Part IIILands

23Temporary possession of land

(1)This section applies to the land referred to in Schedule 9 to this Act (hereinafter in this section referred to as“the said land”).

(2)The Company may, for the purpose of enabling them to construct the works, enter upon and take possession temporarily of the said land after giving the owners, lessees and occupiers thereof not less than one month’s previous notice in writing and may remove any structures thereon, and may construct temporary works and structures thereon for such purpose:

Provided that the Company—

(a)shall not without the agreement of the owners, lessees and occupiers thereof remain in possession of the said land under the powers of this section after a period of 5 years from the date of entry thereon;

(b)shall not be empowered to purchase compulsorily or be required to purchase the said land (except such subsoil or new rights as they require under the provisions of section 19 (Power to acquire subsoil or new rights only in certain cases) of this Act).

(3)Before relinquishing possession of the said land the Company shall remove all works and structures erected by them on the surface thereof and shall, subject to any agreement to the contrary with the respective owners, lessees or occupiers thereof, reinstate the said land so far as reasonably practicable to its condition immediately before entry thereon by the Company.