1985 Ed.]
Buildings
[CAP. 123
39
(b) carry out or cause to be carried out such works, and
recover the cost thereof from the owner.
(Amended, 44 of 1959, s. 12)
28A. (1) For the purposes of this section and sections 28B, 28C and 28D "the relevant works" means the groundwater drainage works considered necessary by the Building Authority under subsection (2), “maintain" and "maintenance" include respectively repair and repairs, and "successor", in relation to any person, means a person who derives title under a disposition for valuable consideration and any other successor in title.
(2) Where, in connexion with any building works in the scheduled area, the Building Authority considers that groundwater drainage works, whether or not extending beyond the boundaries of the site upon which the building works are to be carried out, are necessary, he may require plans prescribed by regulations to show the relevant works notwithstanding that the relevant works extend beyond those boundaries.
(3) Any approval by the Building Authority of plans showing the relevant works shall include a requirement to maintain the relevant works to the satisfaction of the Building Authority for any period specified in the requirement; and section 28B shall apply in relation to the maintenance of the relevant works as it applies in relation to the carrying out of the works.
(Added, 41 of 1982, s. 8)
28B. (1) Where the relevant works or any part thereof cannot be carried out by reason of the objection or want of agreement of any person whose property would be entered upon, cut through or interfered with by or for the purpose of the works, the person in connexion with whose building works any plans for the relevant works have been approved or, as the case may be, any of his successors may apply in the prescribed form to the Building Authority for an order under this section authorizing him to carry out the relevant works.
(2) Notice of the application, of the place where it can be inspected and of the time, which shall be the period of 30 days commencing with the date of service of the notice, within which objections to the relevant works may be made to the Building Authority shall be served by him in the prescribed form on every person, not a party to the application, whose property is proposed to be entered upon, cut through or interfered with:
Provided that, in the case of any such person who is not known, it shall be sufficient notice to cause a copy of the notice to be published under subsection (3).
(3) Without prejudice to section 35, the Building Authority shall cause a copy of the notice required by subsection (2) to be published once in the Gazette and once in 2 English language and 2 Chinese language daily newspapers.
Groundwater drainage works in scheduled
area.
Authorization to carry out relevant works in
case of objection etc. by persons whose property is affected.
Form 39.
Form 40.
Page 40
Page 41
1985 Ed.]
Buildings
[CAP. 123
39
(b) carry out or cause to be carried out such works, and
recover the cost thereof from the owner.
Amended, 44 of 1959, s. 12)
28A. (1) For the purposes of this section and sections 28B, 28C and 28D "the relevant works" means the groundwater drainage works considered necessary by the Building Authority under subsec- tion (2), “maintain" and "maintenance" include respectively repair and repairs, and "successor", in relation to any person, means a person who derives title under a disposition for valuable considera- tion and any other successor in title.
(2) Where, in connexion with any building works in the scheduled area, the Building Authority considers that groundwater drainage works, whether or not extending beyond the boundaries of the site upon which the building works are to be carried out, are necessary, he may require plans prescribed by regulations to show the relevant works notwithstanding that the relevant works extend beyond those boundaries.
(3) Any approval by the Building Authority of plans showing the relevant works shall include a requirement to maintain the relevant works to the satisfaction of the Building Authority for any period specified in the requirement; and section 28B shall apply in relation to the maintenance of the relevant works as it applies in relation to the carrying out of the works.
( Added, 41 of 1982, s. 8)
28B. (1) Where the relevant works or any part thereof cannot be carried out by reason of the objection or want of agreement of any person whose property would be entered upon, cut through or interfered with by or for the purpose of the works, the person in connexion with whose building works any plans for the relevant works have been approved or, as the case may be, any of his successors may apply in the prescribed form to the Building Author- ity for an order under this section authorizing him to carry out the relevant works.
(2) Notice of the application, of the place where it can be inspected and of the time, which shall be the period of 30 days commencing with the date of service of the notice, within which objections to the relevant works may be made to the Building Authority shall be served by him in the prescribed form on every person, not a party to the application, whose property is proposed to be entered upon, cut through or interfered with:
Provided that, in the case of any such person who is not known. it shall be sufficient notice to cause a copy of the notice to be published under subsection (3).
(3) Without prejudice to section 35, the Building Authority shall cause a copy of the notice required by subsection (2) to be published once in the Gazette and once in 2 English language and 2 Chinese language daily newspapers.
Groundwater drainage works in scheduled
area.
Authorization to carry out relevant works in
case of objection etc. by persons whose property is affected.
Form 39.
Form 40.
Page 40Page 41
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