【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第4页 CAP 446 LAND DRAINAGE ORDINANCE
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[接上页] (4) Upon receipt of an application under subsection (1), the secretary to the Panel shall fix a time and place for the review, which shall be a date not more than 2 months after the receipt of the application and shall give at least 14 days' notice thereof to the applicant and the Drainage Authority. (5) On a review under this section, hearing of which shall, subject to subsection (13), be held in public, the applicant or his authorized representative and the Drainage Authority or his authorized representative may attend before the Board and shall be given an opportunity to make representations. (6) If the applicant or his authorized representative does not attend at the time and place fixed for the review, the Board may proceed with the review or adjourn it. (7) On a review under this section, the Board may- (a) confirm the decision of the Drainage Authority; (b) direct the Drainage Authority to consider making alterations to the original draft plan or the draft plan as altered under section 7(9), as the case may be.(8) Where the Board is disposed to direct the Drainage Authority to consider making alterations to the original draft plan or the draft plan as altered under section 7(9), as the case may be, and it appears to the Board that the alterations directed by the Board to be considered by the Drainage Authority affect any land, other than land which appears to the Board to be of concern to the applicant, the Board shall direct the Drainage Authority to publish a notice of any such proposed alterations in the same manner as described in section 7(5)(a). (9) Any written objection received by the Drainage Authority within 30 days after the first publication of a notice in the Gazette under subsection (8) shall be considered at a meeting of the Board of which the applicant, the Drainage Authority and all objectors to the proposed alterations are given at least 14 days' notice. (10) The applicant, the Drainage Authority and all objectors may attend the meeting referred to in subsection (9), and may be heard in person or by their authorized representatives. (11) After hearing the applicant, the Drainage Authority and the objectors or their authorized representatives at the meeting held under subsection (10), the Board may- (a) confirm the decision of the Drainage Authority; (b) direct the Drainage Authority to consider making alterations to the original draft plan or the draft plan as altered under section 7(9), as the case may be.(12) Where the Board confirms the decision of the Drainage Authority or directs the Drainage Authority to consider making alterations under subsection (7) or (11), the chairman of the Board shall- (a) notify in writing the applicant and the objector (if any) of the Board's decision and the reasons for that decision; (b) send to the Secretary a report stating- (i) the Board's decision as respects the application for review and the objection (if any) duly made under subsection (9); and (ii) the reasons for that decision; and(c) send a copy of the report as referred to in paragraph (b) to the Drainage Authority.(13) Where the Board hearing a review, after consulting the parties to the review, 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. (Enacted 1994) Cap 446 s 9 Delivery of draft plan to Secretary (1) Where- (a) at the expiry of the time for the making of objections under section 7, no objection has been delivered to the Drainage Authority; or (b) an objection has been delivered to the Drainage Authority but- (i) the Drainage Authority has rejected the objection under section 7(4) or (9); and (ii) at the expiry of the time for applying for a review under section 8 no such application has been made,the Drainage Authority shall prepare a finalised draft plan by incorporating into the draft plan any amendments made under section 4 and as soon as practicable deliver the finalised draft plan and a schedule of objections made under section 7(1) or (2) (if any) to the Secretary. (2) Where- (a) at the expiry of the time for the making of objections under section 7, an objection has been delivered under that section; (b) the objector has, pursuant to section 7(5)(b), informed the Drainage Authority that he agrees to any proposed alterations; and (c) no objection to the proposed alterations has been delivered to the Drainage Authority at the expiry of the time for the making of such objections specified under section 7(5)(a),the Drainage Authority shall prepare a finalised draft plan- (i) by incorporating any amendments made under section 4 into the draft plan; and (ii) by altering the plan referred to in paragraph (i) in accordance with the alterations,and as soon as practicable, deliver to the Secretary the finalised draft plan, a copy of the draft plan notified in the Gazette under section 5, a schedule of objections made under section 7(1) or (2), the letter of agreement referred to in paragraph (b), and a statement giving particulars of the alterations made to the draft plan notified in the Gazette under section 5 and the reasons therefor. |
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