【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第8页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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[接上页] (3) The powers of the Building Authority under this section shall arise as soon as a plan, a substitute plan or an amendment to a plan has been deposited under section 8(1): Provided that, as soon as reasonably practicable after the Governor in Council has made a decision under section 11(2) or 11 (4), the Building Authority shall- (a) review his action under subsection (1); (b) vary such action so that it is consistent with that decision.(4) Where the Building Authority acts under subsection (1), he shall advise the person who intends to carry out the building works of the particulars in respect of which he is of the opinion that the building works would be incompatible with the works or the use. (5) Where- (a) the Building Authority refuses, under subsection (1)(a), to give his approval to any plan or to consent to the commencement of the building works or withdraws, under subsection (1)(b), any approval; and (b) he maintains a refusal or withdrawal after reviewing his action under the proviso to subsection (3); and (c) he advises, under subsection (4), that any building works on the land specified by him would be incompatible with the works or the use; and (d) the building works and any plan relating thereto are consistent with the Government lease or other instrument under which the land is held and with any law or requirement made under any law, (Amended 29 of 1998 s. 105)the owner of that land may, by notice in writing to the Secretary, require that the land mentioned in paragraph (c) be resumed under this Ordinance. (6) Where- (a) the Building Authority imposes, under subsection (1)(d), a condition delaying building works; and (b) he maintains that condition after reviewing his action under the proviso to subsection (3); and (c) he advises, under subsection (4), that, for the time being, building works on the land specified by him would be incompatible with the works or the use; and (d) he does not, on application in writing made not less than 2 years after imposition of that condition, grant approval and consent to commence the building works to allow them to commence within 12 months; and (e) the building works and any plan relating thereto are consistent with the Government lease or other instrument under which the land is held and with any law or requirement made under any law, (Amended 29 of 1998 s. 105)the owner of that land may, by notice in writing to the Secretary, require that the land mentioned in paragraph (c) be resumed under this Ordinance. (7) Where the owner gives notice under subsection (5) or (6), the Governor shall, unless the notice is withdrawn, make an order under section 13(1) in respect of the land mentioned in paragraph (c) of subsection (5) or (6) not more than 28 days after receipt of the notice by the Secretary, and the period of notice specified in the order under section 13(2) shall be not longer than 28 days. (8) Where- (a) the Building Authority imposes, under subsection (1)(d), a condition delaying building works; and (b) he maintains that condition after reviewing his action under the proviso to subsection (3); and (c) he advises, under subsection (4), that, for any period specified by him, building works on the land specified by him would be incompatible with the works or the use; and (d) the building works and any plan relating thereto are consistent with the Government lease or other instrument under which the land is held and with any law or requirement under any law, (Amended 29 of 1998 s. 105)any person having a compensatable interest in that land may apply to the Governor in Council for an order that the land mentioned in paragraph (c) be resumed under this Ordinance and the Governor in Council may, if he thinks it just and equitable to do so, make such an order. (9) Where the Governor in Council makes an order under subsection (8), the Governor shall make an order under section 13(1) in respect of the land mentioned in paragraph (c) of subsection (8) not more than 28 days after the order under subsection (8) and the period of notice specified in the order under section 13(2) shall be not longer than 28 days. Cap 370 s 23 Resumption of land on application (1) Where any land is resumed under section 13, any road is closed or any private right extinguished, modified or restricted under section 17 and the Governor is of the opinion that- (a) that land, road or right is reasonably necessary to the use and enjoyment of any contiguous or adjacent land; and (b) it would be just and equitable to make an order under this subsection,the Governor may, on the application of any person having a compensatable interest in that contiguous or adjacent land, make an order under section 13(1) in respect of that contiguous or adjacent land, whether or not it is within the works area. (Amended L.N. 446 of 1994) (2) Any person aggrieved by a decision of the Governor under subsection (1) not to make an order under section 13(1) may apply to the Lands Tribunal to review such decision. |
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