Arterial Drainage Act, 1945

Matters to be regarded in assessment of compensation.

17.—When assessing compensation in pursuance of any of the three next preceding sections, the arbitrator shall in every case have regard to any benefit to any property (whether such property is or is not the property in respect of which such compensation is claimed) of the person claiming such compensation which is occasioned by or may reasonably be expected to arise from the carrying out of the drainage scheme in relation to which the compensation is claimed and, in particular, the arbitrator—

(a) shall, in the case of a claim in respect of a canal or other navigable waterway, have regard to any permanent benefit to the navigation of such waterway occasioned by or which may reasonably be expected to arise from the execution of the said drainage scheme, and

(b) shall, in the case of a claim in respect of water-rights, have regard to any alternative water supply provided by the Commissioners, and

(c) shall, in the case of a claim in respect of interference with water or a watercourse providing power for a mill or other industrial concern, have regard to the extent to which the power so provided was used for an industrial purpose during the ten years next preceding the date of the confirmation of the said drainage scheme by the Minister, and shall also have regard to any alternative source of power provided by the Commissioners.