Air Navigation and Transport Act, 1950

Entry on land, etc., compulsorily acquired under the Principal Act before conveyance or ascertainment of compensation.

8.—(1) In this section the expression “water right” means a right of impounding, diverting or abstracting water.

(2) At any time after the Minister becomes entitled under subsection (1) of section 41 of the Principal Act to acquire compulsorily any land or any water right or to use compulsorily any water right and before conveyance or ascertainment of compensation, the Minister may, subject to the subsequent provisions of this section, enter on and take possession of that land or exercise that water right.

(3) Where the Minister exercises any power conferred on him by subsection (2) of this section in relation to any land or water right, then—

(a) subject to paragraph (b) of this subsection, the Minister shall pay to the person, who is the occupier of that land or the owner of that water right, interest on the amount of the compensation payable to such person at the rate of three per cent. per annum from the date on which such power was exercised until payment of such compensation,

(b) if—

(i) the Minister has made an unconditional offer in writing of any sum as such compensation to such person, and

(ii) the offer is not accepted by such person, and

(iii) the sum awarded as compensation by the official arbitrator to such person does not exceed the sum so offered,

no interest shall be payable on such compensation in respect of any period after the date of the offer.

(4) The Minister shall not—

(a) enter on or take possession of any land under subsection (2) of this section without giving to the occupier thereof at least one month's or, in the case of an occupied dwelling-house, three months' previous notice in writing of his intention to do so, or

(b) exercise any water right under subsection (2) of this section without giving the owner thereof at least one month's previous notice in writing of his intention to do so.

(5) A notice under subsection (4) of this section may be given to any person by sending it by prepaid post in an envelope addressed to that person at his usual or last known address.

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

(a) by the description “the occupier” or “the owner” (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.