Electricity (Supply) (Amendment) Act, 1945

Compensation for injury to a fishery.

28.—(1) Subject and without prejudice to the power of acquiring fisheries and fishing rights given to the Board by Part III of this Act, the Board shall be liable to pay compensation (in this Act referred to as compensation for injury to a fishery) to every person who suffers loss or damage by reason of an injury to a fishery or fishing right owned by him where such injury is caused during the construction or by the operation generally of hydro-electric works constructed by the Board in pursuance of an approved scheme or by any particular mode or course of or negligence in the operation of such works.

(2) Every application for compensation under this section shall be made in writing to the Board within ten years after the injury, in respect of which such compensation is claimed, is alleged to have happened or begun.

(3) No compensation shall be payable under this section—

(a) in respect of an injury to a fishery or fishing right which is acquired by the Board under this Act, or

(b) in respect of an injury in relation to which no application for such compensation is duly made within the time limited in that behalf by the next preceding subsection of this section.

(4) The right to and the amount (if any) of compensation under this section shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , in like manner as if such compensation were the price of land compulsorily acquired.

(5) No action shall lie at law or in equity against the Board or any contractor or any officer or servant of the Board or of any contractor for or on account of any injury in respect of which either compensation is payable under this section or compensation is expressly declared by this section not to be payable under this section.