| Remarks: Amendments retroactively made - see 29 of 1998 s. 84 An Ordinance to provide for the creation of easements and other rights over land in favour of the Government for the purpose of the construction, maintenance and operation of sewage tunnels; and for connected matters. (Enacted 1993. Amended 29 of 1998 s. 84) [5 November 1993] (Originally 74 of 1993) Cap 438 s 1 Short title This Ordinance may be cited as the Sewage Tunnels (Statutory Easements) Ordinance. (Enacted 1993) Cap 438 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "land" (土地) means leased land within the meaning of the Land (Miscellaneous Provisions) Ordinance (Cap 28) or unleased land which is occupied in accordance with Part II of that Ordinance and includes land covered by water; (Amended 29 of 1998 s. 85) "Land Registry" (土地注册处) means the Lands Registry established under the Land Registration Ordinance (Cap 128) and any District Land Registry established under the New Territories Ordinance (Cap 97); "Secretary" (局长) means the Secretary for Housing, Planning and Lands; (Amended 61 of 1999 s. 3; L.N. 330 of 1999; L.N. 106 of 2002) "sewage tunnel" and "tunnel" (污水隧道) mean an underground tunnel and associated underground structures for the transfer of sewage; "tunnel works" (污水隧道工程) means the construction, operation, maintenance, repair or replacement of any sewage tunnel or any part of such tunnel, or the investigation or examination of such tunnel or of any land required for such tunnel. (Enacted 1993) Cap 438 s 3 Plans relating to sewage tunnels Where the Government proposes to construct any sewage tunnel, the Secretary shall cause to be prepared a plan- (a) showing the route of the proposed tunnel; and (b) identifying the land situated on the route of the proposed tunnel. (Enacted 1993) Cap 438 s 4 Publication of plans Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) Upon completion of the preparation of a plan under section 3, the Secretary shall cause to be published in the Gazette in both the Chinese and English languages a notice of the plan containing the particulars specified in subsection (2). (2) A notice of a plan shall- (a) either be published together with a copy of the plan to which it relates, or state where and at what times the plan may be inspected; (b) describe the land situated on the route of the proposed tunnel; (c) state the proposed minimum depth below the surface of the land at which the tunnel will lie; (d) contain a statement to the effect that any person having an estate or interest evidenced in an instrument registered in the Land Registry in any land situated on the route of the proposed tunnel may object to the proposal under section 5 by lodging a notice in writing of his objection with the Director of Drainage Services within a period specified in the notice of the plan, being a period of not less than 2 months beginning on the date of publication of the notice of the plan; (e) indicate that certain easements and other rights may be created in favour of the Government over such land on the expiry of the period specified for the purpose of paragraph (d) if no objection has been lodged before that expiry. (Amended 29 of 1998 s. 105) (Enacted 1993) Cap 438 s 5 Objections (1) Subject to this section, any person who has an estate or interest evidenced in an instrument registered in the Land Registry in any land situated on the route of a proposed tunnel may object to the route or depth or both of the proposed tunnel. (2) An objection under this section shall be made by notice in writing delivered to the Director of Drainage Services at any time during the period beginning on the publication of the notice of the plan of the proposed tunnel and ending with the expiry of the time specified in that notice for the purpose of section 4(2)(d). (3) A notice of objection shall- (a) describe the estate or interest of the objector in the land; and (b) state the reasons for his objection.(4) A notice of objection delivered pursuant to subsection (2) may be amended or withdrawn in writing at any time before an order is made under section 6 or 7, and if withdrawn shall be treated for the purposes of those sections as not having been delivered. (Enacted 1993) Cap 438 s 6 Procedure if no objection made (1) Where the time for the making of an objection under section 5 has expired and no objection has been delivered to the Director of Drainage Services, the Secretary may order that section 10 shall apply in respect of any land identified in a plan prepared for the purposes of section 3 and described in the notice of the plan published under section 4. (2) The Secretary shall publish in the Gazette notice of any order made by him under this section, and such notice shall describe the land to which the order applies. (Enacted 1993) Cap 438 s 7 Procedure if objection made Expanded Cross Reference: |
