§ (1)Where the confirming of an order made under the First Schedule to the Housing, Town Planning, etc., Act, 1909, is opposed, the Board shall, before confirming the order, duly consider the report of the person by whom, under paragraph (6) of that Schedule, a public inquiry is held, and the Board shall not confirm any order for the compulsory acquisition of land under that Schedule, even when the order is unopposed, if they are of opinion that the land is unsuited for the purpose for which it is proposed to be acquired.
§ Mr. MUNROI beg to move, in Subsection (1), after the word "order" ["the Board shall, before confirming the order"], to insert the words
and subject to the provisions of the next succeeding Sub-section.In one sense this is a drafting Amendment. It is consequential upon the insertion in Committee of Sub-section (2) of this Clause. Subsection (1) requires the Board, before sanctioning an order, to have regard to the Report of the person by whom a public inquiry has been held. Subsection (2), which was inserted in Committee, provides that for the next two years an order may be confirmed without any such inquiry, and in those cases the Board will have no Report to consider. The Amendment limits their duty accordingly.
§ Amendment agreed to.