【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第7页 CAP 446 LAND DRAINAGE ORDINANCE
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[接上页] (i) that the extent of land to be affected by the proposed drainage works is excessive; (ii) that the proposed drainage works or part thereof are unnecessary; or (iii) that the period of time specified for the completion of the proposed drainage works is excessive.(3) If no objection is duly made under subsection (2), the Drainage Authority may proceed with the execution of the drainage works. (4) Upon receipt of a written statement of objection under subsection (2), the Drainage Authority shall consider the objection and decide whether- (a) to proceed with the execution of the drainage works; or (b) to propose to make alterations to the proposed drainage works to meet the objection.(5) Where the Drainage Authority proposes to make any alterations to the proposed drainage works pursuant to subsection (4)(b), he shall- (a) serve on- (i) the objector; and (ii) any other person who in the Drainage Authority's opinion may be affected by such alterations, a notice specifying the proposed alterations and stating that representations in writing concerning the proposed alterations may be made to the Drainage Authority within 14 days of the service of the notice; and(b) consider any representation made under paragraph (a) before he decides whether to proceed with the drainage works with or without alterations.(6) Where the Drainage Authority decides to proceed with the execution of the drainage works with or without alterations under subsection (4) or (5), as the case may be, he shall notify the objector and each of the persons notified under subsection (5)(a)(ii) of- (a) the Drainage Authority's decision; and (b) their right of appeal under section 28.(7) In cases of emergency the Drainage Authority may execute such drainage works as may appear to him to be necessary without notice to the occupier or owner referred to in subsection (2) and the decision of the Drainage Authority that the particular case is one of emergency shall be final and binding on all persons. (8) In cases of emergency the Drainage Authority shall, as soon as practicable after the commencement of any drainage works pursuant to subsection (7), serve a notice on the occupier and owner of any land upon or within which the drainage works are executed informing them of their right to claim compensation under section 36. (9) Any drainage works may be executed by an agent of the Drainage Authority, or any independent contractor employed and authorized for the purpose by the Drainage Authority. (10) A person shall not, without lawful excuse, interfere with, remove or damage any drainage works. (Enacted 1994) Cap 446 s 19 Temporary works (1) In addition to executing any drainage works under section 18, the Drainage Authority, his agent, or any independent contractor employed and authorized for the purpose by the Drainage Authority may, subject to section 22, construct, lay, erect, remove and maintain any temporary works, that is to say, any dams, flumes, diversion channels, culverts, fences, stores, offices or any other works or things required for the purpose of or connected with such drainage works. (2) Where the Drainage Authority, his agent, or any independent contractor employed and authorized for the purpose by the Drainage Authority intends to execute or maintain such temporary works as are authorized under subsection (1), the Drainage Authority shall give at least 7 days' notice of such intention to the occupier and owner of any land affected by the proposed temporary works and inform such occupier and owner of their right to compensation under section 36 unless it appears to the Drainage Authority that an emergency exists which necessitates immediate temporary works and the decision of the Drainage Authority that the particular case is one of emergency shall be final and binding on all persons. (3) In cases of emergency the Drainage Authority shall, as soon as practicable after the commencement of the temporary works, serve a notice on the occupier and owner of any land upon or within which the works are executed informing them of their right to claim compensation under section 36. (4) A person shall not, without lawful excuse, interfere with, remove or damage any temporary works. (Enacted 1994) Cap 446 s 20 Power to require removal of obstruction from main watercourse (1) Where in the opinion of the Drainage Authority, obstructions block any main watercourse or impede its free flow or are likely to cause damage to any property or life in a Drainage Authority Area, the Drainage Authority may by notice require- (a) the occupier and owner of the land on which the obstructions are situated; or (b) any person causing the obstructions,to remove such obstructions within such time as may be specified in the notice. (2) If an obstruction in respect of which a notice has been served under subsection (1) is not removed within the time specified in the notice, the Drainage Authority, his agent, or any independent contractor employed and authorized for the purpose by the Drainage Authority may, subject to section 22, remove the obstruction and the Drainage Authority may recover the expenses, including supervision charges, reasonably incurred in doing so from the person on whom the notice has been served and in the case of the occupier and owner who have both been served with the notice under subsection (1)(a), they shall be jointly and severally liable to the Drainage Authority for such expenses. |
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