Volume 1

Glen's law of public health and local government / [William Cunningham Glen].

  • W. Cunningham Glen
Date:
1925
Catalogue details

Licence: Public Domain Mark

Credit: Glen's law of public health and local government / [William Cunningham Glen]. Source: Wellcome Collection.

    1471/1480 (page 1201)
    Clause 48.— (1) Any land belonging to the Council which is reserved for [streets or for any purpose under Clause 35,6] may, when required for the purpose for which it is reserved, whether or not originally acquired for that purpose, be appropriated therefor. < (2)—{a) Notwithstanding the provisions of this Clause, no land forming part of any common, open space, or allotment within the meaning of sect. 73 of the Act of 1909 shall be appropriated to any other purpose except where land, not being less in area, certified by the Minister after consultation with the Minister of Agriculture and Fisheries to be equally advantageous to the persons, if any, entitled to commonable or other rights and to the public, is given in exchange.7 (b) Any land forming part of any common, open space or allotment as aforesaid appropriated under this Clause shall, by virtue of the appropriation, be discharged from any rights, trusts and incidents to which it wTas previously subject, and any land given in exchange shall be held subject to the same rights, trusts and incidents as attached to the land appropriated. Clause 49. Any members, officers or servants of the Council, on production of the written authority of the Council, shall be admitted into or upon any property within the area at any time between the hours of nine in the forenoon and six in the afternoon for the purpose of any inspection necessary for carrying this Scheme into effect or of enforcing any of its provisions. If admission for any of the purposes of this Clause is refused, any justice on complaint thereof on oath by any officer of the Council (made after reasonable notice in w'riting of intention to make the same has been given to the person having custody of the property) may by order under his hand require that person to admit any members, officers and servants of the Council into or upon the property during the hours aforesaid. If no person having such custody can be found, the justice shall, on oath made before him of that fact, by order under his hand authorise any members, officers and servants of the Council to enter into or upon the property during the hours aforesaid. Any such order made by a justice shall continue in force until the purposes for which admittance was required have been fulfilled or executed. Clause 50.— (1) Where it appears to the Council that any building or other work is such as to contravene this Scheme, or that in the erection or carrying out of any building or other work any provision of this Scheme has not been complied with, or that any person has failed to execute any work which it is his duty to execute under this Scheme and that delay in the execution of the work wrould prejudice the efficient operation of this Scheme, the Council may serve a notice containing a copy of this Clause and of sect. 57 of the Act of 1909 upon the person in default,8 specifying the respects in which the Scheme has been con¬ travened or the works in the execution of which delay has occurred, and stating that the Council intend to exercise their powers under sub-sect. (1) (a) or (b) of the said section, as the case may be. (2) At the expiration of one month from the date of the notice the Council may exercise their powers under paragraph (a) or (b) aforesaid, as the case may be, but, where they have previously been notified by the person served with the notice or by the Minister that a question whether any building or work specified in the notice contravenes the Scheme has been referred to the Minister for decision under sub-sect. (3) of the said section, the Council shall suspend further action pending the decision of the Minister. (3) When on any question referred to the Minister under sub-sect. (3) ot the said section it is determined that any building or work contravenes this Scheme, or that any provision of this Scheme has not been complied with in the erection or carry in ^ out of any building or other wTork, the Council, aftei giving such person as aforesaid notice that, at the expiration of a period specified in the notice (not being less than one month from the date of service of the notice), they intend to exercise their powers, under paragraph (a) aforesaid, may pioceed to remove, pull down, or alter the building or work. Clause 51.—(1) Any person who commits or knowingly permits any contravention or other breach of the provisions of this Scheme or who neglects or fails to comp \ with any of those provisions shall be guilty of an offence. . (2) Any person guilty of an offence under' this Scheme shall be liable on conviction in any court of summary jurisdiction to a penalty not exceeding toity Clause 48. Appropriation of lands. Entry on lands for inspection, &c. Contraventions of scheme. Penalties.' (6) Minor amendment by Supplement No. 1, 1924. (7) See ante, p. 1123.