Arterial Drainage (Amendment) Act, 1995
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Powers of Commissioners where there is a substantial risk of flooding as a result of modification or relocation of relevant works. |
10.—(1) If relevant works are modified, relocated or altered in any other manner by a person without the consent of the Commissioners it shall be lawful for the Commissioners, if they are of opinion that there is a substantial and imminent risk of flooding or other injurious consequence arising as a result of such modification, relocation or alteration, to take such steps and carry out such works as they consider necessary to prevent such flooding or other injurious consequence and, without prejudice to the generality of the foregoing, the Commissioners may enter on any land and do all things thereon as they consider necessary for the said purpose. | |
(2) (a) Subject to paragraph (b), the Commissioners shall not enter on any land pursuant to subsection (1) without giving at least 24 hours previous notice of their intention to do so to any owner or occupier of the land whose identity and whereabouts can be ascertained by the Commissioners by the taking of reasonable steps. | ||
(b) This subsection shall not apply in any case where the Commissioners are of opinion that, by reason of the particular circumstances of the case, it is necessary to enter immediately on the land concerned. | ||
(3) Where a person (not being a person who carried out the modification, relocation or alteration of the relevant works concerned) suffers loss or damage in consequence of the exercise by the Commissioners of a power conferred on them by this section, the Commissioners shall pay to the person compensation in respect of the loss or damage. | ||
(4) In this section “relevant works” has the same meaning as in section 9 . |