【法规名称】
【法规编号】 79779 什么是编号？
【正 文】
CAP 357 ELECTRICITY NETWORKS (STATUTORY EASEMENTS) ORDINANCE
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To provide for the creation of easements in and over land in favour of certain undertakings which generate, transmit or distribute electricity; and for matters incidental thereto and connected therewith. [11 July 1980] (Originally 39 of 1980) Cap 357 s 1 Short title This Ordinance may be cited as the Electricity Networks (Statutory Easements) Ordinance. Cap 357 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "approved scheme" (获准计划) means a scheme approved by the Secretary for Housing, Planning and Lands for the purposes of section 3; (Amended L.N. 245 of 1981; L.N. 244 of 1989; L.N. 330 of 1999; L.N. 106 of 2002) "electric line" (电力线) means a wire, cable, conductor or other means of transmitting or distributing electricity from one location to another above or below ground, and any casing, coating, covering, tube, pipe, insulator, pole, mast or pylon enclosing, surrounding or supporting the same or any part thereof or any apparatus or ancillary facilities connected therewith; "electricity network" (供电网络) means a system for the transmission or distribution of electrical energy consisting of one or more electric lines, but does not include any such system which is in operation at the commencement of this Ordinance; "owner" (拥有人), in relation to any land, means- (a) a person registered or entitled to be registered as owner of such land in the Land Registry; (b) a person having any estate or interest in such land, or in lawful occupation thereof, under an instrument registered in the Land Registry; (Amended 8 of 1993 s. 2)"power company" (电力公司) means a person or any body of persons, corporate or unincorporate, by whom electricity is generated or transmitted or distributed; "route" (线路) means the alignment of the electric lines of an electricity network as specified by the terms of the approved scheme relating to such electricity network; "terms" (条款), in relation to an approved scheme, includes the conditions, specifications, restrictions and other stipulations contained therein, and any plans, maps, drawings or other documents forming part thereof or referred to therein; "works" (工程) means the construction, operation, maintenance, repair or replacement of an electricity network or any part thereof, or the investigation or examination thereof or of any land situated on the route thereof. Cap 357 s 3 Provisions of Ordinance to apply to power company by order of Chief Executive in Council (1) Where the Chief Executive in Council is satisfied that a power company is carrying out or is about to carry out any works relating to an electricity network across any land in Hong Kong in accordance with the terms of a scheme approved by the Secretary for Housing, Planning and Lands for the purposes of this section, the Chief Executive in Council may, at the request of the company made in writing to the Secretary for Housing, Planning and Lands, order that the provisions of this Ordinance shall apply to the company for the purpose of enabling the company to carry out such works in accordance with the approved scheme. (Amended L.N. 245 of 1981; L.N. 244 of 1989; 61 of 1999 s. 3; L.N. 330 of 1999; L.N. 106 of 2002) (2) Before an order is made under this section in respect of an electricity network, the approved scheme relating thereto shall be deposited in the Land Registry. (3) It shall be sufficient for the purposes of an order made under this section to refer therein to an approved scheme by the description and date assigned thereto in the Land Registry for the purposes of subsection (2). (Amended 8 of 1993 s. 2) Cap 357 s 4 Statutory easements Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 70 (1) Subject to this Ordinance, a power company specified in an order made under section 3 may, in accordance with the terms of the approved scheme relating to the electricity network in respect of which the order is made, exercise from time to time all or any of the following rights in or over land situated on the route of such electricity network- (a) the right to place and retain any electric line above or below ground across such land; and (b) the right to carry out any works required for the purposes of paragraph (a) on such land, including the right to excavate, drain, remove or cover over any part of the soil of such land, and to lop, cut or remove any trees, shrubs, growing crops or vegetation of any kind on such land which obstruct or interfere with any electric line; and (c) the right to enter on and pass over or under such land with such persons, animals, vehicles and equipment and to do all such acts thereon as may be necessary for or incidental to the exercise of any right conferred by this section,but nothing in this section shall authorize the power company to place, construct, erect or retain any permanent structure, pole, mast or pylon on such land. (2) In this section "land" (土地) does not include unleased land within the meaning of the Land (Miscellaneous Provisions) Ordinance (Cap 28) which is not occupied under Part II of that Ordinance. (Amended 29 of 1998 s. 70) |
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