Deumamion
of country parks.
Reporma OF Amendment of approved druku pus,
Contral of
velle of Leurd.
IN SUMENIT park.
(4) Every map approved by the Governor in Council shall be signed by the Authority and shall be deposited in the Land Offee and if the map relates to the New Territories certified copies of such approved mapa shall be deposited in each District Land Office in the New Territories.
(5) The deposit of maps under subsection (4) shall be notified in the Gazette.
(6) The Authority shall supply a copy of an approved map to any person upon payment of such fee as the Authority may determine.
14. Where the Governor in Council has approved a draft map under section 13 and it has been deposited in the Land Office, the Governor shall, by order in the Gazette, designate the area shown in the approved mup to be a country park.
JS. (1) The Governor in Council may refer any nap approved by him under section 13 to the Authority for replacement by a new map or for amendment.
(2) Upon any reference under subsection (1), sections 8 10 14 shall apply in respect of a new map in replacement of the map referred to or any amendment to the map referred in like manner as they applied to the map it replaces or amends; and where the reference is in respect of an amend- ment the word "map" in sections & to 14 shall be construed as referring to the map showing the amendmont.
(3) A map referred to the Authority shall be replaced by the new approved map or read as one with any approved amendment as the cusc may be
(4) The Land Officer shall endorse accordingly the map deposited under section 13 which has been replaced or amended and shall cause the copies of the maps deposited in the District Land Offices to be similarly endorsed.
PART TV
Controt ar LAND IN COUNTRY Parks
16. (1) Notwithstanding any Ordinance or the termy of any lease or agreement for a lenae, in aũy case where the Authority is of the opinion that any use or proposed use of any leased land by the occupier within a country park would substantially reduce the enjoyment and amenities of the country park as such, he may request the appropriate Land Authority to exercise the powers conferred by this section.
(2) Where the Land Authority receives a request under subsection (1), he may, by notice in writing—
(a) require the occupier, within such period, not being less than 3 months, as the Land Authority may determine, to discontinue or modify the use; or
(b) prohibit the occupier from proceeding with the proposed use or. within such period, not being less than 3 months, as the Land Authority may determine, require the occupier to modify the proposed use,
so as to avoid the cojoyment and amenities of the country park being sub- stantially reduced; and where the occupier is not the Crown lessee, the Land Authority shall, where practicable, serve on the Crown lessee a copy of the notice given to the occupier,
(3) A notice under subsection (2) shall notify the occupier, and where the occupier is not the Crown lessee, the Crown lessee, of his right to object under section 17.
7
(4) An occupier who fails to comply with the requirements of a notice given to him under subsection (2) shall be guilty of an offence and shall be Gable to a fine of $5,000 and, in addition, to a fine of $100 for cach day during which the offence has continued.
(5) Where an occupier or Crown tessco objects under section 17 the operation of the notice against which he is objecting shall be suspended until the final determination of the objection.
(6) Notwithstanding any proceedings which may be taken under sub- section (3), where the requirements of a notice under" rubarction (2) are mot complied with, the leased land which is the subject of the requirements may be resumed in accordance with the Crown Lands Resumption. Ordinance, (Cu 134) and for the purposes of section 3 of that Ordinance it shall be deemed that the resumption of such land is required for a public purposĖ,
(7) In this Part "Land Authority" means—
(a) in relation to leased land within a country park situated in the
New Territories, the Secretary for the New Territories; and
(b) in relation to leased land within a country park in Hong Kong other than the New Territories, the Director of Public Works.
17. (1) Where a notice is served on an occupier of Crown lessee under section 16(2) in respect of the use or proposed use of any land held by him-
(0) under a Crown lease or any agreement for such lease; or
(6) under any Ordinance,
he may, within 1 month of the service on him of such notice, send to the Authority, the Land Authority and to the Secretary of the Board a written statement of objection to the notice.
(2) A written smtement under subsection (1) shall set out the nature of and reasons for the objection.
(3) Where the Authority and the Land Authority receive a written statement under subsection (1) they may within 14 days of receipt of the statement send to the Secretary of the Board their written representations concerning such objection.
(4) Upon receipt of a written statement under subsection (1) and any representations under subsection (3), the Secretary of the Board shall fix a time and place for the hearing of the objection by the Board and shall give 14 clear days' notice thereof to the objector.
(5) The objector may attend the meeting of the Board at which the objection is to be heard, and may be heard in person or by his authorized representative.
(6) Upon the hearing of the objection, the Board may-
(a) reject the objection;
(b) uphold the objection; or
(c) direct the Land Authority to amend the notice served under
section 16(2).
(7) Where the Board rejects the objection or directs the Land Authority to amend the notice the Secretary shall notify the objector in writing of the Board's decision and shall also notify the objector of his right of appeal under subsection (8).
Objection tr section 1602).
nonce under
No comments yet.
Private notes are available after approval.