Full legislation
s.10L
Refund of daily fee and economic costs paid for extension of excavation permit
(1)
The Authority may refund the whole or any part of the economic costs paid for an extension of an excavation permit
if—
(a)
the permittee of the permit makes an
application—
(i)
for a refund of the economic costs within one month from the date of the notification of the result of the application for an extension of the excavation permit; and
(ii)
stating the reasons and setting out the evidence in support of the application; and
(b)
the Authority is satisfied that the extension is caused by reasons other than the fault of a permittee of the permit, its contractors and employees, including but not limited to the
following—
(i)
inclement weather which includes the hoisting at the Hong Kong Observatory
of—
(A)
the No. 3 visual storm warning or above;
(B)
rainstorm warning;
(ii)
suspension of excavation on order of the Government which is not due to the fault of the permittee, its contractors or employees;
(iii)
physical condition of the unleased land to which the permit relates and which is not in existence at the time of the application of the permit; and
(c)
the Authority is satisfied that the reasons mentioned in paragraph (b) hindered the progress of an excavation to which the permit relates.
(2)
Where—
(a)
the permittee of an excavation permit completes an excavation to which the permit relates before the expiry date of the permit or the extended period of the permit;
(b)
the permittee notifies the Authority of the completion of the excavation; and
(c)
the Authority is satisfied that the permittee has reinstated the land to which the permit relates as required by the conditions of the permit,
the Authority may refund a sum which is equivalent to the daily fee and economic costs (if any) paid in respect of the period commencing from the date next following the date of notification of the completion of the excavation and expiring on the expiry date of the permit or the extended period of the permit, as the case may be.
(3)
Any refund of daily fee or economic costs under this section shall be paid by the Authority without interest.
(4)
In this section,
rainstorm
warning
(
暴雨警告
) means a warning issued by the Director
of the Hong Kong Observatory of a heavy rainstorm in, or in the vicinity of, Hong
Kong by the use of the heavy rainstorm signal commonly referred to as Amber, Red or
Black.