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Section 95: Temporary servitudes

Rivers And Canals Act · PART III: GENERAL PROVISIONS

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

95. Temporary servitudes (1) Subject to subsections (1) and (2), the Permanent Secretary, Ministry of Works, or any interested party when authorised by the Governor-General under section 93 and all persons employed or authorised by them may— (a) enter on private land; (b) take stones and earth from the private land; (c) erect provisionally on private land within 200 metres of works to be performed, labourers’ camps, workshops, forges and places for mixing and preparing materials for the works; and (d) provide a passage for labourers, materials and all persons in connection with the works. (2) Compensation shall be made for the value of the stones and earth taken under subsection (1) and for any prejudice caused by the temporary servitudes created. (3) This section shall not apply except with the owner's consent, to any land which forms the whole or part of a garden, orchard, or of any enclosure or space forming an appendage to a dwelling-house, sugar-mill or other manufactory nor to any private road or avenue or ornamental ground.

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