Land Act, 1939

Power of the Land Commission to make new watercourses and drains.

55.—(1) Whenever the Lay Commissioners (other than the members of the Appeal Tribunal) are of opinion that it is necessary or expedient for the improvement of any land which has at any time, whether before or after the passing of this Act, been purchased or agreed to be purchased under the Land Purchase Acts, that new watercourses or new drains should be made through other lands and that the making of such watercourses or such drains through such other lands is reasonable in the circumstances, the said Lay Commissioners may by order empower the Land Commission to enter on the said other lands and there to make such watercourses or such drains as may be specified in such order and do all such things, including the removal of soil, as may be necessary for or incidental to the making of such watercourses or drains.

(2) Every order under the foregoing sub-section of this section shall be made either on the consent of the owner of the land upon which the watercourses or the drains are to be made under such order or after service of the prescribed notices and the making of the prescribed investigations, and shall, in either case, contain such terms as to compensation or otherwise as the circumstances of the case may require.

(3) Where the compensation payable in accordance with an order under this section in respect of any land does not exceed fifty pounds, such compensation may be paid to the person who satisfies the Land Commission that, for not less than six years immediately preceding the date of such order, he or his predecessors in title have been in actual occupation of such land.

(4) An appeal shall lie to the Appeal Tribunal from every order made under this section otherwise than on the consent of the owner of the land on which watercourses or drains are authorised by such order to be made, and the decision of the Appeal Tribunal on any such appeal shall be final, subject only to an appeal to the Supreme Court on questions of law.