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17 1933

CEMENT ACT, 1933

PART III.

Compulsory Acquisition of Land for the Purposes of Cement Factories.

“Land.”

17. —In this Part of this Act the word “land” includes easements and profits á prendre.

Compulsory acquisition orders.

18. —Where the Minister is satisfied that a person who is the holder of a cement manufacture licence is unable to acquire by agreement any land which, in the opinion of the Minister, is necessary for the purposes of the business authorised by such licence, the Minister may, on the application of such person, but subject to the provisions of this Part of this Act, make if he so thinks fit, an order (in this Part of this Act referred to as a compulsory acquisition order) putting into force as respects such land the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement.

Applications for compulsory acquisition orders.

19. —(1) Every application for a compulsory acquisition order shall—

(a) be in the prescribed form;

(b) contain the prescribed particulars of the land in respect of which the order is sought, and the names and addresses of the occupiers, lessees and owners of such land;

(c) contain particulars of the efforts made by the applicant to acquire such land by agreement;

(d) contain such other particulars as may be prescribed.

(2) Whenever an application for a compulsory acquisition order is sent to the Minister the applicant shall within the prescribed time to do the following things, that is to say:—

(a) serve in the prescribed manner on such persons as may be prescribed copies of such application;

(b) publish in such newspaper or newspapers as may be specified by the Minister notice of the making of such application.

(3) Any person who claims to be interested in any land the subject of an application for a compulsory acquisition order may make representations to the Minister in relation to such application.

Restriction on making compulsory acquisition orders.

20. —(1) The Minister shall not make a compulsory acquisition order until the expiration of the period of six weeks from the date of the application for such order and until he has considered any representations received by him before the expiration of such period.

(2) The Minister shall not make a compulsory acquisition order in relation to any land which at the date of the application therefor forms part of any park, demesne, garden or pleasure ground or forms part of the home farm attached to and occupied with a mansion house or is otherwise required for the amenity or convenience of any dwelling-house or is the property of any local authority or has been acquired by any corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking or is the site of an ancient monument or is the site of any factory in respect of which a cement manufacture licence is in force.

Provisions in relation to compulsory acquisition orders.

21. —The following provisions shall have effect in relation to every compulsory acquisition order, that is to say:—

(a) such order shall be expressed and operate to put in force, as respects the land specified therein, the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement;

(b) such order shall be in the prescribed form and shall contain such provisions as the Minister shall think necessary and proper for the purpose of carrying the order into effect, and shall incorporate, subject to the necessary adaptations, the Lands Clauses Acts (except the provisions thereof relating to superfluous land and access to the special Act), but subject to this modification that any question of disputed compensation shall be determined by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919;

(c) in construing, for the purposes of this section or such order, any enactment incorporated with such order, this section together with such order shall be deemed to be the special Act and the person upon whose application such order was made shall be deemed to be the promoters of the undertaking.

Local inquiries.

22. —(1) For the purposes of considering an application for a compulsory acquisition order the Minister may appoint an officer of the Minister to hold a public inquiry into such application in the locality in which the land the subject of such application is situate, and the applicant and all persons interested in such lands shall be entitled to appear and be heard at any such inquiry.

(2) Evidence given before an officer of the Minister appointed to hold an inquiry under this section shall, if such officer so requires, be given on oath (which oath such officer is hereby empowered to administer) and any person who gives false evidence before any such officer shall be guilty of perjury and punishable accordingly.