May we have clarification regarding works being modified, relocated or altered in any manner?
SECTION 10.
Question proposed: "That section 10 stand part of the Bill."
Section 10 is a natural extension of section 9 and details the circumstances in which the Commissioners may enter land and do all such things as they consider necessary to prevent flooding or other injurious consequences arising from the unauthorised modification, relocation or alteration of relevant works. Such powers may be exercised when the commissioners are of the opinion there is an imminent risk of flooding.
That gives the Office of Public Works the power to take action. I am satisfied with that.
Why are there two paragraphs, (a) and (b), dealing with notice?
Section 10 (2) provides that before entering land a minimum of 24 hours' notice must be given to the owner or occupier of the land in question unless the commissioners are of the opinion that it is necessary to enter the land immediately. There has always been doubt as to the circumstances in which the Commissioners might enter lands for the purpose of reinstating works interfered with by third parties or the notice which must be given before doing so. The matter has been the subject of litigation on a number of occasions. The problem is that there is no provision in the Principal Act which adequately covers the various situations which may arise.
In view of the high risk of flooding in cases where there has been unauthorised interference, for example, the removal of stretches of embankments, it is considered expedient to make a provision in the current Bill. The Principal Act had certain deficiencies which were challenged in the courts over time and this is an effort to simplify the procedure and plug those gaps.
Does it mean that when the 24 hours period is complied with the landowner cannot stop the Office of Public Works from entering to carry out the necessary works?
There may be circumstances in which somebody may look for an injunction in the High Court, but generally that is the intention.
Question put and agreed to.