Water Supplies Act, 1942

Determination of compensation in default of agreement.

15.—(1) Every application under this Act to a sanitary authority for compensation shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), in like manner in all respects as if such application were made in respect of the compulsory acquisition of land and such compensation were the price of land compulsorily acquired, but subject to the subsequent provisions of this section.

(2) The following provisions shall apply and have effect in relation to every arbitration held by virtue of the foregoing sub-section of this section to determine an application for compensation under this Act, that is to say :—

(a) the arbitrator shall have jurisdiction to determine whether compensation is, in the circumstances, payable at all;

(b) the fact (if it exists) that the name of the applicant is included in the relevant book of reference shall not preclude the sanitary authority from, contending that compensation is, in the circumstances, not payable at all;

(c) if the arbitrator determines that compensation is payable, he shall have jurisdiction to determine the amount of such compensation and the time or times at which it shall be paid, and also jurisdiction to determine whether such compensation shall be paid in one sum or by instalments and, in the latter case, the number, amount, and times of payment of such instalments and the provision, if any, to be made for payment of interest on the amount of such compensation for the time being outstanding or unpaid;

(d) when determining the amount of such compensation, the arbitrator shall have regard to any undertaking given by the sanitary authority to provide an alternative or additional water supply.