|
|
Ascertainment of price or compensation.
|
9.—(1) The amount of the price or compensation to be paid by the Board for lands and premises acquired (whether permanently or temporarily) by the Board under this Act to the several persons entitled thereto or having estates or interests therein, or for or in respect of easements, way-leaves, water rights, fishing rights and other rights acquired (whether permanently or temporarily) by the Board under this Act to the owner thereof or the several persons entitled to or having estates or interests in the lands and premises over or in respect of which such rights are so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
|
|
| |
(2) The amount of the compensation to be paid by the Board on account of the termination, restriction, or other interference (whether permanent or temporary) under this Act of or with any easement, water right, fishing right, or other right over or in respect of any lands, premises, or water, or the diversion, closing, removal, or other interference (whether permanent or temporary) under this Act of or with any private road, way, or bridge or any canal or other artificial water-way or any artificial water-course or the interference under this Act with any lands or premises shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.
|
|
| |
(3) When any price or compensation is being assessed in pursuance of this section in respect of any property, corporeal or incorporeal, which is occupied, used, or enjoyed with or forms part of any other property, regard shall be had to any benefit in the nature of drainage or improvement of water supply which may reasonably be expected to accrue to such other property by reason of any works executed or in the course of execution or about to be executed by the Board under this Act.
|
|
| |
(4) All claims for the price of or compensation in respect of any land, premises or right acquired, or any lands, premises, right, way, or other property interfered with under this Act shall be made within one year after such lands, premises, right, way, or property is first entered on, exercised, or interfered with by the Board or a contractor under this Act, save that in the case of permanent interference with a fishing right the claim may be made at any time within ten years after the completion of the works by which such fishing right is so interfered with.
|
|
| |
(5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any price or compensation payable by the Board under this section and to the conveyance to the Board of property, corporeal or incorporeal, acquired by the Board under this Act, and for the purpose of such application the Board shall be deemed to be the promoters of the undertaking.
|
|
| |
(6) No action shall lie at law or in equity against the Board or any contractor, or any officer or servant of the Board or of any contractor for or on account of any act, matter, or thing in respect of which compensation is payable by virtue of this section.
|
