Turf Development Act, 1946
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Provisions in relation to transport works order. |
44.—The following provisions shall have effect in relation to a transport works order, that is to say:— | |
(a) such order shall contain such provisions as the Minister thinks necessary or expedient for the purpose of such order; | ||
(b) without prejudice to the generality of paragraph (a) of this subsection— | ||
(i) such order may contain provisions authorising the Board to acquire compulsorily any land the acquisition of which is, in the opinion of the Minister, necessary for giving effect to such order, | ||
(ii) such order may grant to the Board any rights in or over land or water, or in or over any public road the grant of which is, in the opinion of the Minister, necessary for giving effect to such order, | ||
(iii) such order shall, in respect of any land so acquired or any right over land or water so granted, provide for the payment of compensation by the Board to the several persons having estates or interests in such land or water, and shall provide that any question or disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , | ||
(iv) such order may incorporate all or any of the provisions of the Lands Clauses Acts, with such modifications and adaptations as the Minister thinks proper, | ||
(v) such order shall specify the manner in which the transport works to which such order relates are to be constructed, | ||
(vi) such order may fix the period within which the construction of such transport works is to be completed, | ||
(vii) such order may contain provisions as to the manner in which such transport works are to be operated and maintained, | ||
(viii) such order shall contain provisions limiting the use of such transport works to purposes relating to the functions of the Board and to such other purposes (if any) as may be specified in such order, | ||
(ix) such order shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by such order, | ||
(x) such order may provide that where the Board acts in contravention (whether by commission or omission) of any specified provision of such order, the Board shall be guilty of an offence under such order and shall be liable on summary conviction thereof to such fine (not exceeding one hundred pounds) as may be specified in such order in respect of such offence and, in the case of a continuing offence, such further fine (not exceeding twenty pounds) as may be specified in such order in respect of such offence for each day during which such offence is continued after conviction thereof, | ||
(xi) such order may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper, | ||
(xii) such order may, in relation to the exercise of the powers of acquiring land compulsorily, contain provisions to the like effect as those contained in sections 30 and 36 of this Act, | ||
(xiii) such order may provide for the determination by arbitration of any specified questions arising thereunder, | ||
(xiv) such order may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper. |