192957-1932-Supplementary-Draft-Bill--Foreshore-and-Sea-Bed-Works — Page 3

Property occupied by public works

vested in Crown.

Provision for claims.

Powers of judge in claims of

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to have ceased to exist prior to the commencement of the said works: provided that in the case of temporary works all such public and private rights shall be deemed to be in abeyance only for so long as such works remain in existence.

7. The foreshore, sea bed and land occupied by such works is hereby declared to be absolutely the property of the Crown, free from any restriction whatever.

8.(1) Any person intending to make any claim in respect of the extinguishment or alleged extinguishment, under this Ordinance, of any private right, or in respect of any injurious affection of any property by reason of any authorised works, shall deliver to the Director of Public Works within three months from the publication in the Gazette of the notification of approval but not thereafter, a written claim stating the nature and particulars of the alleged private right and the amount which he secks to recover.

(2) The Governor may, if he thinks fit, enter into an agreement with any claimant for the compromise or settlement of any claim.

(3) If the Governor makes no acceptable offer of settle- ment or compromise within two months of such delivery of the written claim the claimant may within three mouths of such delivery notify the Director of Public Works that he desires a reference to a judge; and the Governor shall thereupon refer the claim with the particulars thereof to such one of the judges as the judges may mutually

arrange.

(4)Such judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, hear counsel or solicitor on behalf of the Crown and the claimant, and shall determine the amount of compensation, if any, to be paid to any such claimant, and may award costs in his discretion either for or against the Crown or for or against any party claiming compensation, such costs in case of difference to be taxed by the Registrar of the Supreme Court.

(5) No appeal shall lie from any award or decision of a judge under this section,

9. For the purposes of the bearing of any claim for compensation, such judge shall have powers similar to those vested in the Supreme Court on the occasion of any compensation. action in respect of the following matters :-

Public and

not recog- nised.

(a) enforcing the attendance of witnesses and exami-

ning them upon oath, or otherwise;

(6) compelling the production of documents;

(c) punishing persons guilty of contempt;

(d) ordering inspection of any premises; and

(e) entering upon and viewing of any premises.

10. No claim shall be made in respect of any public other rights right, aud, except as in this Ordinance provided, no claim shall be made, nor shail any compensation be paid, or compromise, or settlement made in respect of the extin- guishment of any private right or alleged private right under the provisions of section 6 of this Ordinance, or in respect of any injurions affection of any property by reason of the authorised works.

No nelarge- ment of

11. Nothing in this Ordinance shall be deemed to recognise or create any right or claim, or any greater right compensation or claim to compensation than but for this Ordinance would exist and be recognised and enforceable by action in the Court,

rights.

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