A172
Power to enter
and use land.
Power to requisition property.
Ord. No. 44/77 OIL POLLUTION (LAND USE AND REQUISITION)
(2) Without prejudice to his power to make further orders under subsection (1), the Governor may by order discontinue the operation of this Part by revoking the order under subsection (1).
(3) An order under this section need not be published in the Gazette prior to its commencement, but shall be given such publicity as the Governor may deem fit, and shall as soon as may be convenient be published for information in the Gazette.
5. (1) Any public officer so directed by a competent authority may, for a specified purpose and accompanied by such other public officers or other persons as he thinks necessary-
(a) enter any land, and pass over any land;
(b)
use any land and conduct therein any operation; and
(c) remove from any land or prevent from entry to any land any
person, including the owner or occupier thereof:
Provided that such a power shall not be exercised in relation to any part of a building used for residential purposes unless the competent authority's directions are given in writing.
(2) Any such public officer may cause to be taken on to any land such vehicles, machinery, equipment and material as he thinks necessary for the specified purpose.
6. (1) A competent authority and any public officer authorized in that behalf by a competent authority in writing may, if and for so long as it appears to him to be necessary or expedient for a specified purpose
(a) requisition any property, other than land, vessels of foreign
registration and aircraft;
(b) give such directions and take such steps as appear to him to be necessary to secure effective use or possession of the requisi- tioned property; and
(c) use and deal with any such property as if he were the owner
thereof.
(2) All property requisitioned under subsection (1) shall as far and as soon as practicable be returned to the owner or person from whom it was requisitioned.
#
Compensation.
PART III
COMPENSATION
7. (1) Any person who sustains loss or damage in consequence or arising out of the exercise of any power under Part II, or is entitled to the use of or rent from any property requisitioned under section 6, shall, subject to this Part. be entitled to recover such compensation as is just having regard to all the circumstances of the case.
(2) A claim for compensation under this Ordinance shall be made in writing to the Secretary for the Environment not later than 3 months after the last day on which the power was exercised or the use of any land or requisitioned property ceased:
Provided that the Secretary for the Environment may, in any particular case, extend the period for making claims.
(3) Upon receipt of a claim, the Secretary for the Environment shall as soon as practicable cause the amount of compensation to be assessed and notice of the amount assessed to be served upon the claimant personally or by registered post.
No comments yet.
Private notes are available after approval.