Tribunal to
determine claims for compensation.
(Cap. 4)
(6) any such objection, having been so lodged, is withdrawn, or is deemed to have been withdrawn under subsection (5) of section 4,
the Governor may authorize the undertaking, with or without any modification thereof.
(3) If the Governor in Council has authorized an undertaking with or without any modification thereof in accordance with sub- section (1) or if the Governor has authorized an undertaking with or without any modification thereof in accordance with subsection (2), a notification of the authorization together with a description of the undertaking shall be published in the Gazette.
*. (1) There shall be a tribunal to hear and determine any claim for compensation—
(a) in relation to an undertaking authorized under para- graph (a) or (2) of subsection (1) of section 6, as so authorized; or
(6) referred to it by the Governor in Council under para-
graph (d) of subsection (1) of section 6.
(2) The tribunal shall consist of a judge of the Supreme Court or of the District Court to be appointed by the Chief Justice from time to time.
(3) The Chief Justice may also appoint one or more asses- sors to advise the tribunal appointed under this section.
(4) The assessors shall be remunerated at such rate as may be determined in each case by the Colonial Secretary:
Provided that nothing in this subsection shall authorize the payment of remuneration to any person employed full time in any office of emolument under the Crown.
(5) The Chief Justice may make rules providing for the procedure for notifying claims for compensation to the tribunal and for hearing and determining such claims by the tribunal and all matters incidental thereto.
(6) The tribunal shall have the following powers—
(a) to hear evidence on oath, to order persons to attend and give evidence, and to produce documents, in like manner as in proceedings in the Supreme Court, and the like powers of punishment as are conferred by spations 36 and 37 of the Supreme Court Ordinance.
(b) to order inspection of any premises and to enter upon and view any premises in like manner as in the Supreme Court; and
(c) to award costs.
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8. Any compensation awarded by the tribunal under section 7 shall be paid out of the general revenue of the Colony if the undertaking is authorized by the Governor in Council.
9. No injunction shall be granted prohibiting any under- taking authorized under section 6 and no action shall be brought for damages in respect of the undertaking.
10. Subject to the provisions of this Ordinance as to the awarding of compensation by the tribunal, the Governor may at any time, by order in writing, authorize the Director to proceed with the necessary works; and no injunction shall be granted prohibiting the undertaking so authorized, nor shall any action be brought for damages in respect of the said undertaking.
II. (1) Notwithstanding any provision of this Ordinance, the Governor may at any time authorize the Director in writing temporarily to close or temporarily to alter substantially any street or any part thereof and to proceed with the necessary works.
(2) No notice or order under this Ordinance shall be neces- sary in respect of any such temporary closure or temporary substantial alteration authorized under this section; and no injunction shall be granted prohibiting the work so authorized. nor shall any action be brought for damages in respect of the said works, nor shall any compensation be payable in respect of the said works except as provided in subsections (3), (4) and (5).
(3) If any temporary closing or temporary substantial altera- tion of a street authorized under this section continues for a period exceeding six months, the owner or occupier of any prop- erty held under a Crown lease may submit to the Director a claim for compensation for any pecuniary loss or damage to such property caused by the undertaking.
(4) Any such claim shall be forwarded in writing to the Director so as to reach his office not later than one month after the cessation of the undertaking.
(5) Any such claim shall-
(a) specify the property affected by the undertaking and the interest of the person making the claim in the property:
(b) specify the manner in which the property has been
affected by the undertaking; and
(c) contain an estimate of the pecuniary loss or damage to
the property caused by the undertaking.
Compensation
payable out of general
ravenue,
No action lica where undertaking authorized by Governor in Council or Director.
Governor may authorize undertaking subject to claims for Compensation.
Temporary closures or substantial alterations.
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