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40 1934

INDUSTRIAL ALCOHOL ACT, 1934

PART III.

Special Powers of the Minister in Relation to the Compulsory Acquisition of Land, etc. and the Construction Maintenance and Operation of Transport Works.

Transport works.

5. —Each of the following works shall be transport works for the purposes of this Part of this Act, that is to say:—

(c) an aerial ropeway;

(a) a railway;

(b) a tramway;

(d) any other works for the transport of goods.

Right of entry on land.

6. —The Minister may enter on any land for the purpose of making thereon any inquiry, investigation, or examination preliminary or incidental to the doing of any thing which the Minister is authorised by this Part of this Act to do.

Power of Minister to construct, maintain, and operate transport works.

7. —(1) The Minister may, for the purpose of the undertaking, construct, maintain, and operate such transport works as he thinks fit.

(2) The Minister may construct, maintain, and operate transport works on or over any public road or way.

(3) If and whenever the construction, maintenance, or operation of any transport works constructed by the Minister under this section might involve any injury to the public, the Minister shall do all such things in relation to such works as he may think necessary for the protection of the public.

Compulsory acquisition of lands, etc., by the Minister.

8. —(1) The Minister may, for the purposes of the undertaking, do all or any of the following things, that is to say—

(a) compulsorily acquire (either permanently or temporarily) any land;

(b) compulsorily acquire (either permanently or temporarily) any easement, way-leave, water-right, fishing right, or other right over or in respect of any land or water.

(2) The Minister may, for the purposes of the construction, maintenance, and operation of any transport works, do either or both of the following things, that is to say:—

(a) compulsorily acquire (either permanently or temporarily) any land;

(b) compulsorily acquire (either permanently or temporarily) any right over or in respect of any land.

(3) At any time after the passing of this Act and before conveyance or ascertainment of compensation the Minister may, subject to the provisions of this section, enter on and take possession of any land, or exercise any right which the Minister is authorised by this section to acquire compulsorily.

(4) Before exercising any of the powers conferred on him by the immediately preceding sub-section the Minister shall—

(a) in the case of the temporary acquisition of any easement, give at least fourteen days' previous notice in writing to the owner of the easement or other property affected;

(b) in the case of the acquisition of any land, give at least one month's or, if the land is an occupied dwelling house, three months' previous notice in writing to the occupier of the lands;

(c) in any other case, give at least one month's notice in writing to the owner of the right or other property affected.

(5) Every notice under this section shall be accompanied by a plan showing fully and clearly the land, or right to which the notice relates.

(6) Any notice required by this section to be given to any person shall be sufficiently given if sent by registered post in an envelope addressed to such person at his last known place of abode and shall be deemed to have been so given at the time at which such envelope would be delivered in the ordinary course of post at the place to which it is addressed.

Payment and ascertainment of compensation.

9. —(1) Compensation shall be paid by the Minister for land compulsorily acquired (whether permanently or temporarily) by the Minister under sub-section (1) or sub-section (2) of the immediately preceding section to the several persons entitled thereto or having estates or interests therein, and for or in respect of easements, way-leaves, water-rights, fishing rights, and other rights compulsorily acquired (whether permanently or temporarily) under sub-section (1) of the said section to the owner thereof or the several persons entitled to or having estates or interests in the land over or in respect of which such rights are so acquired, and for or in respect of rights over or in respect of any land compulsorily acquired (whether permanently or temporarily) under sub-section (2) of the said section to the owner thereof or the several persons entitled to or having estates or interests in such land, and such compensation shall in default of agreement, be fixed by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) All claims for compensation in respect of any land or right compulsorily acquired under this Part of this Act shall be made within one year after such land is first entered on or such right is first exercised by the Minister.

(3) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Minister under this section, and to the conveyance to the Minister of property, corporeal or incorporeal, compulsorily acquired by the Minister under this Part of this Act, and for the purpose of such application the Minister shall be deemed to be the promoter of the undertaking.