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Cap. 549 · Environment Protection Act (Cap. 549)

Cap. 549 чл. 66Reasons for revocation. Cap. 88.

PART VI

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(1) Where the sole reason for revocation or modification of an authorisation is public safety and, or significant environmental damage, the following rules shall apply:

(a) any activity that may be necessary for compliance with the order shall be carried out by, or at the expense of, the Authority;

(b) if on a claim made to the Authority within twelve months of the date of the revocation decision or the modification decision, it is shown that any such interested person has incurred expenditure that is rendered useless by the revocation or modification, or has otherwise sustained loss or damage that is directly attributable to the revocation or modification, the Authority shall, subject to paragraph (c), pay to that person compensation in respect of that expenditure, loss or damage;

(c) no compensation shall be payable under this article:

(i) in respect of loss or damage consisting of the depreciation in value by virtue of the revocation or modification; or

(ii) in respect of any work carried out before the grant of the authorisation that is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that authorisation, or in respect of any works that are not in accordance with the authorised specifications or in breach of the terms, conditions and limitations attached to the authorisation;

(d) where compensation is payable under this article in respect of expenditure incurred in carrying out any work on land, if the competent authority under the Land Acquisition (Public Purposes) Ordinance acquires any interest in that land, any compensation payable in respect of the acquisition of that interest shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under this article.