XN000022-1982-02-19 — Page 13

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FRIDAY, FEBRUARY 19, 1962

THE BILL, WHICH HAS BEEN DRAFTED ON THE ADVICE OF THE WORKING PARTY -

(A) PROVIDES IN ONE ENACTMENT ALL OF THE STATUTORY

POWERS THAT MAY BE NEEDED (AT ANY STAGE) FOR

THE PURPOSES OF CARRYING OUT NECESSARY ROADWORKS:

(B) GIVES RIGHTS OF OBJECTION AND PROVIDES FOR THOSE

OBJECTIONS TO BE CONSIDERED BY THE GOVERNOR-IN- COUNCIL :

(C)

REQUIRES THE GIVING OF AMPLE PUBLIC NOTICE OF PROPOSED ROADWORKS, RIGHTS OF OBJECTION AND THE POWER TO CLAIM COMPENSATION;

(D) GIVES FAIR RIGHTS TO COMPENSATION WHERE PEOPLE ARE DETRIMENTALLY AND DIRECTLY AFFECTED BY THE CONSTRUCTION OF ROADWORKS FOR THE PUBLIC BENEFIT OR THE EXERCISE OF STATUTORY POWERS IN CONNECTION THEREWITH; AND

(E)

EMPOWERS THE GOVERNOR-IN-COUNCIL, WHEN AUTHORIZING ROADWORKS. TO IMPOSE CONDITIONS SO AS TO AMELIORATE OR AVOID NUISANCE ARISING FROM THE ROADWORKS OR THEIR USE.

AN IMPORTANT AIM OF THE BILL IS TO INTRODUCE CERTAINTY AS TO THE PRECISE SCOPE OF CLAIMS FOR COMPENSATION FLOWING FROM ROADWORKS IN PLACE OF THE PRESENT UNCERTAINTY UNDER THE EXISTING ORDINANCE. TO THIS END THE BILL SETS OUT CLEARLY AND EXHAUSTIVELY ALL RIGHTS FOR COMPENSATION THAT MAY FLOW FROM THE CARRYING OUT OF ROADWORKS AUTHORIZED UNDER IT.

THE BILL GIVES THE LANDS TRIBUNAL JURISDICTION TO HEAR AND DETERMINE ALL CLAIMS FOR COMPENSATION UNDER THE BILL WHICH THE PARTIES HAVE BEEN UNABLE TO AGREE.

THE BILL WILL APPLY TO ALL NEW ROADWORKS EXCEPT THOSE ALREADY GAZETTED AND AUTHORISED UNDER THE EXISTING ORDINANCE EVEN THOUGH NOT YET STARTED.

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