Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 9

Delivery of draft plan to Secretary

(1) Where-

   (a)  at the expiry of the time for the making of objections under
        section 7, no objection has been delivered to the Drainage Authority;
        or

   (b)  an objection has been delivered to the Drainage Authority but-

        (i)    the Drainage Authority has rejected the objection under
               section  7 (4) or (9); and

        (ii)   at the expiry of the time for applying for a review under
               section 8 no such application has been made, the
               Drainage Authority shall prepare a finalised draft plan by
               incorporating into the draft plan any amendments made under
               section 4 and as soon as practicable deliver the finalised
               draft plan and a schedule of objections made under section 7(1)
               or (2) (if any) to the Secretary.

(2) Where-

   (a)  at the expiry of the time for the making of objections under
        section 7, an objection has been delivered under that section;

   (b)  the objector has, pursuant to section 7(5)(b), informed the
        Drainage Authority that he agrees to any proposed alterations; and

   (c)  no objection to the proposed alterations has been delivered to the
        Drainage Authority at the expiry of the time for the making of such
        objections specified under section 7(5)(a), the Drainage Authority
        shall prepare a finalised draft plan-

        (i)    by incorporating any amendments made under section 4 into the
               draft plan; and

        (ii)   by altering the plan referred to in paragraph (i) in accordance
               with the alterations, and as soon as practicable, deliver to
               the Secretary the finalised draft  plan, a copy of the
               draft plan notified in the Gazette under section 5, a schedule
               of objections made under section 7(1) or (2), the letter of
               agreement referred to in paragraph (b), and a statement giving
               particulars of the alterations made to the draft plan notified
               in the Gazette under section 5 and the reasons therefor.

(3) Where the Drainage Authority has altered a draft plan to meet objections
under section 7(9), and no application for a review has been made under
section 8 at the expiry of the time for the making of such applications, the
Drainage Authority shall prepare a finalised draft plan-

   (a)  by incorporating any amendments made under section 4 into the
        draft plan; and

   (b)  by altering the plan referred to in paragraph (a) in accordance with
        the alterations, and as soon as practicable deliver to the Secretary-

        (i)    the finalised draft plan;

        (ii)   a copy of the draft plan notified in the Gazette under section 
               5 ;

        (iii)  a schedule of objections made under section 7(1) or (2) and

(5)(a); and

        (iv)   a statement giving particulars of alterations made to the
               draft plan notified in the Gazette under section 5 and the
               reasons therefor.

(4) Where the Board has given a direction to consider making alternations
under section 8(7)(b) or (11)(b), the Drainage Authority shall give
consideration to such direction and thereafter he shall prepare a finalised
draft plan-

   (a)  by incorporating any amendments made under section 4 into the
        draft plan; and

   (b)  by altering the draft plan referred to in paragraph (a) in accordance
        with the alterations proposed by the Drainage Authority and the Board
        as the Drainage Authority thinks fit, and as soon as practicable
        deliver to the Secretary-

        (i)    a copy of the draft plan notified in the Gazette under section 
               5 ;

        (ii)   the finalised draft plan;

        (iii)  a copy of the Board's direction;

        (iv)   particulars of any alterations made to comply with the
               direction or the reasons for refusing to make alterations as
               directed by the Board, as the case may be;

        (v)    a statement giving particulars of any alterations made to the
               draft plan notified in the Gazette under section 5 otherwise
               than in consequence of a direction by the Board and the reasons
               for those alterations; and

        (vi)   a schedule of objections made under section 7(1) or (2) and

(5)(a).

(5) Where the Drainage Authority rejects an objection under section  7 (4) or
(9) then upon the confirmation of such rejection given by the Board under
section 8(7) or (11), the Drainage Authority shall prepare a finalised
draft plan-

   (a)  by incorporating any amendments made under section 4 into the
        draft plan; and

   (b)  by altering the plan referred to in paragraph (a) in accordance with
        any alterations made by the Drainage Authority, and as soon as
        practicable deliver to the Secretary-

        (i)    a copy of the draft plan notified in the Gazette under section 
               5 ;

        (ii)   the finalised draft plan;

        (iii)  a copy of the Board's decision; and

        (iv)   a statement giving particulars of alterations (if any) made to
               the draft plan notified in the Gazette under section 5 and the
               reasons for those alterations. (Enacted 1994)