HC Deb 31 December 1916 vol 88 cc1684-7

Any land which, or an interest in which, has been acquired under this Act may be used by any Government Department for the purpose for which it was used during the War or for any other purpose for which it could have been used had the land been acquired under the Defence Acts, 1842 to 1873, or the Military Lands Acts, 1892 to 1903, notwithstanding that such user could, but for this provision, have been restrained as being in contravention of any covenant or for any other reason, and no person interested in any adjoining or neighbouring land shall be entitled to restrain such user; but if, apart from this provision, he would have been entitled to restrain such user he shall, if application for the purpose is made within three years after the date of the acquisition of the land under this Act or after the commencement of the user causing the depreciation, whichever may be the later, be entitled to such compensation as the Commission may think just:

Provided that—

  1. (a) no compensation other than compensation in respect to a breach of a restrictive covenant shall be payable if the land is used by a Government 1685 Department for a purpose for which it could have been used had the land been acquired under the Defence Acts, 1842 to 1873, or the Military Lands Acts, 1892 to 1903; and
  2. (b) where such compensation is claimed in respect of any land, the Department may require the claimant to sell the land or his interest therein at such price as would have been proper if the value of the land had not been so depreciated, such price in default of agreement to be determined in like manner as if the land had been acquired under Section three of this Act; and
  3. (c) nothing in this Section shall be construed as depriving any person of any right to recover damages in respect of any injury to property caused by accident due to such user as aforesaid; and
  4. (d) nothing in this Section shall affect the liability of any person in respect of any contravention of the Alkali, etc., Works Regulation Act, 1906, or the Rivers Pollution Acts, 1876 and 1893, or of any local Act dealing with the like matters, or affect the powers conferred by any Act, whether public, general, or local, on any local authority, board of conservancy, or other public authority, with respect to the prevention of the pollution of rivers, or the abatement of nuisances caused by the emission of smoke or other noxious fumes.

Lords Amendments:

In Sub-section (1), leave out the word "provision"["but for this provision"], and insert instead thereof the word"Act."—Agreed to.

After the word "land"["adjoining or neighbouring land"], insert the words "or entitled to any riparian rights."— Agreed to.

Leave out the word "provision"["apart from this provision"], and insert instead thereof the word"Act."— Agreed to.

Leave out the word "he"["he would have been entitled"], and insert the words "any such person."—Agreed to.

Leave out the words "he shall"["to restrain such user he shall"], and insert instead thereof the word"then."—Agreed to.

Leave out the words "be entitled to such compensation as the Commission may think just," and insert, instead thereof,

"he shall,

  1. (i) if the land is used for a purpose for-which it could have been used had the land been acquired under the; Defence Acts, 1842 to 1873, or the Military Lands Acts, 1892 to 1903,be-entitled to such compensation in. respect of any breach of a restrictive-covenant or damage caused by the-pollution, abstraction, or diversion of water, or by the emission of noxious fumes, as in default of agreement may be determined in manner-provided by this Act; and
  2. (ii) if the land is used for any other-purpose, be entitled to such compensation in respect of any damage occasioned by such user as in default, of agreement may be determined in. manner provided by this Act."— Agreed to.

Leave out paragraph"(a) no compensation other than compensation in respect to-a breach of a restrictive covenant shall be-payable if the land is used by a Government Department for a purpose for which it could have been used had the land been acquired under the Defence Acts, 1842 to-1873, or the Military Lands Acts, 1892 to 1903; and."—Agreed to.

In paragraph (b), after the word "may"["the Department may require"], insert the words "at any time before such claim is determined, and on payment of all costs properly incurred by the claimant in. respect of his claim."—Agreed to.

In paragraph (d), leave out the words "nothing in this Section shall affect the liability of any person in respect of any contravention," and insert instead thereof the words "is the user of land or an interest in land acquired under this Act the provisions."

Sir G. CAVE

I beg to move, "That this House doth agree with the Lords in the said Amendment.

Perhaps I may offer a word of explanation. There was a discussion on this, proviso in this House, and it was pointed out by myself and others that, as it stands, it really has no effect, and the effect of the Lords Amendment is to make it. operative.

Question put, and agreed to.

Leave out the word "or"["or the Rivers Pollution Acts"], and insert instead thereof the word"and."—Agreed to.

After the word "pollution"["or the Rivers Pollution Acts"], insert the word"prevention."—Agreed to.

5.0 P.M.

Leave out the word "or"["or affect the powers conferred by any Act"], and insert instead thereof the words "shall be complied with and those Acts shall apply accordingly, and nothing in this Section shall."—Agreed to.