【法规名称】
【法规编号】 79965 什么是编号？
【正 文】
第2页 CAP 360A PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS
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[接上页] (4) Where construction operations are undertaken or carried out in stages the Board may make a provisional assessment under paragraph (3) on the completion of each stage of the construction operations and make a final assessment on the completion of all stages of the construction operations. (4A) Notwithstanding paragraphs (1), (2) and (3), where construction operations are carried out under a term contract, the Board may defer the making of any assessment under paragraph (1), (2) or (3) until such time as the Board considers appropriate. (3 of 2004 s. 32) (5) The Board may assess the amount of levy due in respect of the construction operations or stage thereof which have or has been completed notwithstanding that no notice has been given to the Board under regulation 5. (6) Where it appears to the Board that an assessment of levy has been made at less than the proper amount, then, subject to paragraph (9), the Board may at any time make an additional assessment of levy due in respect of construction operations or a stage of construction operations. (7) If a contractor fails to give any notice required to be given by him under regulation 5 and does not give a reasonable excuse therefor within such period as the Board may allow in any case, the Board may, in addition to the levy assessed under this regulation and payable by the contractor, impose a surcharge on the contractor not exceeding twice the amount of the levy so assessed. (8) Any assessment of levy or imposition of surcharge under this regulation shall be notified in writing by the Board. (3 of 2004 s. 32) (8A) A levy or surcharge shall not be payable by a contractor- (a) if he has not been notified by the Board of an assessment of such levy or imposition of such surcharge, as the case may be, under paragraph (8); or (b) to the extent that the levy or surcharge, as the case may be, has been paid by any other contractor unless the levy or surcharge, as the case may be, may be required or ordered to be refunded or repaid to that other contractor under section 37(1C) of the Ordinance or regulation 12(4) or 13(4). (3 of 2004 s. 32)(9) Subject to paragraph (10), an assessment or surcharge under this regulation shall be made or imposed within- (3 of 2004 s. 32) (a) 2 years after the completion of the operations; or (b) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge,whichever is the later. (10) If construction operations are carried out under a term contract, an assessment or surcharge under this regulation shall be made or imposed within- (a) 2 years after the completion of all construction operations to which the contract relates; (b) 2 years after the expiration of the period within which all construction operations to which the contract relates have to be completed as provided for by the contract; or (c) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge,whichever is the last to occur. (3 of 2004 s. 32) (11) For the purposes of this regulation, where the amount of levy due in respect of a stage of any construction operations is assessed under this regulation, the amount of levy shall be assessed as if such stage of the construction operations separately constitutes construction operations subject to payment of levy under the Ordinance. (3 of 2004 s. 32) (3 of 2004 s. 32) Cap 360A reg 7 (Repealed 3 of 2004 s. 33) PART III QUARRY INDUSTRY Cap 360A reg 8 Quarry operators to notify Board of quarry operations (1) Subject to paragraph (2), every quarry operator who begins a quarry operation on the date of commencement of these regulations or on any date thereafter shall, within 14 days after the date on which such quarry operation has begun, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation. (2) Where on the date of commencement of these regulations a quarry operator is carrying on a quarry operation, he shall, within 14 days after such date, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation. (3) Any quarry operator who, without reasonable excuse, fails to give notice in accordance with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) Cap 360A reg 9 Notice by quarry operator of quarry products and their value (1) Not later than 14 days after the expiry of a month, or such further time as the Board may in any case allow, every quarry operator shall give notice to the Board in a form approved by the Board specifying the volume of the quarry products extracted or produced during the immediately preceding month and their value. |
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