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In forceUpdated to 15 Oct 2020
Contents

Chapter 3 · Rights of access to, and use of, alienated lands

61. Compensation

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Where any land, tree or crop is damaged or destroyed in the exercise of any power conferred on the State Authority by the provisions of this Chapter, the proprietor of the land or, as the case may be, the owner of the crop shall be paid such compensation as may be agreed or determined in accordance with section 434.

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Private person carrying out works 61a.  (1)  Where any person or body who intends to carry out any of the works mentioned in subsection 58(1) on any alienated land fails to obtain the consent of the proprietor of the land and, so far as the enjoyment of his interest will be thereby affected, of every person or body in occupation of any part thereof under any registered lease or tenancy exempt from registration, or entitled to the benefit of any easement thereover, the first-mentioned person or body may apply to the State Director for an order allowing the carrying out of such work.

(2)

Upon receiving an application under subsection (1), the

State Director shall publish in the Gazette a notice as described in subsection 59(1), and section 59 and subsection 60(1) shall apply mutatis mutandis.

(3)

Where the proprietor, person or body having any interest in the land referred to in subsection (1) has served a notice of objection on the Land Administrator, the State Director shall appoint such person or persons as he may think fit to enquire on the spot into the propriety of the intended work and the validity of the objection thereto and to report to him thereon, and shall, on receiving the report, make an order allowing or disallowing the work, or allowing it with such modifications or upon such conditions as he may consider necessary or desirable.

(4)

Where the State Director allows the intended work, the person or body carrying out the work, or his authorized agent or servant—

(a)

shall carry out the work in accordance with such modifications or conditions as are contained in the order of the State Director; and

(b)

shall have free access to any alienated land at all reasonable times for the purpose of surveying, setting out or marking the line of any drain, sewer, pipe, cable or wire, or for any of the purposes specified in subsection 58(1).

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National Land Code 127

(5)

Where the person or body carrying out the work fails to comply with any modification or condition contained in the order of the State Director, the State Director shall make an order—

(a)

directing the work to be discontinued; and

(b)

requiring the person or body to restore the land to the same state or condition as it stood at the time of the order allowing the carrying out of the work.

(6)

Where any land, tree or crop is damaged or destroyed in the carrying out of any work by any person or body under this section, the proprietor of the land or, as the case may be, the owner of the crop, shall be paid such compensation as may be agreed between such proprietor or owner of the crop and the person or body carrying out the work or, in default of an agreement between them, such compensation as may be determined by arbitration, and subsection 434(2) shall apply mutatis mutandis.

Division II—DISPOSAL OF LAND

Part Four—DISPOSAL OTHERWISE THAN BY ALIENATION

Report

Chapter 1

Reservation of land

Chapter 2

Temporary occupation of land

Chapter 3

Removal of rock material

Chapter 4

Permit to use air space above

Chapter 1

Introductory

Chapter 2

Approval of land for alienation

Chapter 3

Alienation under final title

Chapter 1

General

Chapter 2

Collection of arrears of rent

Chapter 3

Revision of rent

Chapter 2

Summary of conditions and restrictions in interest affecting alienated lands

Chapter 3

Implied conditions

Chapter 4

Express conditions and restrictions in interest

Chapter 5

Enforcement of conditions

Chapter 1

Subdivision of lands

Chapter 2

Partition of lands

Chapter 3

Amalgamation of lands

Chapter 4

Subdivision of buildings 151—157..

Chapter 1

The registers

Chapter 2

The subsidiary register 161—163..

Chapter 3

Final title in continuation of final title

Chapter 4

Replacement of register document of final title

Chapter 3

Chapter 2

Alienation under qualified title

Chapter 3

Final title and qualified title in continuation

Chapter 4

Conversion of qualified title into final title

Chapter 1

Powers of leasing, etc.

Chapter 2

Express and implied provisions

Chapter 3

Forfeiture

Chapter 4

Determination of leases and tenancies

Chapter 1

Creation of charges, and general provisions relating thereto

Chapter 2

Implied provisions

Chapter 3

Remedies of chargees: Sale

Chapter 4

Remedies of chargees: Possession

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules