ARRANGEMENT OF SECTIONS

SECTION

CHAPTER 259

RECLAMATION AND DRAINAGE

[Commencement 18th January, 1937]

"Minister" means the Minister responsible for Public Works;

"reclamation area" means an area declared to be a reclamation area under section 3 of this Act;

"reclamation officer" means any public officer designated by the Minister as a reclamation officer for the purposes of this Act;

"reclamation work" means grading, paving, clearing, filling in, drainage or any similar work having for its object the removal or abatement of any swamp or area of similar nature which is a breeding place or harbourage for insects or which is otherwise insanitary and injurious to health or comfort;

"owner" means the person who is for the time being receiving, or who if the land were let at a rack-rent would receive, the rack-rent of the land:

Provided that, if in any case the person who by virtue of the foregoing definition would be the owner of the land is a person himself liable to pay a rack-rent in respect of the land to a superior landlord, that superior landlord and not the person aforesaid shall be deemed to be the owner of the land for the purpose of this Act;

For the purposes of this definition-

"rack-rent" means rent which is not less than two-thirds of the full net annual value of the land out of which the rent arises and the full net annual value shall be taken to be the rent at which the land might reasonably be expected to let from year to year, free from all tenant's rates and taxes (if any), and deducting therefrom the probable annual cost necessary to maintain the same in a state to command such rent;

"property" means land within a reclamation area which is the subject matter of ownership by an owner as herein defined.

Provided that, where loss or damage is alleged to have been occasioned to such land surrounding or adjacent to a reclamation area or part thereof the fact whether such loss or damage has been occasioned or not shall be referred to arbitration and if the fact of such loss or damage is established the extent of such loss or damage shall also be referred to arbitration and compensation as assessed in or by such arbitration shall be payable to the owner of the land aforementioned by the owner of the reclamation area or by the Treasurer as the case may be and shall be deemed to form a part of the expense of the reclamation work.

(2) The method of arbitration referred to in subsection (1) of this section shall be by two arbitrators one to be appointed by the owner of the land surrounding or adjacent to a reclamation area or part thereof and the other by the owner of the reclamation area or by the Minister as the case may be. The said arbitration shall be under the chairmanship of a judge of the Supreme Court who shall have a casting vote only and the decision of the arbitration shall be final.

Provided that, where a sale has been effected under this section, any proceeds of such sale which shall remain after deduction of the amount of expense incurred as aforementioned shall be paid by the Treasurer to the owner:

Provided, also, that no reclaimed land shall be sold without approval of the owner if he has paid one-fourth part at least of the expense of the said reclamation work within two years after the completion of the said reclamation work, and the remaining three-fourths part of the said reclamation expense within five years after the completion of the said reclamation work.