1974 Ed.]

Waterworks

[CAP. 102

13

any purpose connected with the waterworks, including the preven-tion, control or rectification of contamination or damage to the waterworks.

(2) Where the lessee carries out any work in compliance with a notice under subsection (1), the reasonable cost of the work shall be paid by the Water Authority.

(3) No payment under subsection (2) shall be made unless the work is carried out to the satisfaction of the Water Authority.

25. (1) If a lessee fails to comply with a notice under section 24(1), or requests the Water Authority in writing to carry out the work specified in the notice, the Governor may require the Water Authority to comply with the notice.

(2) The Water Authority, and any person authorized by him in writing, may enter any leased land to comply with a requirement under subsection (1) on giving the lessee 14 days' notice of the intention to so enter.

(3) Where the Water Authority carries out any work under this section, the cost of the work shall be borne by the Water Authority.

26. (1) A lessee who suffers damage or loss as a result of compliance with a notice under section 24(1), whether the work is carried out by the lessee or the Water Authority, and who claims compensation in respect thereof, shall deliver to the Water Authority particulars in writing of such damage or loss and of his claim for compensation, and the Governor may, if he thinks fit, negotiate with the lessee for the settlement or compromise of the claim.

(2) If the Governor and the lessee do not agree on the settle-ment or compromise of the claim within 3 months of the delivery of particulars, the lessee may notify the Water Authority that he desires a reference to a tribunal; and the Governor shall thereupon refer the claim with the particulars thereof to a tribunal, consisting of a District Judge nominated by the Chief Justice for the purpose.

(3) The tribunal shall hear any evidence which the Water Authority or the lessee may wish to tender and, if so desired, hear counsel on behalf of the Government and the lessee, and shall determine the amount of compensation, if any, to be paid to the lessee.

(4) For the purposes of subsection (3), the tribunal shall have powers similar to those vested in the Supreme Court for hearing evidence, determining claims for damages and awarding costs.

(5) The practice and procedure in connexion with any pro-ceedings before a tribunal under this section shall be such as the tribunal may determine.

Carrying out of work by Water Authority.

Compensation.

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