Clause 10

The Director may authorise any person to construct any drain through, across or under any private property or to alter, repair or otherwise deal with such drain as the Director thinks fit.

Any authority given under subsection (1) may be subject to such conditions as the Director thinks fit and the Director may require a deposit to be furnished for the purposes of ensuring that such person complies with the provisions of subsection (3).

A person authorised under subsection (1) to construct any drain shall make full compensation to the owner or occupier of the land for any damage caused to the land and any loss suffered by him.

If any dispute arises concerning the amount of compensation payable, the dispute shall be determined in accordance with section 39.

The Director shall, before authorising any person to construct any drain under subsection (1), serve a notice on the owner or occupier of the land stating the nature of the works to be done and that if no objections are received within twenty-one days of the date of service of the notice the works will be carried out on the date specified in the notice.

A person served with a notice under subsection (5) shall submit his objections, if any, to the Director within the prescribed time and the Director may allow or disallow the objections or allow the objections in part.

A person aggrieved by a decision of the Director may within twenty-one days appeal to the Minister whose decision thereon shall be final.