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Chapter: | 311
 | Title: | AIR POLLUTION CONTROL ORDINANCE | Gazette Number: | 6 of 2001 |
| Schedule: | 4 | Heading: | DETERMINATION OF COMPENSATION | Version Date: | 12/04/2001 |
[section 26(2)]
(Amended 13 of 1993 s. 36)
1. A person who claims compensation under section 24 or 25 shall submit to the Authority particulars in writing of his claim.
2. (1) A claim under paragraph 1 shall be submitted-
- (a) where a licence or exemption is cancelled, within 1 year after the cancellation;
(b) where a licence or exemption is varied so as to impose additional obligations on either the licence holder or the owner of the premises used for the conduct of the specified process to which the exemption relates, as the case may be within 1 year after the completion of the works attributable solely to the requirement of the Authority.
(3) Notice of an application under sub-paragraph (2) shall be given to the Authority by the applicant.
(4) The Governor may extend the period within which particulars of a claim must be submitted to the Authority if he considers that the delay in submitting such particulars was occasioned by mistake of fact or mistake of any matter of law (other than the matters contained in sub-paragraph (1)) or by any other reasonable cause or that the Crown is not materially prejudiced by the delay.
(5) An extension may be granted by the Governor under sub-paragraph (4) with or without conditions for such period as he thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.
3. If the Authority and the claimant do not agree on the settlement or compromise of the claim within 3 months of the submission or particulars under paragraph 1, the claimant may notify the Authority that he desires a reference to the Lands Tribunal and the Authority shall thereupon refer the claim with the particulars thereof to the Lands Tribunal.
4-7. (Repealed 23 of 1987 s. 18)
*8. (1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs) from such date and for such period as the Lands Tribunal thinks fit, at the rate specified in subparagraph (2) or at such other rate as may be determined by resolution of the Legislative Council. (Amended 6 of 2001 s. 7)
(2) For the purposes of subparagraph (1), the rate of interest paid-
- (a) in respect of a working day shall be the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on that day; and
(b) in respect of a non-working day shall be the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on the last working day before that day. (Added 6 of 2001 s. 7)
"non-working day" (非工作日) means a day that is not a working day;
"note-issuing bank" (發鈔銀行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap 65);
"working day" (工作日) means any day other than-
- (a) a public holiday; or
(b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 7)
(Schedule 4 amended 23 of 1987 s. 18)
__________________________________________________________________Note:
* For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001.