Clause 109

The Commissioner, any Medical Officer of Health, any Public Health Engineer, any public health auxiliary or such other persons as the Commissioner may authorise in writing in that behalf may enter upon any land adjoining to or being within the distance of one hundred yards of any works by this Act authorised to be made, for the purpose of depositing upon such land any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with the formation of the said works without making any previous payment, tender or deposit, doing as little damage as may be in the exercise of the several powers hereby granted and making compensation for such temporary occupation or temporary damage of the said land to the owner and the occupier thereof from time to time and as often as any such temporary occupation is taken or any such temporary damage done and making compensation to the owner also for the permanent injury, if any, to such land.

If any dispute arises touching the amount or apportionment of such compensation, the same shall be dealt with in the manner provided by section 119 of this Act.

Before any such temporary use as aforesaid is made of the land adjoining or lying near to the said works, at least three days’ notice in writing of such intended temporary use shall be given to the owners and the occupiers of such land.