Cement (Amendment) Act, 1938
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Provisions in relation to transport works order. |
9.—(1) The following provisions shall have effect in relation to a transport works order granted to the holder of a cement manufacture licence, that is to say:— | |
(a) such order shall contain such provisions as the Minister thinks necessary or expedient for the purpose of such order; | ||
(b) without prejudice to the generality of paragraph (a) of this sub-section— | ||
(i) such order may contain provisions authorising such holder to acquire compulsorily any land the acquisition of which is, in the opinion of the Minister, necessary for giving effect to such order, | ||
(ii) such order may grant to such holder any rights in or over land or water, or in or over any public road the grant of which is, in the opinion of the Minister, necessary for giving effect to such order, | ||
(iii) such order shall, in respect of any land so acquired or any right over land or water so granted, provide for the payment of compensation by such holder to the several persons having estates or interests in such land or water, and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , | ||
(iv) such order may incorporate all or any of the provisions of the Lands Clauses Acts, with such modifications and adaptations as the Minister thinks proper, | ||
(v) such order shall specify the manner in which the transport works to which such order relates are to be constructed, | ||
(vi) such order may contain provisions as to the manner in which such transport works are to be operated and maintained, | ||
(vii) such order shall contain provisions limiting the use of such transport works to purposes relating to the business authorised by such cement manufacture licence and to such other purposes (if any) as may be specified in such order, | ||
(viii) such order shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by such order, | ||
(ix) such order may provide that where such holder acts in contravention (whether by commission or omission) of any specified provision of such order, such holder shall be guilty of an offence under such order and shall be liable on summary conviction thereof to such fine (not exceeding one hundred pounds) as may be specified in such order in respect of such offence and, in the case of a continuing offence, such further fine (not exceeding twenty pounds) as may be specified in such order in respect of such offence for each day during which such offence is continued after conviction thereof, | ||
(x) such order may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper, | ||
(xi) such order may provide for the determination by arbitration of any specified questions arising thereunder, | ||
(xii) such order may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper. | ||
(2) The Minister may amend under section 30 of the Principal Act, any transport works order made before the passing of this Act by inserting in such transport works order any provision which could lawfully have been inserted therein if this section had been in force when such transport works order was made. | ||
(3) Every order made under Part IV of the Principal Act or under the said Part IV as amended by this Act shall have the force of law. | ||
(4) All expenses incurred by the Minister in the exercise of his powers and functions under a transport works order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the person to whom such order is granted. |