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DEFENCE OF THE REALM (ACQUISITION OF LAND) ACT 1916 - SECT 4

User of land acquired.

4. 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 Act, 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 or entitled to any riparian rights shall be entitled to
restrain such user; but if, apart from this Act, any such person would have
been entitled to restrain such user, then, 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, he shall,

(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

(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:

Provided that

(a)where such compensation is claimed in respect of any land, the department
may, at any time before such claim is determined, and on payment of all costs
properly incurred by the claimant in respect of his claim, 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

(b)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

(c)in the user of land or an interest in land acquired under this Act the
provisions of the Alkali, &c. Works Regulation Act, 1906, and the Rivers
Pollution Prevention Acts, 1876 and 1893, and of any local Act dealing with
the like matters, shall be complied with, and those Acts shall apply
accordingly, and nothing in this section shall 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.

© 1916 Crown Copyright

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