### Land (Miscellaneous Provisions) Ordinance 《土地(雜項條文)條例》

10G. Nominated permittee
For the purposes of this Ordinance, a contractor is regarded as a nominated permittee in relation to an excavation permit or emergency excavation permit if—
(a) he is nominated by a permittee of the permit as a nominated permittee under section 10H;
(b) he consents to the nomination and agrees to comply with the conditions in the permit under section 10I; and
(c) the Authority approves the nomination under section 10J.

10H. Nomination by permittee
(1) A contractor shall not be regarded as being nominated as a nominated permittee in relation to an excavation permit or emergency excavation permit unless the permittee of the permit has sent to the Authority a notice in writing nominating that contractor as the nominated permittee of the permit.
(2) A permittee of an excavation permit or emergency excavation permit may withdraw the nomination of a contractor under subsection (1) by sending a notice of withdrawal to the Authority and the contractor.
(3) A notice of withdrawal referred to in subsection (2) takes effect on the date of the receipt of the notice by the Authority or such later date as is specified in the notice.

10I. Consent and agreement by nominated permittee
(1) A contractor shall not be regarded as giving the consent and agreement referred to in section 10G(b) as a nominated permittee in relation to an excavation permit or emergency excavation permit unless that contractor has sent to the Authority a notice in writing to that effect.
(2) A nominated permittee in relation to an excavation permit or emergency excavation permit may withdraw his consent and agreement referred to in subsection (1) by sending a notice of withdrawal to the Authority and the permittee of the permit.
(3) A notice of withdrawal referred to in subsection (2) takes effect on the date of the receipt of the notice by the Authority or such later date as is specified in the notice.

10J. Approval by Authority of nomination
(1) The Authority may approve the nomination of a contractor as a nominated permittee.
(2) The Authority may withdraw his approval under subsection (1) to the nomination of a contractor as a nominated permittee in relation to an excavation permit or emergency excavation permit—
(a) if the Authority is satisfied that the nominated permittee is incapable of complying with any of the conditions which under the permit are to be complied with by the nominated permittee; and
(b) by sending a notice of withdrawal to the permittee of the permit and the nominated permittee.
(3) A notice of withdrawal referred to in subsection (2) takes effect on the date specified in the notice.

### Land (Miscellaneous Provisions) Ordinance 《土地(雜項條文)條例》

10K. Termination of excavation permit or emergency excavation permit
(1) If there is a breach of any condition of an excavation permit or emergency excavation permit, the Authority may terminate the permit by—
(a) serving a notice of the termination to the permittee of the permit and the nominated permittee (if any) in relation to the permit; and
(b) posting a notice of the termination at a conspicuous place on the unleased land to which the permit relates.
(2) An excavation permit or emergency excavation permit is regarded as terminated from the date of the posting of the notice of the termination relating to it under subsection (1)(b).
(3) For the avoidance of doubt, it is declared that there shall be no refund of any prescribed fee paid under section 10A(1) or (3), 10C(4) or 10D(5) in respect of or in connection with an excavation permit or emergency excavation permit which is terminated under this section. (Amended E.R. 5 of 2020)
(4) Where an excavation permit or emergency excavation permit is terminated, the termination does not affect—
(a) the power of the Authority to require a permittee of the permit to pay the appropriate prescribed fee under section 10C(4) or 10D(5); and
(b) the obligation of the permittee to pay the appropriate prescribed fee as required by the Authority under that section.

### Land (Miscellaneous Provisions) Ordinance 《土地(雜項條文)條例》

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.

10M. Review of assessment
(1) A public officer of the rank of Chief Technical Officer, Engineer or Senior Engineer or a public officer of equivalent rank with engineering qualifications relevant to the excavation concerned (collectively referred to as the Engineer