2
has been submitted to the Director of Public Works in accordance with such notification: and
(b) the objection or claim has not been either withdrawn by the person who submitted it or deemed to have been withdrawn under subsection (5).
the Governor in Council shall consider the proposed undertaking together with every objection and every claim so submitted which has not been withdrawn or deemed to have been withdrawn.
(2) The Governor in Council may, after con- sidering in accordance with subsection (1) a proposed undertaking and every objection thereto not withdrawn or deemed to have been withdrawn and every claim in respect thereof not withdrawn or deemed to have been withdrawn----
(a) authorize the undertaking with or without
any modification thereof;
(b) refuse to authorize the undertaking:
(c) authorize the undertaking in part and defer for further consideration at a later date any objection or claim which relates to the part of the undertaking not so authorized; or (d) defer for further consideration any objection to an undertaking or any claim of private right in respect thereof until any claim for compensation. which has been lodged in respect of the extinguishment of such private right and has been neither withdrawn nor deemed to have been withdrawn, has been determined by a tribunal in accordance with section 7 and refer the claim to the tribunal for that purpose.
(3) If, on the expiration of the period specified in a notification published under section 2-
(a) no objection to a proposed undertaking and no claim of private right in respect thereof has been submitted to the Director of Public Works; or
(b) any such objection or claim, having been 50 submitted, is withdrawn, or is deemed to have been withdrawn under subsection (5),
3.
the Governor may authorize the undertaking with or without any modification thereof.
(4) If the Governor in Council has authorized an undertaking with or without any modification thereof under subsection (2), or if the Governor has auth- orized an undertaking with or without any modifica- tion thereof under subsection (3), a notification of the authorization together with a description of the under- taking and of the area to be occupied shall be published in the Gazette.
(5) For the purposes of this section an objection or claim shall be deemed to have been withdrawn if the Governor has entered into an agreement with the objector or claimant for the compromise or settlement of the objection or claim.".
Section 4 of the principal Ordinance is amended by deleting "subsection (3)" and substituting the following-
"subsection (4)**.
4. Section 6 of the principal Ordinance is amended in sub- section (2) by deleting "submit a claim for compensation in respect of the extinguishment of such private right" and substitut- ing the following-
"require that his claim for compensation be referred to a tribunal by the Governor, who shall so refer it".
5.
Section 7 of the principal Ordinance is amended by delet- ing subsection (1) and substituting the following-
"(1) There shall be a tribunal to hear and determine any claim for compensation which has been referred to it-
(a) by the Governor in Council under paragraph (d) of
subsection (2) of section 3; or
(b) by the Governor under subsection (2) of section 6. in relation to the undertaking as authorized under paragraph (4) or (c) of subsection (2) of section 3.
(LA) The tribunal shall consist of a judge of the Supreme Court or of the District Court to be appointed by the Chief Justice as occasion may require. The Chief Justice may further appoint one or more assessors to advise the tribunal on any matters requiring professional knowledge.".
Amendment of rection 4.
Amendment of section 6.
Amendment of section 7.