Turf Development Act, 1946

Entry on land, etc., before conveyance.

30.—(1) At any time before conveyance or ascertainment of price or compensation, the Board may, subject to the subsequent provisions of this section and for the purpose of exercising or performing any of its functions, do all or any of the following things:—

(a) enter on and take possession of any land;

(b) exercise any right which the Board is authorised by this Act to acquire;

(c) terminate, restrict, or otherwise interfere with any easement or other property or right which the Board is authorised by this Act to terminate, restrict or otherwise interfere with;

(d) divert, close, remove or otherwise interfere with any private road, way, or bridge or any canal or other artificial waterway or any artificial watercourse which the Board is authorised by this Act to divert, close, remove, or otherwise interfere with.

(2) Whenever the Board exercises any of the powers conferred on it by subsection (1) of this section, the Board shall be liable to pay to the occupier of the land or the owner of the easement, right, or other property entered upon or interfered with by the exercise of such power, interest on the amount of the price or compensation payable under this Act to such occupier or owner at the rate of three per cent. per annum from the date of such entry or interference until payment of such price or compensation.

(3) The Board shall not—

(a) enter on or take possession of any land under this section without giving to the occupier of such land at least one month's or, in the case of an occupied dwellinghouse, three months' previous notice in writing of its intention so to do, or

(b) exercise any easement or other right or interfere with any right or property under this section without giving to the owner of such easement, right, or property at least one month's previous notice in writing of their intention so to do.

(4) A notice under subsection (3) of this section may be served on any person by sending such notice by prepaid post in an envelope addressed to such person at his usual or last known address and shall be deemed to have been served on such person at the time at which such envelope would be delivered in the ordinary course of post.

(5) Where, for any reason, the envelope mentioned in subsection (4) of this section cannot be addressed in the manner provided by that subsection, that envelope may be addressed to the person for whom it is intended in either or both of the following ways:—

(a) by the description “the owner” or “the occupier” (as the case may be) without stating his name,

(b) at the land or the situation of the property to which the notice contained in the envelope relates.