(1) If the Minister is
authorised because of a taking order or under Division 4 to enter on, take
possession of or use any land, and the proprietor or occupier of the land, or
any other person, refuses to give up possession or hinders the Minister or any
person appointed in writing by the Minister, the Minister may issue a warrant
to the sheriff to deliver possession of the land to the person appointed in
the warrant to receive possession, and, on receipt of the warrant, the sheriff
must deliver possession of any such land accordingly.
(2) The costs of the
issue and execution of such a warrant, to be determined by the sheriff, must
be paid by the person refusing to give possession, and —
(a) if
any compensation is payable to the person, the amount of the costs are to be
deducted from the compensation; and
(b) any
excess costs remaining after the application of paragraph (a) which are not
paid by the person on demand are to be levied by distress upon the goods and
chattels of the person.
(3) A warrant must be
issued by any Justice of the Peace for the purposes of subsection (2)(b) upon
application by any person appointed for the purpose by the Minister.
[Section 197 amended: No. 4 of 2023 s. 92.]