【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第5页 CAP 446 LAND DRAINAGE ORDINANCE
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[接上页] (3) Where the Drainage Authority has altered a draft plan to meet objections under section 7(9), and no application for a review has been made under section 8 at the expiry of the time for the making of such applications, the Drainage Authority shall prepare a finalised draft plan- (a) by incorporating any amendments made under section 4 into the draft plan; and (b) by altering the plan referred to in paragraph (a) in accordance with the alterations,and as soon as practicable deliver to the Secretary- (i) the finalised draft plan; (ii) a copy of the draft plan notified in the Gazette under section 5; (iii) a schedule of objections made under section 7(1) or (2) and (5)(a); and (iv) a statement giving particulars of alterations made to the draft plan notified in the Gazette under section 5 and the reasons therefor.(4) Where the Board has given a direction to consider making alternations under section 8(7)(b) or (11)(b), the Drainage Authority shall give consideration to such direction and thereafter he shall prepare a finalised draft plan- (a) by incorporating any amendments made under section 4 into the draft plan; and (b) by altering the draft plan referred to in paragraph (a) in accordance with the alterations proposed by the Drainage Authority and the Board as the Drainage Authority thinks fit,and as soon as practicable deliver to the Secretary- (i) a copy of the draft plan notified in the Gazette under section 5; (ii) the finalised draft plan; (iii) a copy of the Board's direction; (iv) particulars of any alterations made to comply with the direction or the reasons for refusing to make alterations as directed by the Board, as the case may be; (v) a statement giving particulars of any alterations made to the draft plan notified in the Gazette under section 5 otherwise than in consequence of a direction by the Board and the reasons for those alterations; and (vi) a schedule of objections made under section 7(1) or (2) and (5)(a).(5) Where the Drainage Authority rejects an objection under section 7(4) or (9) then upon the confirmation of such rejection given by the Board under section 8(7) or (11), the Drainage Authority shall prepare a finalised draft plan- (a) by incorporating any amendments made under section 4 into the draft plan; and (b) by altering the plan referred to in paragraph (a) in accordance with any alterations made by the Drainage Authority,and as soon as practicable deliver to the Secretary- (i) a copy of the draft plan notified in the Gazette under section 5; (ii) the finalised draft plan; (iii) a copy of the Board's decision; and (iv) a statement giving particulars of alterations (if any) made to the draft plan notified in the Gazette under section 5 and the reasons for those alterations. (Enacted 1994) Cap 446 s 10 Submission of draft plan to Chief Executive in Council Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 Upon receipt of a finalised draft plan delivered by the Drainage Authority under section 9, the Secretary shall submit the finalised draft plan to the Chief Executive in Council for approval, and shall submit therewith- (Amended 61 of 1999 s. 3) (a) a copy of the draft plan notified in the Gazette under section 5; (b) a copy of the draft plan showing the amendments as referred to in section 4; (c) a schedule of objections (if any) made under section 7(1) or (2) and (5)(a); (d) a schedule of the alterations (if any) made by the Drainage Authority with a view to meeting such objections; (e) the report (if any) delivered by the Board under section 8(12); (f) a schedule of the alterations (if any) made by the Drainage Authority in consequence of a direction given under section 8(7) or (11); and (g) any proposals by the Secretary to meet the objections. (Enacted 1994) Cap 446 s 11 Powers of Chief Executive in Council upon submission Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) Upon submission of the finalised draft plan under section 10, the Chief Executive in Council may- (a) approve it; (b) refuse to approve it; or (c) refer it to the Secretary for further consideration and amendment.(2) The Chief Executive in Council may by notice in the Gazette correct any omission from or error in an approved plan. (3) On such approval being given, the Secretary shall, as soon as practicable, cause to be published in the Gazette in Chinese and English and in one issue of 2 Chinese language newspapers and one English language newspaper a notice- (a) of such approval; and (b) giving particulars of the place and times at which a copy of the approved plan may be inspected by the public. (Enacted 1994. Amended 61 of 1999 s. 3) Cap 446 s 12 Effect of publication of notice under section 11(3) Upon the publication of a notice in the Gazette by the Secretary under section 11(3), this Ordinance shall apply with respect to the Drainage Authority Area and main watercourses designated in the approved plan and the draft plan notified under section 5 is thereby repealed provided that such repeal shall not affect anything lawfully done or any right to compensation under this Ordinance which has accrued prior to such repeal. |
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