general description of the Drainage Authority Area shown in the draft plan; (b) state where and when a copy of the plan may be inspected by the public; (c) specify the time within which, and the manner in which, objections to the draft plan prepared or replaced under section 3 or 4 may be made; and (d) where the Drainage Authority has replaced a draft plan, identify the draft plan which has been replaced under section 4.(3) A copy of a draft plan shall be available for inspection by the public free of charge at such offices of the Government as the Drainage Authority thinks fit for a period of 60 days from the date of first publication of a notice in the Gazette under subsection (1) and during the hours when those offices are normally open to the public. (4) The Drainage Authority shall supply a copy of the draft plan prepared or replaced under section 3 or 4, or the draft plan showing the amendments under subsection (5), to any person on request and upon payment of such fee as he may determine. (5) Where the Drainage Authority has at any time amended a draft plan under section 4, he shall publish a notice of such amendments in the same manner as is specified in subsections (1) and (2) except that the period referred to in subsection (3) shall be 30 days and the notice shall also identify the draft plan which has been amended under section 4. (6) Where the Drainage Authority has cancelled a draft plan at any time under section 4, he shall publish a notice of such cancellation in the same manner as is specified in subsection (1) except that the notice shall be published in one issue of the Gazette and the newspapers referred to in that subsection and that the notice shall also identify the draft plan which has been cancelled under section 4. (7) A copy of a draft plan notified under this section shall be deposited in the Land Registry and shall be available for inspection by any person without payment of any fee. (Enacted 1994) Cap 446 s 6 Effect of publication of notice under section 5 Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) Upon the first publication of a notice in the Gazette under section 5(1) or (5)- (a) this Ordinance shall apply with respect to the Drainage Authority Area and main watercourses shown on the draft plan as notified under section 5(1) or (5), and this Ordinance shall continue to so apply notwithstanding any proposed alterations made under sections 7 and 8; (b) (i) any draft plan replaced by the draft plan as notified under section 5(1) shall be thereby repealed; or (ii) that part of any draft plan amended by the draft plan as notified under section 5(5) shall be thereby repealed; and(c) any approved plan referred to the Secretary by the Chief Executive in Council for replacement under section 17(1)(b) and so replaced by a draft plan notified under section 5(1) shall be thereby repealed. (Amended 61 of 1999 s. 3)(2) Upon the publication of a notice under section 5(6), the draft plan so notified shall be thereby repealed. |
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