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Requisitioned Land and War Works Act 1945

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This is the original version (as it was originally enacted).

29Removal of works and restoration of land

(1)Where government war work has been done on any land, or where the value of any land has been diminished by damage caused by government war use thereof, any Minister, or any person acting under the authority of any Minister, shall have power and be deemed always to have had power, as against all persons interested in the land—

(a)to remove any works constructed or other thing placed on, over or below the surface of the land in the course of the work; and

(b)for the purpose of restoring the land wholly or partly to the condition in which it was before the work was done or the damage was caused, to do such work on the land as he thinks fit; and

(c)for the purpose of exercising those powers, to enter upon any land of which he is not in possession:

Provided that—

(i)the powers conferred by this subsection shall not be exercisable in relation to any works in respect of the value of which an amount has been paid under Part II of this Act to a Minister in pursuance of a report of the Commission; and

(ii)after the passing of this Act, entry upon any land shall not be demanded as a right, under paragraph (c) of this subsection unless reasonable notice of the intended entry has been given to the occupier of the land; and

(iii)where in connection with any works an agreement in writing has, whether at, before or after the time of the construction thereof been made by or on behalf of any Minister with any person then having an interest in the land on which the work is constructed, which contains a specific provision that the works should belong to that person permanently, the said powers shall not be exercisable in relation to those works so as to defeat that provision of that agreement.

(2)Where any land is damaged in the exercise of the powers conferred by paragraph (c) of subsection (1) of this section, the Minister shall pay such compensation to the persons interested in the land as- may be just, and any dispute -as to the compensation payable shall be decided by the General Claims Tribunal constituted under the Compensation (Defence) Act, 1939

(3)Without prejudice to the operation, as respects the war period, of any Defence Regulation, no person (other than a constable or servant of His Majesty acting in the course of his duty as such) shall, except with permission granted by or on behalf of a Minister, remove, alter or tamper with anything which a Minister has power to remove Under this section.

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