5   Acquisition of land to which Act applies

(1)  This Act applies to the acquisition of land (by agreement or compulsory process) by an authority of the State which is authorised to acquire the land by compulsory process.

(2)  This Act does not apply to any such acquisition if the land is available for public sale and the land is acquired by agreement.

(3)  Land is available for public sale if:

(a)  the land is advertised by the owner as being available for sale, or

(b)  the land is listed by the owner with a real estate agent as being available for sale, or

(c)  the land is otherwise held out by the owner as being available for sale.