Full legislation
s.10E
Refusal of issue of excavation permit
(1) The Authority may refuse to issue an excavation permit or emergency excavation permit if— (a) he reasonably believes that the person making the application for the issue of the permit— (i) is not a fit and proper person to make or maintain any excavation in unleased land; (ii) cannot comply with the conditions imposed under the permit; or (iii) does not have sufficient financial resources to make or maintain an excavation to which the permit relates; (b) in the opinion of the Authority, the application to which the permit relates is unreasonable; or (c) having regard to the circumstances of the case, the issue of the permit is, in the opinion of the Authority, inappropriate in such circumstances. (2) In addition to the grounds specified in subsection (1), the Authority may, on reasonable grounds— (a) refuse to issue an excavation permit or emergency excavation permit if— (i) the person who makes the application for the issue of the permit fails to submit the application within the time limit specified by the Authority under section 18C ; or (ii) the street to which the permit relates is a newly constructed street specified by the Authority under section 18C ; (b) refuse to extend the period for which an excavation permit is valid if the person who makes the application for the extension fails to submit the application within the time limit specified by the Authority under section 18C . (3) Where the Authority refuses to issue a permit or extend the period for which a permit is valid, he shall notify the person who made the application in writing of the grounds for such refusal.