A402

Ord. No. 66/74 MASS TRANSIT RAILWAY (LAND RESUMPTION

And related provISIONS)

(2) An order under subsection (1) shall specify the period of notice to be given under section 7(2) which period shall run from the day on which notice of creation of an easement is affixed to the land under that subsection and shall in no case expire earlier than one month from that day.

(3) An order made under subsection (1) may contain such consequential and incidental provisions as appear to the Governor to be necessary or expedient for the purposes of the order includ- ing in particular provisions for authorizing persons to enter upon land or buildings in accordance with subsection (5) for the purpose of carrying out, installing, maintaining or removing any works, structures or apparatus.

(4) Upon the expiry of the period specified pursuant to sub- section (2) the easement shall be created in favour of the Crown and the benefits and obligations thereof and of all consequential and incidental provisions made under subsection (3) shall be of full force and effect against all persons having any estate, right, share or interest in the land without any consent, grant or con- veyance.

(5) No person shall, in the exercise of any power of entry referred to in subsection (3), enter upon any land which is occupied without giving to the occupier at least 14 days' notice of his intention so to do unless-

(a) the Director is of the opinion that an emergency exists

which necessitates immediate entry; or

(b) the entry is required for the purpose of inspecting any works, structure or apparatus or carrying out any routine maintenance thereon.

(6) Notice under subsection (5) may be given to and shall be deemed to have been received by an occupier if a written notice is affixed to a conspicuous part of the land to be entered.

(7) The ownership of any thing shall not be altered by reason only that it is placed in or under or affixed to any land in exercise of the rights and powers arising from or incidental to an easement created under this section.

(8) The Land Officer shall as soon as practicable after an easement has been created in favour of the Crown under sub- section (4) cause the creation of such easement to be noted in the register of the land affected thereby kept in the Land Office.

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