Coast Protection Act, 1963

Matters to be regarded in assessment of compensation.

15.—When assessing compensation in pursuance of either of the two immediately preceding sections, the arbitrator shall in every case have regard to any benefit to any property (whether it is or is not the property in respect of which the compensation is claimed) of the person claiming the compensation which is occasioned by or may reasonably be expected to arise from the execution of the coast protection scheme in relation to which the compensation is claimed and, in particular, the arbitrator—

(a) shall, in the case of a claim in respect of water-rights, have regard to any alternative water supply provided by the Commissioners, and

(b) shall, in the case of a claim in respect of interference with water or a watercourse providing power for a mill or other industrial concern, have regard to the extent to which the power so provided was used for an industrial purpose during the ten years next preceding the date of the confirmation of the coast protection scheme, and shall also have regard to any alternative source of power provided by the Commissioners.