sec.37Temporary occupation of land

### sec.37 Temporary occupation of land The constructing authority may temporarily occupy and use any land for the purpose of constructing, maintaining or repairing any works, and may exercise any of the following powers— take therefrom stone, gravel, earth, and other material; deposit thereon any material; form and use temporary roads thereon; manufacture bricks or other materials thereon; erect workshops, sheds, and other buildings of a temporary nature thereon. The constructing authority or the person having the charge of the works shall, before occupying or using any land as herein provided, and except in the case of accident requiring immediate repair, give to the occupier or, if there is no occupier, the owner thereof not less than 7 days notice in writing, and shall state in such notice the use proposed to be made of the land and an approximate period during which such use is expected to continue. The owner of the land or any other person having any estate or interest in the land may, at any time during such occupation or within 3 months thereafter, give notice in writing to the constructing authority that the owner claims compensation, and, subject to giving such notice, if the land is not taken the owner and all such other persons may recover under this Act compensation for all damage done, but not in the case of the owner or any such other person exceeding the compensation which would have been payable to him or her had the land been taken. No compensation shall be payable for any act or thing done under this section, the right or authority to exercise which is reserved by any Act, or by any regulation, Crown grant, or other instrument, except to the extent therein mentioned, notwithstanding that the terms and conditions imposed by such Act, regulation, grant, or instrument have not been performed. The constructing authority and the claimant may agree upon the amount of compensation to be paid under this section or they may agree that such amount be determined by the Land Court, in which case such amount shall, upon the reference of either of them, be determined by the Land Court as if the land had been taken and the claim were limited to the compensation recoverable under this section. s 37 amd 2003 No. 19 s 3 sch (sec.37-ssec.1) The constructing authority may temporarily occupy and use any land for the purpose of constructing, maintaining or repairing any works, and may exercise any of the following powers— take therefrom stone, gravel, earth, and other material; deposit thereon any material; form and use temporary roads thereon; manufacture bricks or other materials thereon; erect workshops, sheds, and other buildings of a temporary nature thereon. (sec.37-ssec.2) The constructing authority or the person having the charge of the works shall, before occupying or using any land as herein provided, and except in the case of accident requiring immediate repair, give to the occupier or, if there is no occupier, the owner thereof not less than 7 days notice in writing, and shall state in such notice the use proposed to be made of the land and an approximate period during which such use is expected to continue. (sec.37-ssec.3) The owner of the land or any other person having any estate or interest in the land may, at any time during such occupation or within 3 months thereafter, give notice in writing to the constructing authority that the owner claims compensation, and, subject to giving such notice, if the land is not taken the owner and all such other persons may recover under this Act compensation for all damage done, but not in the case of the owner or any such other person exceeding the compensation which would have been payable to him or her had the land been taken. (sec.37-ssec.4) No compensation shall be payable for any act or thing done under this section, the right or authority to exercise which is reserved by any Act, or by any regulation, Crown grant, or other instrument, except to the extent therein mentioned, notwithstanding that the terms and conditions imposed by such Act, regulation, grant, or instrument have not been performed. (sec.37-ssec.5) The constructing authority and the claimant may agree upon the amount of compensation to be paid under this section or they may agree that such amount be determined by the Land Court, in which case such amount shall, upon the reference of either of them, be determined by the Land Court as if the land had been taken and the claim were limited to the compensation recoverable under this section. - (a) take therefrom stone, gravel, earth, and other material; - (b) deposit thereon any material; - (c) form and use temporary roads thereon; - (d) manufacture bricks or other materials thereon; - (e) erect workshops, sheds, and other buildings of a temporary nature thereon.