Section 40

The Director and any person authorised by him in that behalf may enter upon any land, adjoining or being within 100 metres of any works by this Act authorised to be executed, for the purpose of depositing upon that land any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with the formation of those 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 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 the land.

If any dispute arises relating to the amount or apportionment of such compensation, it shall be settled in the manner provided in section 42.

Before the Director makes any use of any land pursuant to subsection (1), he shall give 7 days’ notice of his intention to the owners and the occupiers of the land.[39