Cap 28 s 10Q Reinstatement of unleased land after excavation made under an excavation permit (LAND (MISCELLANEOUS PROVISIONS) ORDINANCE)

Contents of Section

Chapter:	28	Title:	LAND (MISCELLANEOUS PROVISIONS) ORDINANCE	Gazette Number:	L.N. 1 of 2004
Section:	10Q	Heading:	Reinstatement of unleased land after excavation made under an excavation permit	Version Date:	01/04/2004

(1) A permittee of an excavation permit or emergency excavation permit shall, before the expiry or termination of the permit, reinstate and make good the land as required by any condition of the permit.
(2) If any unleased land is not reinstated and made good in accordance with subsection (1)—

(a) before the expiry or termination of the permit; or

(b) as required by any condition of the permit,

the Authority may carry out such work as he considers necessary to reinstate and make good the land, and any other land the reinstatement and making good of which is, in his opinion, necessary in consequence of the excavation, notwithstanding that the work for the carrying out of which the excavation was made have not been completed.
(3) The Authority may recover from the permittee—

(a) the cost of any work carried out by the Authority under subsection (2); and

(b) the cost of any work carried out by the Authority to reinstate and make good any unleased land if the necessity for such work—

(i) arises within 12 months after the completion of work for the reinstatement and making good of the land under this section; and

(ii) is attributable to any fault on the part of such permittee or his servants or agents.

(4) For the avoidance of doubt, it is declared that any work carried out under subsection (2) shall not be regarded as an excavation for the purpose of this Ordinance.