63   Unauthorised enclosure of roads or watercourses

(1)  A holder of land is liable to pay an annual rent determined by the Minister for a road or watercourse by which the land is traversed or bounded if:

(a)  the road or watercourse is enclosed as if it were part of the land held, and

(b)  the enclosure was effected (whether before or after the commencement of this section) without the permission of the Minister.

(2)  If the road or watercourse is additional to any road or watercourse the subject of an enclosure permit granted in respect of the same land, the Minister may determine the annual rent payable in respect of the additional road or watercourse.

(3)  A determination of rent under this section in respect of a road or watercourse has effect as an enclosure permit granted to the holder of the land.

(4)  The Minister may impose conditions in respect of a road or watercourse enclosed as referred to in this section in the same way as the Minister may impose conditions in respect of a road or watercourse enclosed on the application of a holder.

(5)  This section does not affect the Minister’s power to take action under section 158 (removal of unauthorised structures) in respect of any enclosure of a road or watercourse or any structure on a road or watercourse.