Clause 25

Except as otherwise provided, in all cases where compensation, damages, fees, costs or expenses are provided under this Act to be paid, the amount and, if necessary, the apportionment of the amount and any question of liability shall, in case of dispute, or failure to pay, be summarily ascertained and determined by a Magistrate’s Court or, if the amount claimed exceeds the Magistrate’s Court limit, by a District Court.(2) In any proceeding under subsection (1), the Magistrate’s Court or the District Court may —

inquire whether those expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings;

make such order concerning the expenses or their apportionment as appears to the Court to be just; and

where those expenses were incurred by the Board in carrying out any works under section 33(2)(b), 47(4) or (5) or 47A(5) or (6), inquire whether it was reasonable to carry out those works.(3) A Magistrate’s Court or a District Court shall not order the expenses or any part thereof to be borne by any person other than the defendant in the proceedings unless the Court is satisfied that the other person has had due notice of the proceedings and an opportunity of being heard.(4) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or a District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or a District Court, as the case may be.(5) An appeal shall lie to the High Court from any decision of a Magistrate’s Court or a District Court under this section, and the provisions of the Criminal Procedure Code 2010 (Act 15 of 2010) shall apply, with the necessary modifications, to all such appeals.”.