Defence of the Realm (Acquisition of Land) Act 1916
| Jurisdiction | UK Non-devolved |
| Citation | 1916 c. 63 |
| Year | 1916 |
Defence of the Realm (Acquisition of Land) Act, 1916.
(6 & 7 Geo. 5.) CHAPTER 63.
An Act to make provision with respect to the possession and acquisition of land occupied or used for the Defence; of the Realm in connection with the present War and for other purposes connected therewith.
[22nd December 1916]
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:
1 Continuation of possession of land occupied for the purposes of the defence of the realm.
(1) Where, during the course or within the week immediately preceding the commencement of the present war, possession has been taken of any land by or on behalf of any Government department for purposes connected with the present war, whether in exercise or purported exercise of any prerogative right of His Majesty, or of any powers conferred by or under any enactment relating to the defence of the realm, or by agreement, or otherwise, it shall be lawful, subject to the provisions of this Act, for the Government department in possession (hereinafter referred to as the occupying department), after the termination of the present war, to continue in possession of the land for such period, not exceeding two years from such termination, as the occupying department may consider necessary or expedient, and, if on application being made to the Railway and Canal Commission (hereinafter referred to as the Commission) not less than six months before the expiration of such two years the Commission consent thereto, for such further period, not exceeding three years from the expiration of such two years, as the Commission may consider necessary or expedient in the national interest.
(2) Whilst any land so continues in the possession of any occupying department, the department may for the purposes of the public service exercise in relation thereto all such powers as were during the continuance of the war exercisable in relation thereto for the purposes of the defence of the realm, subject, however, as respects the power to close public highways, to the provisions of subsection (3) of section six, and, as respects the power of removal of buildings and works, to the provisions of section two:
Provided that—
(a ) If the exercise of any such powers causes the pollution, abstraction, or diversion of water or the emission of noxious fumes to such an extent that if exercise of such powers had not been authorised by this Act persons interested in adjoining or neighbouring land would have been entitled to restrain the exercise thereof, any person who would have been so entitled shall be entitled to such compensation in respect of any loss occasioned by such pollution, abstraction, diversion, or emission during the period of occupation under this section as, failing agreement, may be determined in manner provided by this Act; and
(b ) nothing in this section shall be construed as depriving any person of any right to recover damages in respect of any injury to property caused by accident due to the exercise of any such powers as aforesaid.
(3) The occupying department shall pay such rent in respect of any land which continues in their possession, and such continuance shall be upon and subject to such terms and conditions, as to compensation or otherwise (including compensation for any depreciation attributable to works and buildings not removed), as, failing agreement, shall be determined in manner provided by this Act, and in determining the rent payable under this provision regard shall be had to the like considerations as are set out in paragraph 6 of the schedule to this Act with respect to the determination of compensation payable for land acquired under this Act.
(4) The occupying department may transfer possession of any land to the Admiralty or Army Council or the Minister of Munitions, and upon such a transfer being made the department to whom possession is transferred shall be deemed to be the occupying department.
2 Power to remove buildings and works.
(1) Whilst any land of which possession has been so taken is in the possession of an occupying department after the termination of the present war, any building or other work which for purposes connected with the present war has been erected or constructed on over or under the land wholly or partly at the expense of the State, or, with the consent of the occupying department, at the expense of some person not being a person interested in the land, may be removed, without the consent of any person interested in the land, by the occupying department, or, with the consent of the occupying department, by the person at whose expense it was erected or constructed, any law or custom to the contrary notwithstanding:
Provided that—
(a ) where the building or work was erected or constructed partly at the expense of a person interested in the land; or
(b ) where in pursuance of an agreement with a Government department any person interested in the land is entitled to the benefit of or to prohibit the removal of the building or work;
this provision shall not authorise the removal of that building or work during the continuance of such interest in the land without the consent of that person or the persons deriving title under him:
Provided also that where under any agreement a Government department is entitled to remove any such building or work nothing in this section shall prejudice the rights of the department or any other person under the agreement.
(2) Where any building or work has been removed under the powers conferred by this section the occupying department shall cause the land to be restored to the condition in which it was before the building or work was erected or constructed or shall, if the persons interested in the land agree or the Commission consent, instead of so restoring the land, pay such compensation in respect of the depreciation (if any) in the value of the land attributable to the disturbance of the soil as in default of agreement may be determined in manner provided by this Act.
(3) Where any such buildings or works have been erected or constructed upon any common, open space, or allotment the building or work shall be removed and the land restored as aforesaid, except in such cases and to such extent as the Board of Agriculture and Fisheries on the application of the occupying department may by order declare that such removal and restoration is not required in the interests of the persons interested in the land or the public:
Provided that before any such order is made the Board of Agriculture and Fisheries shall give the local authority or board of conservators (if any) in which is vested the management of the common, open space, or allotment, and any other local authority interested, an opportunity of being heard, and that before any such order comes into effect a draft thereof shall be laid before each House of Parliament for a period of thirty days on which that House has sat, and if either of those Houses before the expiration of that period presents an address to His Majesty against the draft or any part thereof, no further proceedings shall be taken thereon, without prejudice to the making of a new draft order.
(4) Where any building or any machinery or plant fixed or attached to any land has, for purposes connected with the present war, been erected wholly or partly at the expense of the State in accordance with an agreement with any person interested in the land, any power to remove the building, machinery, and plant so erected conferred on any Government department under the agreement may be exercised, notwithstanding any rights in the building, machinery, or plant to which any other person interested in the land, whether as mortgagee or otherwise, may be entitled.
3 Power to acquire land permanently.
(1) Subject to the provisions of this Act it shall be lawful to acquire by agreement or compulsorily on behalf of His Majesty—
(a ) any land in the possession of an occupying department or any interest in such land;
(b ) any land on over or under which any buildings works or improvements have, for purposes connected with the present war, been erected constructed or made wholly or partly at the expense of the State, or any interest in such land;
(2) Where any land or any interest in land is or has been so acquired any adjoining or neighbouring land (whether belonging to the same owner or not), or any right of access, or other easement or right which appears to the Commission to be required for the proper enjoyment of the land or interest so acquired, or any interest therein, may, with the consent of the Commission, also be acquired.
(3) The power to acquire land, or an interest therein, under this section shall include power to acquire the land or interest either with or without all or any of the mines or minerals lying thereunder as the purchasing department may determine, and if the surface is acquired apart from the mines and minerals either without any right of support or with such right of support as the department may require.
(4) The power of acquisition conferred by this section shall be exercisable—
(a ) in the case of land in the possession of an occupying department or of land and rights required for the proper enjoyment thereof, by the occupying department at any time whilst the department is in possession, but not later than three years after the termination of the present war;
(b ) in the case of other land or rights, by the Admiralty or Army Council or the Minister of Munitions at any time during the present war or within twelve months after the termination thereof.
(5) For the purposes of the acquisition of...
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