676
No. 11 of 1899.
PIERS.
to order removal of pier, and payment of cost of removal.
Regulations.
Penalty for failure to comply with Ordinance.
a pier is erected being required for any purpose which the Governor in Council decides to be a public purpose, it shall be lawful for the Governor in Council to cancel the licence for or lease of such pier and to order that such pier shall be either partially or entirely removed by the owner thereof and at his expense.
(2) The Director of Public Works shall alone be entitled to determine, in the event of a partial removal of such pier, what portions of it are to be so removed, and any such removal, whether partial or total, shall be effected by the owner within such period as may be specified by the Director of Public Works in a notice in writing served on the owner.
(3) The cost of such removal or partial removal of such pier shall be defrayed exclusively by the owner thereof, and no compensation will be paid by the Government for, and no action, suit or other legal proceeding shall lie against the Government in respect of, any description of loss or damage, whether direct or indirect, which the owner of such pier may sustain by reason of such removal or partial removal.
(4) The Governor in Council shall, however, consider on its merits, and on such evidence as the Governor in Council may think fit, any moral claim to compensation which may be brought forward by the owner of such pier in respect of the removal or partial removal thereof, and if the Governor in Council considers that compensation in respect thereof ought to be paid to such owner then compensation shall be paid to such owner accordingly: Provided, nevertheless, that nothing in this section shall affect the rights of the Government with regard to any pier already erected or hereafter to be erected for a temporary purpose only.
15. It shall be lawful for the Governor in Council to make regulations for the erection, re-erection, alteration, extension or maintenance of piers, and generally for the further and better carrying out of the provisions of this Ordinance.
16. Every person who fails to comply with any of the provisions of this Ordinance shall upon summary conviction be liable to a fine not exceeding one hundred dollars and, in the event of a continued non-compliance after such conviction, shall
* As amended by Law Rev. Ord., 1937.