Opinion Number. 642

Subject

DEFENCE PURPOSES
USE OF LAND FOR DEFENCE PURPOSES: MODE OF AUTHORISING USE: MODE OF PRESCRIBING COMPENSATION FOR DAMAGE

Key Legislation

DEFENCE ACT 1903, s. 69 (I)

Date
Client
The Secretary, Department of Defence

In reply to your minute of 26 July last, I have to inform you that in my opinion the issue of instructions to members of the Forces, as to their user of privately owned lands, by means of Standing Orders is within the provisions of section 69 of the Defence Act 1903-1915, but that the manner in which compensation shall be made to landowners for injury to or destruction of their property can only be prescribed by Act or Regulation.

[Vol. 14, p. 59]