(1)Except as provided in section 18 of this Act, where this Act authorises the making of a new street, either by way of diversion of, or in substitution for, an existing street and the stopping-up of the existing street or portion thereof, the stopping-up shall not, in either case, take place until the highway authority are satisfied that the new street has been completed in accordance with their reasonable requirements and is open for public use or, in the case of any difference between the undertakers and the highway authority as to whether the said requirements have been complied with or as to their reasonableness, until the matter in dispute has been determined by arbitration and the new street has been completed accordingly.
(2)Before referring the matter to arbitration under this section the undertakers shall give to the highway authority 7 days' notice in writing of their intention to do so.
(3)As from the completion of the new street to the satisfaction of the highway authority or, in the case of dispute, according to the decision of the arbitrator, all rights of way over or along the existing street, or portion thereof, authorised to be diverted or stopped-up shall be extinguished, and the undertakers may, without making any payment therefor, but subject to the provisions of the Act of 1845 incorporated with this Act with respect to mines lying under or near the railways, appropriate and use for the purposes of their undertaking the site of the street, or portion thereof, diverted or stopped-up so far as the same is bounded on both sides by lands in the possession of the undertakers.
(4)Any person who suffers loss by the extinguishment of any private right under subsection (3) of this section shall be entitled to be paid by the undertakers compensation to be determined in case of dispute by the tribunal.