Coast Protection Act, 1963
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Acquisition of and compensation for lands, rights, etc. |
13.—(1) As soon as may be after the date of an order under this Act confirming a coast protection scheme, the Commissioners shall proceed to acquire the several lands, easements, fisheries, water-rights, navigation-rights and other rights proposed in the scheme to be compulsorily acquired, save that it shall not be obligatory on the Commissioners to acquire any land, easement, fishery, water-right, navigation-right or other right proposed in the scheme to be compulsorily acquired as respects which the Commissioners become of opinion that the acquisition thereof is not necessary for the purpose of executing the scheme. | |
(2) The compensation to be paid by the Commissioners for lands, easements, fisheries, water-rights, navigation-rights and other rights compulsorily acquired in pursuance of subsection (1) of this section to the several persons entitled thereto or having estates or interests therein or entitled to or having estates or interests in the lands over or in respect of which the rights so to be acquired are exercisable shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by subsequent enactments. | ||
(3) It shall not be obligatory on the Commissioners to make any interference with any land, easement, fishery, water-right, navigation-right, or other right or any road or bridge, proposed in a coast protection scheme to be compulsorily made, as respects which the Commissioners become of opinion that the making thereof is not necessary for the purpose of executing the scheme. | ||
(4) The amount of compensation payable to any person on account of the compulsory substantial interference with any land or the compulsory restriction, termination, or other interference of or with any easement, fishery, water-right, navigation-right, or other right or the diversion, removal, or other interference of or with any private road or bridge under or in pursuance of a coast protection scheme, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by subsequent enactments, in like manner as if such compensation were the price of land compulsorily acquired. | ||
(5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to any compensation payable by the Commissioners under this section and the conveyance to the Commissioners of any land or right acquired by them under this section, and for the purposes of such application the Commissioners shall be deemed to be the promoters of the undertaking. | ||
(6) No action shall lie at law or in equity against the Commissioners or any officer, agent, or servant of the Commissioners in respect of any act, matter, or thing in respect of which compensation is payable by virtue of this section or the next section. |