Transport (Railway Infrastructure) Act, 2001
|
Power of railway undertaking to carry out railway works and to enter land. |
48.—(1) (a) Upon the commencement of a railway order, the railway undertaking may, for the purposes of carrying out the works allowed under that order— | |
(i) enter on any land the subject of the order and carry out on the land railway works authorised by the order, | ||
(ii) enter on any other land and occupy it or otherwise make use of it for the purpose of carrying out the works aforesaid, | ||
(iii) enter on any land for the purpose of carrying out any maintenance or improvement of the railway concerned, | ||
(iv) enter on any land and attach to any wall, house or other building any bracket, cable or wire or other fixture required for the construction, operation or maintenance of the railway concerned, | ||
(v) enter on any land and underpin or otherwise strengthen any house or other building affected or likely to be affected by the works or the railway aforesaid, | ||
and do on any such land all such other things as are, in its opinion, ancillary to, or reasonably necessary for, the purposes aforesaid. | ||
(b) Before exercising any power under paragraph (a), the railway undertaking shall either— | ||
(i) obtain the consent of any owner or occupier of the land concerned, or | ||
(ii) give to any owner or occupier of the land concerned not less than 14 days notice in writing stating its intention to enter on the land, the purposes for which the entry is intended to be made and that he or she may apply in accordance with paragraph (c) to the District Court for an order prohibiting entry. | ||
(c) A person to whom a notice has been given under this subsection may, not later than 14 days after the giving of the notice, apply, on notice to the railway undertaking, to the judge of the District Court having jurisdiction in the district court district in which the land is situated for an order prohibiting the entry and, upon the hearing of the application, the judge may, if he or she so thinks proper, either prohibit the entry or specify conditions to be complied with by the person making the entry. | ||
(d) Where a judge of the District Court prohibits under this subsection a proposed entry onto land, it shall not be lawful for any person to enter onto the land under paragraph (a), and where a judge of the District Court specifies under this subsection conditions to be complied with by a person entering onto land, every person who enters onto the land under paragraph (a) shall comply with the conditions so specified. | ||
(2) (a) Where, in the opinion of the railway undertaking— | ||
(i) the exercise of a power conferred on it by subsection (1) is urgently required for the purpose of preventing or minimising injury, loss or damage to persons or property, and | ||
(ii) it is not reasonably possible to comply, in relation to such exercise, with paragraph (b) of that subsection, | ||
the railway undertaking may exercise the power without having complied in relation to such exercise, with that paragraph. | ||
(b) Before exercising a power by virtue of this subsection, the railway undertaking shall give to any owner or occupier of the land notice of its intention to enter on the land, and of the purposes for which the entry is intended to be made. | ||
(c) Where, in the opinion of the railway undertaking, it is not reasonably possible to comply with paragraph (b), the railway undertaking may exercise the power concerned without having complied therewith and, as soon as may be thereafter, shall give to any owner or occupier of the land concerned a notice in writing specifying the powers exercised and the purposes of such exercise. | ||
(3) (a) Where an owner or occupier of land (other than a person whose land is acquired under section 45 ) suffers loss, injury or damage or incurs expenditure in consequence of the exercise by the railway undertaking of a power conferred on it by this section, the railway undertaking shall pay to him or her compensation in respect of the loss, injury, damage or expenditure and the amount of the compensation shall, in default of agreement, be determined by arbitration under and in accordance with the Lands Clauses Acts (other than sections 38 to 67 of the Lands Clauses Consolidation Act, 1845 ) and, for the purposes of those Acts, the railway undertaking shall be deemed to be the promoter of the undertaking and this Part and the railway order concerned shall be deemed to be the special Act; and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except insofar as they are inconsistent with and subject to any amendments or modifications, express or implied, thereof effected by this Act) with this Part. | ||
(b) In assessing the compensation payable to a person under paragraph (a), regard shall be had to any benefit to any property of the person that arises or may reasonably be expected to arise from the exercise of the power concerned. |