3Application of Act

3 Application of Act

(1)  This Act applies to so much of the land described in the Schedule as the Governor may by a proclamation, made on the recommendation of the committee, declare to be lands to which this Act applies.

(2)  Before making a recommendation for the purposes of this section in respect of any land the committee shall consult with the corporation, and the committee shall not make such a recommendation unless it is satisfied –

(a) that, as a consequence of earth movement, the improvements on the land, or the main portion of them, have been demolished or removed; or

(b) that, by reason of damage or injury to any of the improvements on the land as a consequence of earth movement, they are not reasonably capable of being used for the purpose for which they were intended to be used –

and in either case that the improvements were or are –

(c) a dwelling-house that was or is occupied, or usually occupied, permanently; or

(d) such that their demolition, removal, or disuse has caused or will cause the owner of the land substantial personal hardship.

(3)  The committee has absolute discretion whether or not to make a recommendation for the purposes of this section in a case in which it is satisfied as provided in paragraph (d) of subsection (2) and not as provided in paragraph (c) of that subsection.