Cap. 573 Art. 71Clearance rights.

(1) The Chairperson of the Board of Governors of the

Lands Authority may for public purposes declare through a notice published in the Gazette and also published for at least once in two daily or Sunday local newspapers that the land is subject to a clearance right or to a subsoil rights.

(2) When for any public purpose any land is declared to be subject to clearance rights, no owner shall build or erect any structure on any land declared to be so subject or increase the height of any existing structure without the permission of the Arbitration Board.

(3) When for any public purpose any land is declared subject to subsoil rights, no owner shall make any new or extend any existing underground work or excavation without the prior permission, in writing, of the Arbitration Board.

(4) When for any public purpose any land is declared to be subject to clearance rights or to subsoil rights, no compensation shall be payable by reason only of the subjection of the land to such rights or to the possession, by a competent authority, of any underground work or excavation made or constructed by a competent authority, however the following provisions shall apply.

(5) The demand for the permission referred to in sub-article (2) and sub-article (3) shall be made by filing an application together with a plan showing the buildings or other structures proposed to be erected and the work or excavation proposed to be made. The Arbitration Board shall forthwith cause notice of the application to be served to authority.

(6) If the competent authority does not oppose the application within twenty days, the application shall be granted by the Board.

(7) If the Authority shall oppose the grant of the permission, the Arbitration Board shall, on the application of the person requiring the said permission, determine the compensation payable by reason of the refusal of the competent authority to allow the erection of the proposed buildings or other structures or the making of the proposed underground work or excavation. When compensation is paid under the provisions of this article, the Board shall specify the area in respect of which the compensation is granted, and in such case no further compensation shall at any time thereafter become payable for clearance rights or subsoil rights, as the case may be, in respect of that area, saving the provision of the last part of sub-article (10).

(8) No compensation shall be payable unless it is shown to the satisfaction of the Board -

(a) that the proposal to build or to increase the height of existing buildings or to make any new or extend any existing underground work or excavation is a genuine intention on the part of the owner;

(b) that no alternative proposal can be adopted which, while not detrimental to the owner, is acceptable to the Authority.

(9) Where any land has been declared subject to clearance or subsoil rights, any person who makes, builds or erects any structure or increases the height of any structure on the land or who makes any new or extends any existing underground work or excavation in such land, without the prior permission, in writing, of the Authority, shall, within ten days after due notice in writing has been given to him in that behalf by the Authority -

(a) remove any structure so made, built or erected or any such increased part of a structure; and

(b) fill in any new or extended underground work or excavation, and restore the land to its condition prior to the making of the new or extended work or excavation, and in the event of the notice not being complied with, the Authority may order such part of a structure to be demolished, or such work or excavation to be filled in and the land restored, at the expense of the person erecting such structure or increased part of a structure or making such new or extended underground work or excavation, without any compensation to such person, and such expense shall be recoverable from him in the same manner as a fine, and he shall be liable, on conviction therefor, to a fine (multa) not exceeding two thousand five hundred euro (€2,500) for non-compliance with such notice.

(10) Land subject to clearance rights under this article may be released by the Authority from such rights, provided the owner consents to accept the release and pays to the competent authority such fair compensation as may be agreed upon or, in default of agreement, as may be fixed by the Arbitration Board. Payment of compensation for the release from clearance rights may only be demanded by the competent authority where compensation has been paid for the subjection of the land to clearance rights in accordance with this article. Land released from clearance rights may again be declared subject to such rights.

(11) Where any land is declared subject to subsoil rights, the Authority may retain the possession of any underground work or excavation which was constructed by the Authority therein prior to the coming into force of this sub-article and may make or extend therein any underground work or excavation and use it for such purposes as it considers necessary:

Provided that the Authority shall take all reasonable precautions to ensure the safety and stability of any buildings or other structures on the surface of such land and any well, cellar or other underground structure used and enjoyed in connection with the occupation of such surface, and in case of injury to any such structure shall either repair and restore it to its former condition or pay compensation to the owner for any loss sustained by him by reason of such injury and the amount of such compensation shall, if the parties fail to agree thereto, be referred to and determined by the Arbitration Board.

(12) Where any land has been declared subject to any rights in favour of the Government in virtue of this article, the Government may transfer any such rights over such land to any other person or authority:

Provided that the exercise by the transferee of the right so transferred shall continue to be so exercised for a public purpose.