Contents of Section

Chapter:

28 PDFTitle:LAND (MISCELLANEOUS PROVISIONS) ORDINANCEGazette Number:L.N. 1 of 2004
Section:10CHeading:Issue of emergency excavation permitVersion Date:01/04/2004

(1) The Authority may, subject to such conditions as he thinks fit, issue an emergency excavation permit, authorizing the making and maintaining of emergency excavations.
(2) An emergency excavation permit shall be valid for 6 months unless it is terminated under section 10K.
(3) During the period for which an emergency excavation permit is valid, the permittee of the permit may, subject to the conditions specified in the permit, make and maintain an emergency excavation for each emergency incident during a period (¡§initial period¡¨) of 7 days from the date of the report of the incident to the Authority.
(4) The Authority may require a permittee to pay the appropriate prescribed fee for an emergency excavation made or maintained during the initial period either before or after the expiration of the initial period.
(5) For the purpose of calculation of the appropriate prescribed fee, the duration of an emergency excavation which can be completed within the initial period shall be¡X

        (a) the number of days commencing from the date of the report of the emergency incident to the Authority and expiring on the date of the report of the completion of the excavation to the Authority; or
        (b) 7 days if there is no report of the completion of the excavation to the Authority.
(6) Subject to section 10L, any prescribed fee paid under subsection (4) is not refundable.
(7) Where¡X
        (a) the Authority issued an emergency excavation permit for an excavation; and
        (b) the permittee of the permit is unable to have access to a reasonably substantial portion of the land concerned for the purpose of making or maintaining the excavation, after the date of the report of the emergency incident concerned to the Authority under subsection (3) but before the commencement of the excavation, for reason other than the fault of the permittee, the contractor for the excavation or their employees,
the Authority may, without payment of any prescribed fee or any part thereof (other than that required to be paid under subsection (4)), extend the initial period by the number of days for which the permittee is so unable to have access to the land.