HKLII Hong Kong Regulations

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WATER POLLUTION CONTROL (SEWERAGE) REGULATION - SECT 12

Claims out of time

(1) Subject to subsection (2) and section 13, if a claim or an amendment to a
claim is not served on the Secretary before the expiry of the period specified
in column 5 of Part I of Schedule 1 in respect of that matter, the right to
claim compensation for the matter is barred.

(2) The period referred to in subsection (1) may, on application made to the
Lands Tribunal either before or after the expiry of that period, be extended
in accordance with this section.

(3) Notice of an application under subsection (2) shall be given to the
Secretary by the applicant.

(4) The Lands Tribunal may extend the period within which a claim must be
served on the Secretary if it considers that the delay in serving the claim
was caused by mistake of fact or law (other than the relevant provision in
column 5 of Part I of Schedule 1) or by any other reasonable cause or that the
Crown is not materially prejudiced in the conduct of its case or otherwise by
the delay.

(5) An extension may be granted by the Lands Tribunal under subsection (4),
with or without conditions, for a period it considers appropriate but not in
any case exceeding 6 years from the time when the right to compensation first
arose. (Enacted 1994)



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