【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第8页 CAP 446 LAND DRAINAGE ORDINANCE
|
[接上页] (3) In cases of emergency the Drainage Authority, his agent, or any independent contractor employed and authorized for the purpose by the Drainage Authority may execute such works to remove any obstruction as may appear to him to be necessary without notice to the occupier, owner or person referred to in subsection (1) and the Drainage Authority may recover the expenses, including supervision charges, reasonably incurred in doing so from any such occupier, owner or person and the decision of the Drainage Authority that the particular case is one of emergency shall be final and binding on all persons. (Enacted 1994) Cap 446 s 21 Power to require removal of structures from main watercourse Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 (1) Where in the opinion of the Drainage Authority, a structure that has been or is being erected or set up in, over or under any main watercourse blocks that main watercourse or impedes its free flow or is 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 structure is situated; or (b) the person having control or possession or causing the erection or setting up of the structure,to remove it within such time as may be specified in the notice. (2) If a structure in respect of which a notice is 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 structure 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 and such expenses may be waived by the Drainage Authority if the structure was erected, or set up, and maintained without the contravention of any Ordinance, Government lease or other instrument under which the land, where the structure was erected, or set up, and maintained, is held. (Amended 29 of 1998 s. 105) (3) For the purpose of this section, "structure" (构筑物) means a bridge, fence, barrier, pillar, post, culvert, pipe crossing, pier, wall, stair, shed or other similar structure. (Enacted 1994) Cap 446 s 22 Power of entry for purpose of executing works, etc. (1) Where the Drainage Authority has a power or a right under this Part or Part IV- (a) to execute any drainage works; (b) to execute any temporary works; or (c) to remove any obstruction or structure,then if for the purpose of exercising that power or that right it is necessary for a person to enter on any land, a person duly authorized in writing by the Drainage Authority may at any reasonable time enter on any land within a Drainage Authority Area for that purpose. (2) The power to enter on land under subsection (1) includes- (a) the power to authorize the entry or passage of such other persons, and such vehicles, plant, apparatus, machinery, supplies or materials as may be necessary; (b) the power to carry out works for the purpose of facilitating their passage; (c) the power to place and leave on or in the land and to remove therefrom such vehicles, plant, apparatus, machinery, supplies or materials.(3) No person shall, in the exercise of any power of entry under this section, enter on any land which is occupied without giving to the occupier at least 7 days' notice of his intention to do so unless it appears to the Drainage Authority that an emergency exists which necessitates immediate entry and the decision of the Drainage Authority that the particular case is one of emergency shall be final and binding on all persons. (4) A person shall not, in the exercise of a power conferred by subsection (2)(c), place or leave on or in any land or remove therefrom any vehicles, plant, apparatus, machinery, supplies or materials unless notice of his intention to do so has been included in the notice required by subsection (3). (5) A person shall not execute any works authorized by subsection (2)(b) unless a notice of his intention to do so has been included in the notice required by subsection (3). (6) Any person who, in the exercise of any power of entry authorized under this section, enters on any land shall, if required to do so by any person, produce evidence of such authority. (7) Nothing in this section shall be construed to authorize the Drainage Authority or any person to enter domestic premises. (Enacted 1994) Cap 446 s 23 Power of entry for purpose of inspection, etc. (1) A person duly authorized in writing by the Drainage Authority may at any reasonable time enter on any land for the purpose of- (a) inspecting any main watercourse; |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！