Electricity (Supply) Act, 1927
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Compulsory acquisition of land, etc., by authorised undertaker. |
47.—(1) The Board if it thinks proper so to do may by special order empower any authorised undertaker to acquire compulsorily any land or to acquire or use compulsorily any easement, or other right over any land, or any right of impounding, diverting, or abstracting water, which may be necessary or convenient for the establishment or extension of a generating station, the development of water-power for the generation of electricity, the transformation, transmission, or distribution of electricity, or the construction of any works authorised by the Board, and any such order may empower the authorised undertaker to exercise the powers aforesaid either within or outside the area of supply of the authorised undertaker, and in the case of an authorised undertaker which is a local authority either within or outside their district. | |
(2) A special order under this section authorising the compulsory acquisition of a right of impounding, diverting, or abstracting water shall not be made by the Board without previous consultation with the Minister for Fisheries. | ||
(3) A special order under this section authorising the compulsory acquisition of a right of impounding, diverting, or abstracting water in or from any canal shall not be made by the Board without previous consultation with the Minister. | ||
(4) Before a special order is made under this section the authorised undertaker shall deposit with the Board such plans, specifications, and other documents as shall be required by the Board and after the deposit of such documents the Board shall give notice, in such manner as it may consider best adapted for informing persons likely to be affected by the order, of its intention to consider the making thereof and of the manner in which representations and objections in respect of the order may be made, and shall, if it shall consider it expedient so to do, cause a public inquiry to be held in regard to any matter relating to the making of such order. | ||
(5) A special order made under this section may incorporate— | ||
(a) the Acquisition of Land (Assessment of Compensation) Act, 1919 , with the modification that the expression “public authority” shall include the authorised undertaker to whom the order relates, and | ||
(b) the Lands Clauses Acts so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919 . | ||
(6) No special order shall be made under this section— | ||
(a) in respect of any matter which the Board is of opinion, as a result of representations made to it or the report of the person holding a public inquiry, or otherwise, is of such a character or magnitude that it ought not to be proceeded with, or | ||
(b) authorising the compulsory acquisition or use of, or interference with, any land or water or any easement or other right over land which at the date of the first publication of notice of the intention of the Board to consider the making of the order belongs to a gas or water undertaker and is used or authorised to be used by such undertaker for the purpose of his undertaking. |