1974-HKRS28-16-22_Part03 — Page 50

Reduction etc. of

charges.

Mapping of

gathering grounds.

(Cap. II)

(Cap. 97.)

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may be levied in accordance with regulations made under this Ordinance.

22. The Water Authority may in any particular case reduce, waive or refund, in whole or in part, a charge.

PART V

GATHERING GROUNDS

23. (1) The Water Authority shall prepare maps showing all gathering grounds existing at the commencement of this Ordinance.

(2) Where a new gathering ground, or an extension of a gathering ground mapped under this section, is required for the purpose of extending or augmenting a supply, the Water Authority shall, after giving consideration to the preservation of traditional rights of any person to take water for agricultural and domestic purposes-

(a) mark the limits or area of the new gathering ground on

any map prepared under this section;

(b) prepare a new map for the new gathering ground; or (c) alter the limits or area of the gathering ground on any

map prepared under this section.

(3) Where there has been a reduction in the area of any gathering ground, the Water Authority shall accordingly alter the limits of area of that gathering ground on any map prepared under this section.

(4) Any map prepared, or any additions or alterations made thereto, under this section shall be signed and dated by the Water Authority.

(5) A map of a gathering ground prepared under this section shall be deposited-

(a) if the map is it respect of a gathering ground in Hong Kong (other than the New Territories), in the Land Office established under the Land Registration Ordinance:

(b) if the map is in respect of a gathering ground in the New Territories, in the appropriate New Territories Land Office within the meaning of section 10(2) of the New Territories Ordinance.

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(6) A notice of a map prepared under this section and of any additions or alterations made thereto shall be published in the Gazette together with the address of the Land Office in which the map is deposited under subsection (5).

24. (1) The Governor may by notice in writing require a Control of lessee of land within a gathering ground to drain, treat, or develop leased land his leased land, in such manner as the Governor may specify, for

in gathering grounds. any purpose connected with the waterworks, including the preven- tion, control or rectification of contamination or damage to the waterworks.

(2) Where the lessee carries out any work in compliance with a notice under subsection (1), the reasonable cost of the work shall be paid by the Water Authority.

(3) No payment under subsection (2) shall be made unless the work is carried out to the satisfaction of the Water Authority.

25. (1) If a lessee fails to comply with a notice under Carrying out section 24(1), or requests the Water Authority in writing to carry

of work out the work specified in the notice, the Governor may require the Authority. by Water Water Authority to comply with the notice.

(2) The Water Authority, and any person authorized by him in writing, may enter any leased land to comply with a require- meat under subsection (1) on giving the lessee 14 days' notice of the intention to so enter.

(3) Where the Water Authority carries out any work under this section, the cost of the work shall be borne by the Water Authority.

26. (1) A lessee who suffers damage or loss as a result of Compensa- compliance with a notice under section 24(1), whether the work is tion. carried out by the lessee or the Water Authority, and who claims compensation in respect thereof, shall deliver to the Water Authority particulars in writing of such damage or loss and of his claim for compensation, and the Governor may, if he thinks fit, negotiate with the lessee for the settlement or compromise of the claim.

(2) If the Governor and the lessee do not agree on the settle- ment or compromise of the claim within 3 months of the delivery of particulars, the lessee may notify the Water Authority that he desires a reference to a tribunal; and the Governor shall thereupon refer the claim with the particulars thereof to a tribunal, consisting of a District Judge nominated by the Chief Justice for the purpose.