14
15
Compensa- tion.
Firm Schodule,
Claims out at time.
First Schedwc.
(iv) the costs of effecting or complying with any requirement or condition imposed by the Director. which is authorized by or under this Ordinance or arises from any act or omission so authorized, except in pursu- ance of one of the rights to compensation provided for in section 18.
18. (1) The rights to compensation referred to in section 17 are the rights to claim from the Crown for the items of loss damage or cost set out in the first column of Part I of the First Schedule a sum assessed on the basis specified opposite thereto in the second column thereof and with regard to the provisions of Part II of the First Schedule, subject LO-
(a) the claim being served on the Director within the appro- priate period specified in the fourth column of Part I of the First Schedule: and
(b) the other provisions of this Ordinance.
(2) Every person who is described in the third column of Part I of the First Schedule shall have the right to claim com- pensation for the item of loss damage or cost set out opposite thereto in the first column to the calent of the loss damage or cost suffered or incurred by him as assessed pursuant to this Ordinance.
19. (1) Subject to this section, if a claim for an item of loss damage or cost is not served on the Director before the expiration of the period specified in the fourth column of Part I of the First Schedule in respect of that item, the right to claim compensation therefor shall be barred.
(2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or after the expiry of that period, be extended in accordance with this section.
(3) Nolice of an application under subsection (2) shall be given to the Director by the applicant.
(4) The Lands Tribunal may extend the period within which a claim must be served upon the Director if it considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in the fourth column of Part I of the First Schedule) or by any other reasonable cause or that the Crown is not materially prejudiced in the conduct of its case or otherwise by the delay,
(5) An extension may be granted by the Lands Tribunal under subsection (4), with or without conditions for such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.
20. (1) Where it appears to the Governor that compensa- Compensa- tion for any loss or damage under item 6 of Part 1 of the First
don dispro- portionate Schedule is or may be disproportionate to the value of the build- to the value ing to which the compensation relates, he may make an order of land. under section 4(1) in respect of that land or part thereof notwith- standing that it is not in the railway area.
(2) Upon the vesting in The Colonial Treasurer Incorporated or the reversion to the Crown of land or part thereof pursuant to an order authorized by subsection (1), compensation shall be assessed under item 1 of Part I of the First Schedule, and under item 3 if applicable, and any other right to compensation under this Ordinance shall lapse.
(3) Where a right to claim compensation under this Ordin- ance has lapsed by operation of subsection (2), the person to whom that right belonged pursuant to section 18(2), shall be entitled to include in his claim for compensation under item 1 of Part I of the First Schedule, and to receive from the Crown, an amount to cover such costs and expenses as he has reasonably incurred in connection with a claim to enforce the right which has lapsed.
Fist Schedule.
21. (1) Any person who claims to be entitled to compensa Claims tion under this Ordinance shall serve upon the Director a written procedure. claim setting out such of the following particulars as are applicable to his claim-
(a) the name of the claimant, and his address for service
of notices:
(b) a full description of the land to which the claim relates including any covenants easements or restrictions affect- ing the same;
(c) the nature of the claimant's interest in the land including in the case of a sub-lessee or sub-tenant his landlord's name and address and details of the sub-lease or tenancy: (d) details of any mortgage, including the principal still owing and the name and address of the mortgagee;