【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第9页 CAP 446 LAND DRAINAGE ORDINANCE
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[接上页] (b) preparing any draft Drainage Authority Area plans; and (c) surveying that or any other land in connection with the exercise by the Drainage Authority of any of his powers or rights under this Ordinance.(2) Section 22(2), (3), (4), (5) and (6) has effect in relation to a person authorized under this section to enter on any land as it has effect in relation to a person authorized under section 22 to enter on any land. (3) Nothing in this section shall be construed to authorize the Drainage Authority or any person to enter domestic premises. (Enacted 1994) Cap 446 s 24 Disposal of spoil (1) The Drainage Authority, his agent or any independent contractor employed and authorized by the Drainage Authority for the purpose of executing any drainage works or works under this Part or Part IV may, without making payment for it, appropriate and dispose of any matter removed in the course of the execution of such drainage works or works provided that if the Drainage Authority is of the opinion that there may be a claim for such matter, the Drainage Authority may take possession of such matter. (2) The Drainage Authority shall post, on or near the land where he has taken possession of any matter under subsection (1), a notice setting out details of such matter and shall, in such notice, call upon any claimant to submit his claim to the matter within such time as is specified in the notice, being not less than 14 days after the day on which the notice was posted. (3) The Drainage Authority may refuse to return any matter of which he has taken possession under subsection (1) unless he is satisfied that the claimant is the owner of the matter. (4) The Drainage Authority may recover from a claimant to whom any matter, of which the Drainage Authority has taken possession under subsection (1), is returned any expenses incurred by him in the removal and storage of such matter. (5) Any matter of which the Drainage Authority has taken possession under subsection (1), which is not claimed within the time referred to in subsection (2) or which the Drainage Authority refuses to return under subsection (3) to any person, shall become the property of the Drainage Authority free from the rights of any person and may be disposed of by the Drainage Authority. (Enacted 1994) Cap 446 s 25 Delegation by the Drainage Authority (1) The Drainage Authority may delegate in writing to any public officer or class of public officer the exercise or performance of any of the powers, duties or functions conferred or imposed upon him under this Ordinance. (2) Where a delegation is made under subsection (1), the delegate may, on such delegation taking effect, exercise or perform the delegated powers, duties or functions in the same manner and shall be subject to the same liabilities as if those powers, duties or functions were exercised or performed by the Drainage Authority. (Enacted 1994) Cap 446 s 26 Obstructions in watercourses PART IV CONTROL OF OBSTRUCTIONS, ETC. IN, OVER AND UNDER MAIN WATERCOURSES (1) No person shall, without the consent in writing of the Drainage Authority, carry out any engineering work or filling or erect any dam, weir, culvert or other like obstruction in any main watercourse impeding its flow. (2) An application shall be made to the Drainage Authority for his consent under this section and if the Drainage Authority fails within 4 months after the receipt of the application to notify the applicant in writing of his determination with respect to the application, the Drainage Authority shall be deemed to have consented thereto. (3) If the Drainage Authority refuses to give his consent required under this section, the Drainage Authority shall give the reasons for such refusal to the applicant. (4) If any person carries out any work or erects any obstruction in contravention of this section, the Drainage Authority, his agent, or any independent contractor employed and authorized by the Drainage Authority for the purpose may remove, alter or pull down the work or obstruction and recover from that person the expenses, including supervision charges, reasonably incurred in doing so. (5) A consent required under this section may be given subject to any reasonable condition as to the time at which and the manner in which any work is to be carried out. (6) Any consent given or deemed to have been given by the Drainage Authority under this section shall not entitle any person or any works or proposed works not to comply with the provisions of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127), the Buildings Ordinance (Cap 123), the Town Planning Ordinance (Cap 131) or of any other enactment. (Enacted 1994) Cap 446 s 27 Structures in watercourses, etc. (1) No person shall erect any structure in, over or under any main watercourse except with the consent of and in accordance with plans approved by the Drainage Authority, and no person shall, without the consent of the Drainage Authority, carry out any work of repair on any structure in, over or under such a watercourse if the repair work is likely to affect the flow of water in the watercourse. |
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