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12 1945

ELECTRICITY (SUPPLY) (AMENDMENT) ACT, 1945

PART IV.

Compensation.

Assessment of price or of compensation.

26. —(1) The amount of the price or compensation to be paid by the Board for any land 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 any easement, way-leave, fishery, fishing right, water-right, or other right acquired (whether permanently or temporarily) by the Board under this Act to the owner thereof or to the several persons entitled to or having estates or interests in the land over or in respect of which such right is 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) by the Board under this Act of or with any easement, way-leave, fishery, fishing right, water-right, or other right over or in respect of any land or water or the diversion, closing, submergence, removal, or other interference (whether permanent or temporary) by the Board 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 (whether permanent or temporary) with any land by the Board under this Act 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) Where 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) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 (as adapted or amended by or under any subsequent Act) 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.

(5) 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.

Time for claims for price or compensation.

27. —(1) All claims for the price of or compensation in respect of any land, easement, right, or other property (whether corporeal or incorporeal) acquired or interfered with by the Board under this Act shall be made within one year after such land, easement, right, or property is first entered on, exercised, or interfered with by the Board under this Act.

(2) The foregoing subsection of this section shall not apply or have effect in relation to claims for compensation in respect of an interference with a fishery or fishing right, and in lieu thereof every such claim shall be made under the next following section and the provisions of that section shall apply and have effect in relation to such claims.

Compensation for injury to a fishery.

28. —(1) Subject and without prejudice to the power of acquiring fisheries and fishing rights given to the Board by Part III of this Act, the Board shall be liable to pay compensation (in this Act referred to as compensation for injury to a fishery) to every person who suffers loss or damage by reason of an injury to a fishery or fishing right owned by him where such injury is caused during the construction or by the operation generally of hydro-electric works constructed by the Board in pursuance of an approved scheme or by any particular mode or course of or negligence in the operation of such works.

(2) Every application for compensation under this section shall be made in writing to the Board within ten years after the injury, in respect of which such compensation is claimed, is alleged to have happened or begun.

(3) No compensation shall be payable under this section—

(a) in respect of an injury to a fishery or fishing right which is acquired by the Board under this Act, or

(b) in respect of an injury in relation to which no application for such compensation is duly made within the time limited in that behalf by the next preceding subsection of this section.

(4) The right to and the amount (if any) of compensation under this section shall be determined 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.

(5) 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 injury in respect of which either compensation is payable under this section or compensation is expressly declared by this section not to be payable under this section.

Execution of works in lieu of compensation.

29. —(1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done by the Board under this Act, the Board may execute for the benefit of such person such works as the Board shall think proper and such person shall agree to accept in satisfaction or partial satisfaction of his claim for such compensation.

(2) The Board may attach to the execution of any works under this section such terms and conditions (including terms as to the ownership, possession, and control of such works) as shall be agreed upon by the Board and the person for whose benefit the works are so executed.