G.F. 323
CONFIDENTIAL #
54
Clause 6: The Governor may by order direct
that an easement over land in the railway area shall be
created at the expiration of not less than one month's
notice. An order creating an easement may contain other
necessary or desirable provisions, but no power to enter
premises may be exercised unless at least 14 days' notice
is given to the occupier, except where the Director
considers that an emergency exists or the entry is
only for the purpose of inspection or routine maintenance.
The creation of the easement is to be noted in the Land
Office register.
Clause 7: Notice of creation of an easement
is to be given by affixing a form of notice to the land
affected, by publishing notice in the Gazette and
making a copy of the order under clause 6 and a plan
of the easement available for inspection at certain
Government offices. The contents of the notice are
prescribed in subclause (3).
Under item 2 of Part I of the Schedule any person
who has a "compensatable interest" in the land may claim
compensation for the loss of value of land and a
"disturbance payment" for "disturbance" caused by the
creation of the easement.
The terms "compensatable interest", "disturbance'
and "disturbance payment" are used in various places in
Part I of the Schedule. They are defined in paragraph 2
of Part II thereof. A person has a compensatable
interest if (inter alia) he is a monthly tenant or has
a greater interest. Briefly "disturbance" means a
termination or interruption of or interference with residence; trade or business and a "disturbance payment" is a sum
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