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

10A. Issue of excavation permit
(1) The Authority may, on payment of the appropriate prescribed fee and subject to such conditions as he thinks fit, issue an excavation permit, authorizing the making and maintaining of excavations in unleased land.
(2) An excavation permit shall be valid for the period specified therein as that for which it is valid unless it is terminated under section 10K.
(3) The Authority may, on payment of the appropriate prescribed fee, extend the period for which an excavation permit is valid. 
(4) Where—
(a) the Authority issued an excavation permit for an excavation; and
(b) the permittee of the permit is unable to have access to—
(i) a reasonably substantial portion of the street concerned for the purpose of making or maintaining the excavation, after the commencement of the period for which the permit is valid but before the commencement of the excavation, for reason other than the fault of the permittee, the contractor for the excavation or their employees; or
(ii) a reasonably substantial portion of the land concerned, other than a street, for the purpose of making or maintaining the excavation, after the commencement of the period for which the permit is valid, for reason other than the fault of the permittee, the contractor for the excavation or their employees,
the Authority may, without payment of any prescribed fee or any part thereof (other than that paid under subsections (1) and (3)), extend that period by the number of days for which the permittee is so unable to have access to the land.
(5) Subject to section 10L, any prescribed fee paid under subsection (1) is not refundable.

10B. Exemption
(1) Any person who intends to make and maintain an excavation in unleased land may apply to the Authority in writing to exempt the excavation from complying with all or any provision of this Part and shall set out the reasons for the application.
(2) On receipt of an application made under subsection (1), the Authority may by notice in writing exempt the excavation referred to in the application from all or any provision of this Part if the Authority is of the opinion that the excavation—
(a) is minor;
(b) will not involve or is unlikely to involve lateral support or substantial work in terms of the extent, duration and size of the excavation and the area that will be or is likely to be affected by the excavation;
(c) will not cause or is unlikely to cause any inconvenience or danger to the public;
(d) will not cause or is unlikely to cause any delay to traffic; and
(e) will not pose or is unlikely to pose a danger to any underground apparatus or properties.

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

10C. Issue of emergency excavation permit
(1) The Authority may, subject to such conditions as he thinks fit, issue an emergency excavation permit, authorizing the making and maintaining of emergency excavations.
(2) An emergency excavation permit shall be valid for 6 months unless it is terminated under section 10K.
(3) During the period for which an emergency excavation permit is valid, the permittee of the permit may, subject to the conditions specified in the permit, make and maintain an emergency excavation for each emergency incident during a period (initial period

10D. Emergency excavation which lasts for more than 7 days
(1) If the permittee of an emergency excavation permit anticipates that he has to make or maintain an emergency excavation for more than 7 days, the permittee shall apply to the Authority for the issue of an excavation permit before the expiry of the initial period of the excavation.
(2) Upon receipt of an application mentioned in subsection (1)—
(a) an excavation permit is deemed to be issued to the permittee of an emergency excavation permit—
(i) on the same terms and conditions as an emergency excavation permit; and
(ii) commencing from the date of the commencement of the emergency incident to which an emergency excavation permit relates and expiring on the date of the notification of the result of the application; and
(b) the initial period under an emergency excavation permit is deemed to be extinguished.
(3) The Authority shall determine the period for which an excavation permit deemed to be issued under subsection (2)(a) shall be valid and may revise the expiry date of the permit to a date which is later than the original expiry date.
(4) If the period determined by the Authority under subsection (3) is shorter than the period applied for by the permittee under subsection (1), the Authority may, in respect of an excavation permit deemed to be issued under subsection (2)(a), grant an extension for a period commencing from a date next following the expiry of the permit and expiring on the last day of the period applied for by the permittee.
(5) The Authority may require a permittee to pay the appropriate prescribed fee for an excavation permit deemed to be issued and an extension granted under this section.

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

10E. Refusal of issue of excavation permit
(1) The Authority may refuse to issue an excavation permit or emergency excavation permit if—
(a) he reasonably believes that the person making the application for the issue of the permit—
(i) is not a fit and proper person to make or maintain any excavation in unleased land;
(ii) cannot comply with the conditions imposed under the permit; or
(iii) does not have sufficient financial resources to make or maintain an excavation to which the permit relates;
(b) in the opinion of the Authority, the application to which the permit relates is unreasonable; or
(c) having regard to the circumstances of the case, the issue of the permit is, in the opinion of the Authority, inappropriate in such circumstances.
(2) In addition to the grounds specified in subsection (1), the Authority may, on reasonable grounds—
(a) refuse to issue an excavation permit or emergency excavation permit if—
(i) the person who makes the application for the issue of the permit fails to submit the application within the time limit specified by the Authority under section 18C; or
(ii) the street to which the permit relates is a newly constructed street specified by the Authority under section 18C;
(b) refuse to extend the period for which an excavation permit is valid if the person who makes the application for the extension fails to submit the application within the time limit specified by the Authority under section 18C.
(3) Where the Authority refuses to issue a permit or extend the period for which a permit is valid, he shall notify the person who made the application in writing of the grounds for such refusal.

10F. Late application for extension of excavation permit
(1) Without prejudice to section 10E(2), where—
(a) a permittee applies for an extension of the validity period of an excavation permit beyond the time limit specified for such excavation under section 18C but before the expiry date of the permit;
(b) the application is accompanied by the appropriate prescribed fee based on the duration of the period applied for by the permittee; and
(c) the Authority has not made his decision on the application on or before the expiry date of the permit,
the permit shall, unless sooner terminated under this Ordinance and subject to subsection (2), be deemed to be extended up to the expiry of the period applied for by the permittee.
(2) The Authority shall determine the period for which an excavation permit deemed to be extended under subsection (1) shall be valid and may revise the expiry date of the permit to a date which is earlier than the expiry date in subsection (1).
(3) The Authority shall serve a notice of his determination under subsection (2) on the permittee concerned.
(4) If the period determined by the Authority under subsection (2) is shorter than the period applied for by the permittee concerned, he shall refund any extra prescribed fee to the permittee without interest.