Power of Chief Engineer to take materials from cultivated lands

(1) Where sufficient materials as defined in section 13 of this Act, cannot conveniently be obtained from the adjacent or neighbouring uncultivated lands, the Chief Engineer may take any such materials where he can conveniently procure them. (2) No such materials shall be dug or cut or taken away from any yard, lawn, garden, plantation or cultivated field without the consent of the owner thereof, who shall receive reasonable compensation for all such materials so taken away, or for any damage done to any land by the passage of such materials through such land as shall be agreed upon between the Chief Engineer and the owner of the land, and in case of difference between the Chief Engineer and the owner, such compensation may be assessed in the manner provided under section 25 of this Act. (3) Where the materials taken are not of any marketable value, the compensation to the owner of the land from which they have been taken shall be nominal. (4) The Chief Engineer shall rail or fence off any quarries or pits from which any such materials are taken so that they shall not be dangerous to any person or animal, or allow the collection of stagnant water.