Birmingham Corporation (Rivers Improvement) Act 1929

Cited as:1929 c. lxx
Jurisdiction:UK Non-devolved


Birmingham Corporation (Rivers Improvement) Act 1929

(19 & 20 Geo. 5) c. lxx

An Act to empower the lord mayor aldermen arid citizens of the city of Birmingham to construct works for the improvement of the rivers Rea and Tame and for other purposes.

[10th May 1929]

[19 & 20 Geo. 5.] Birmingham [Oh. Ixx.] Corporation (Rivers Improvement) Act, 1929. CHAPTER lxx. An Act to empower the lord mayor aldermen and a.d. 1929s citizens of the city of Birmingham to construct ' works for the improvement of the rivers Rea and Tame and for other purposes, [10th May 1929.] W HEREAS serious flooding is caused in parts of the city of Birmingham by the overflow of the rivers Rea and Tame and their tributaries and in order to prevent such flooding it is expedient to empower the lord mayor aldermen and citizens of the said city to construct the river improvement works and other works mentioned in this Act: And whereas the construction of the river works authorised by this Act will benefit the lands adjoining the same and in proximity thereto and it is expedient to authorise the imposition of an improvement charge on such lands: And whereas it is expedient that the other provisions contained in this Act be enacted : And whereas the purposes of this Act cannot be effected without the authority of Parliament : And whereas estimates have been prepared by the Corporation for the purposes hereinafter mentioned and such estimates are as follows : The purchase of lands for and the £ execution of the works authorised by this Act - - - - 1,900,000 [Price 2s. Net.] A I [Ch. Ixx,] Birmingham [19 & 20 Geo. 5.] Corporation (Rivers Improvement) Act, 1929. A.D. 1929. And whereas the several works included in such estimates respectively are permanent works and it is expedient that the cost thereof should be spread over a term of years : . And whereas in relation to the promotion of the Bill for this Act the requirements of the Borough Funds Acts 1872 and 1903 have been observed : And whereas plans and sections showing the lines and levels of the works authorised by this Act and a book of referencejto those plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act were duly deposited with the clerks of the peace for the city and for the county of Warwick respectively and are in this Act respectively referred to as the deposited plans sections and book of reference : May it therefore please, Your Majesty that it maybe enacted and be it enacted by the King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows (that is to say) :. Preliminary. Short title, 1. This Act may be cited as the Birmingham Corporation (Rivers Improvement) Act 1929. Incorpora- 2. The following Acts and parts of Acts (so far as tion of the same are applicable for the purposes and are not Acts. inconsistent with the provisions of this Act) are hereby incorporated with this Act (namely): (1) The Lands Clauses Acts with the following exception and modification : (a) Section 127 of the Lands Clauses Con solidation Act 1845 is not incorporated with . this Act; (b) The bond required by section 85 of the Lands Clauses Consolidation Act 1845 shall be under the corporate seal of the Corporation and shall be sufficient without the addition of .-. the sureties mentioned in that section j 2 [19 & 20 Geo. 5.] Birmingham [Ch. lxx.] Corporation (Rivers Improvement) Act, 1929. (2) The clauses and provisions of the Railways A.B. 1929. Clauses Consolidation Act 1845 with respect to the temporary occupation of lands near the railway during the construction thereof and in the construction of those provisions " the railway " shall mean the works authorised by this Act. 3.(1) In this Act the several words and Interpreta-expressions to which meanings are assigned by the Acts tlon* wholly or partially incorporated herewith or by the Public Health Acts 1875 to 1925 have the same respective meanings unless there be something in the subject or context repugnant to such construction. (2) In this Act unless the subject or context otherwise requires (a) " The Corporation" means the lord mayor aldermen and citizens of the city of Birmingham; " The city " means the city of Birmingham; " The town clerk " means the town clerk of the city and includes any person duly authorised to discharge temporarily the duties of that office; (d) " The general rate fund" means the general rate fund of the city; (e) " The rivers " means the rivers Rea and Tame and the natural and artificial tributaries thereof; (/) " The Lands Clauses Acts " means the Lands Clauses Acts as amended by the Acquisition of Land (Assessment of Compensation) Act 1919; (g) " The tribunal" means the tribunal or other authority to whom any question of disputed purchase money or compensation under this Act is referred in pursuance of the Acquisition of Land (Assessment of Compensation) Act 1919; (h) " Telegraphic line " has the same meaning as in the Telegraph Act 1878. Lands. 4. Subject to the provisions of this Act the Cor- Power to poration may enter upon take appropriate and use all take lands. or any of the lands shown on the deposited plans and described in the deposited book of reference which they may require for the purposes of the works authorised by this Act or for other the purposes of this Act. A2 3 A.D, 1929. Benefits to be set off against compensation. Appropriation of certain lands. Acquisition of easements only. Period for compulsory purchase of lands. Power to enter upon property for survey and , valuation. [Oh. lxx.] Birmingham [19 & 20 Geo. 5.] Corporation (Rivers Improvement) Act, 1929. In estimating the amount of compensation or purchase-money to be paid by the Corporation in respect of the acquisition under this Act of any part of the lands of any person or any easement or right in such lands the enhancement in value of the adjoining lands of such person not so acquired or of any other lands of such person which are continuous with such adjoining lands or of any lands in which only an easement or right is acquired arising out of the execution of the works authorised by this Act shall be fairly estimated and shall be set off against the said compensation or purchase-money. So much of the recreation grounds known as Daffodil Park Cannon Hill Park Calthorpe Park and Kings Norton Playing Field all in the city as is shown on the deposited plans may be appropriated and used for the purposes of this Act notwithstanding the provisions contained in any conveyance or other instrument relating thereto. Instead of acquiring any lands for the purposes of this Act the Corporation may acquire such easements or rights only in any such lands as they may require for such purposes and may give notice to treat in, respect of such easements or rights describing the nature thereof and the easements or rights which the Corporation require for or incidental to the said purposes and the provisions of the Lands Clauses Acts shall apply to and in respect of the acquisition of such easements or rights as fully as if the same were lands within the meaning of those Acts. The powers of the Corporation for the compulsory purchase of lands for the purposes of this Act shall cease after the expiration of five years from the thirty-first day of October nineteen hundred and twenty-nine. The Corporation and their surveyors officers and workmen and any person duly authorised in writing under the hand of the town clerk may at all reasonable times upon giving in the first instance twenty-four hours' and subsequently twelve hours' previous notice in writing enter upon and into the lands and buildings by this Act authorised to be taken and used or any of them for the purpose of surveying and valuing the said lands f 19 & 20 Geo. 5.] Birmingham [Ch. lxx.J Corporation (Rivers Improvement) Act, 1929. and buildings without being deemed trespassers and A.D. 1929. without being subject or liable to any fine penalty or punishment on account of entering or continuing upon any part of the said lands and buildings. 10. The Corporation may enter into and carry into Power to effect agreements with the owners of or other persons reinstate interested in any lands which may be acquired under owners of the provisions of this Act or which may be in the PrPerty-neighbourhood of any of the works authorised by this Act with respect to the reinstatement of such owners or other persons and with respect to the exchange of lands for that purpose and the Corporation may pay or receive money for equality of exchange. 11.(1) All private rights of way over any lands Extinction which the Corporation are authorised by this Act to of private acquire compulsorily shall be extinguished as from the riS^ts of date of the acquisition of such lands by the Corporation way" if the Corporation shall by resolution so determine and give notice in writing of such their resolution to the owner of any right of way referred to therein. (2) Provided that the Corporation shall make compensation to all persons interested in respect of any rights extinguished under the provisions of this section and such compensation shall be settled in manner provided by law with reference to the taking of lands otherwise than by agreement. Works. 12. The Corporation may subject to the provisions Power to of this Act and in the lines and situations and within Corporation the limits of deviation shown on the deposited plans to execute and according to the levels shown on the deposited wor's* sections execute make and maintain the works hereinafter described together with all necessary works and conveniences connected therewith (namely) : River Work No. 1 In the city a widening deepening and straightening of the river Ilea from Long-bridge Lane to Pershore Road...

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