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Power to construct a substitute embankment.
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32.—(1) Whenever the Commissioners are satisfied, in regard to an existing embankment in respect of which duties of repair and maintenance are imposed on them by virtue of a transfer order, that the construction of a new embankment on another site is necessary (in addition to or in substitution for such existing embankment) for the proper protection of the land or part of the land served by such existing embankment, it shall be lawful for the Commissioners to construct such new embankment on such site and according to such plans as they shall, after consultation with the Minister for Agriculture, consider suitable.
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(2) For the purpose of the construction of a new embankment under the foregoing sub-section of this section, the Commissioners shall have power—
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(a) to enter on the proposed site of such new embankment and there construct such new embankment and do all such things as shall, in their opinion, be necessary for or incidental to such construction, and
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(b) to enter on any other land and there do such things as shall, in their opinion, be necessary for the purposes of the construction of such new embankment and, in particular, to take soil and other materials from such land, and
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(c) to pay compensation for damage, whether permanent or temporary, to land occasioned by the exercise by the Commissioners of any of the powers conferred on them by the foregoing provisions of this sub-section.
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(3) All claims for compensation payable by the Commissioners under the next preceding sub-section of this section shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Drainage Arbitrators, and the decision of such arbitrator (both as to the right to and the amount of such compensation) shall be final and conclusive.
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(4) In determining, under the next preceding sub-section of this section, the right to or the amount of such compensation as is mentioned in that sub-section, the arbitrator shall have regard to the benefit (if any) conferred on the claimant for such compensation or on his land by the construction of such new embankment.
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(5) Where a new embankment is constructed by the Commissioners under this section in addition to or in substitution for an existing embankment, the powers and duties conferred or imposed on the Commissioners by or under this Part of this Act in relation to the maintenance of such existing embankment shall apply and extend to such new embankment.
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