CO129-542-3 Foreshore and Sea-bed Works Bill- correspondence 9-1-1933 - 16-8-1933 — Page 63

Application

of Part II

to future

Ordinances authorising provisionally public under. takings over and upon unleased Crown foreshore

and sea bed.

ef. 8 & 9 Vict. c. 18,

■. 1.

Notification of under- taking,

hearing of objections, publication

of definitive

approval

and com- mencement of execution

of under-

taking.

Extinction

of rights on

Part II.

4. In any future Ordinance authorising any undertaking for reclamation or other works of a public nature over and upon unleased Crown foreshore and sea bed, provisionally and subject to the definitive approval of the Governor in Council, the provisions of this Part of this Ordinance shall be deemed to be incorporated unless expressly varied or excepted by such Ordinance.

5.-(1) Notification of every such undertaking with a description thereof and of the area intended to be occupied in connection therewith, shall be published in every ordinary issue of the Gazette during a period of two months and shall also be published by proclamation in the Chinese language which shall be publicly posted in some suitable place on or near the said area.

(2) Every such notification and proclamation shall contain a notice calling upon all persons having objections to the said undertaking or any claims of private right in respect thereof to send in their objections or claims of right in writing, specifying the nature of such objections and claims, to the Director of Public Works before the expiration of the said period of two months.

(3) All such objections and claims shall be duly considered by the Governor in Council who shall afford to every person, who has so sent in his objection or claim in writing, an opportunity of being heard in person or by counsel or solicitor.

(4) After affording the objectors and claimants an opportunity of being heard, or if no objection or claim is sent in as aforesaid, the Governor in Council may give definitive approval of the undertaking or any modification thereof.

(5) Notification of such definitive approval with a description of the undertaking and of the area intended to be occupied in connection therewith shall be published in the Gazette.

(6) The execution of any such undertaking or any modification thereof shall not be commenced until such definitive approval shall have been so published.

6. Upon the publication of such definitive approval all publication public and private rights of navigation or fishing and all of definitive public and private rights of access, user, possession or approval.

occupation, and all other public or private rights (if any) in upon and over the Crown foreshore, sea bed and land to be occupied by the undertaking shall be extinguished and cease to exist.

Provision for com. pensation claims where

7.-(1) No action shall at any time be brought or continued in respect of the extinguishment under section 6, in whole or in part, of any public or private right or the private rights injurious affection of any land or other property resulting therefrom. But any person who shall have sent in a claim of private right under section 5 (2) (or the executors,

are affected.

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