1980-HKRS28-16-28_Part02 — Page 51

(Cap. (IB)

Right od

oder laad.

(Cap. 28.)

RestrictionÍ

DO EXERCİNE

of ruhsa

toder section

4 et B.

(3) Where the terms of an approved scheme are rectified, modified or varied by an order made under subsection (2) in such manner or to such extent that-

(2) any part of the route of the electricity network comprised in the

scheme is altered; or

(b) any reference therein to land is added or substituled,

the rights conferred by section 4 shall not be exercisable in or over any land affected by the part of the route which is so altered or in respect of which such reference is so added or substituled unless the order is registered under the Land Registration Ordinance,

(4) Sections 35(2) and 6 shall apply in relation to the registration of an order made under subsection (2) as they apply in relation to the registration of an order made under section 3.

8. (1) Subject to this Ordinance, where...

(0) a power company specified in an order made under section 3 intends to carry out any works relating to the clectricity network in respect of which the order is made, and

(6) it is necessary for that purpose for the company's officers, servants or agents or other persons authorized by the company to enter on and cross over any land in order to gain access to the site of auch works,

the company, its officers, servants or agents or other persons authorized by the company in that behalf may enter on and cross over such land to and from such "site with such persons, animals, vehicles and equipment as may be necessary for or incidental to the carrying out of such works.

(2) Nothing in this section shall apply to unleased land within the meaning of the Crown Lands Ordinance which is not occupied under Part II of that Ordinance,

9. (1) Subject to this section, a power company shall, before exercising any right conferred by section 4 or in respect of any land, serve notice of its intention to do so on the owner of the land; and for the purposes of this section notice shall be deemed to have been duly served on the owner of land if, but only if-

(a) it is delivered to him; or

(b) it is sear by registered post addressed to him at his last postal

address known to the power company; or

(c) where the owner is not known or cannot be found or for any reason it is not practicable to serve the nolics in accordance with paragraph (4) or (b), it is published—

() in the Gazerte; and

(ii) in 2 Chinese language newspapers and an English language newspaper,

not less than 30 days prior to the exercise of such right:

Provided that in the case of emergency, a power company intending to exercise any such right in respect of any land may notify the owner of such land of its intention in such manner as the power company may deem practicable in the circumstances of the case, and subsections (2), (3) and (4) shall not apply to such case.

(2) Where the owner of any land on whom notice is served by a power company under subsection (1) wishes to object to the exercise by the power company of any rights to which the notice refers, he shall,

before the expiration of the period of such notion, notify the power com- pany in writing of his objection and the grounds thereof, and the power company shall, unless the objection is sooner withdrawn or resolved, deliver particulars in writing thereof to the Secretary for the Environment not later than 14 days after the expiration of such period.

(3) Where particulars of any objection are delivered to the Secretary for the Environment under subsection (2), he may direct a public officer to allend, within a period of not more than 30 days after the date of delivery of such particulars, on the owner by whom the objection is made and the power company, respectively, and to receive and record any representations as to the matters in dispute put forward by the owner or the power company, as the case may be, and to submit a report ia respect thereof for the consideration of the Secretary for the Environment.

(4) The Secretary for the Environment shall consider any objection of which particulars ore delivered to him under subsection (2) and any report directed to be submitted to him under subsection (3) in respect thereof, and shall give such directions to the power company relating to the exercise by the power company of any rights to which the objection relates as he may deem proper having regard to the public interest and shall give notice of such directions to the owner concerned; and it shall be the duty of the power company and the owner to comply with such directions.

10. (1) Where an order made under this Ordinance affecting any Compemum blon land is registered by a power company under the Land Registration for diminution Ordinance, the company shall be liable to pay compensation to the person of Led. who, at the date of registration of the order, is the owner of the land in (pp. 128) respect of any diminution of the value of his estate or interest Therein attributable to the registration of the order,

(2) Any person claiming to be entitled to be paid compensation by a power company under this section in respect of any land may, not later ihan 12 months after the date of registration of an order made under this Ordinance affecting much land, deliver particulars of the claim in writing to the company.

-(3) 16, within a period of 28 days after the delivery of the partic- ulars of any claim to a power company under this section, the claimant and the company fail to reach agreement in respect of the company's liability, if any, under this section, the claimant may, not later than 60 days after the expiration of that period, submit the claim to the Lands Tribunal for determination.

(4) The Lands Tribunal shall have jurisdiction to determine the amount of compensation, if any, payable in the case of any claim sub- mitted to the Tribunal under this section; and in the application of the Lands Tribunal Ordinance to any such determination, section !!(I) of that (Cap. 13 Ordinance shall have effect as if for paragraphs (4) and (6) thereof there were substituted the words "the amount of compensation payable in the case of any claim submitted to it under section 10 of the Electricity NeĻ works (Statutory Eascrucht) Ordinance 1980",

(5) In the determination of the amount of compensation. if any. payable under this section, no compensation shall be given in respect of— (a) any expectancy or probability of the grant or renewal or con- tinuance by the Crown or any person of any licence, permission, lease or permit whatsoever;

(b) any use of the land which is not in accordance with the terms

of the Crown lease under which the land is held.