Division 4Division 4 Miscellaneous provisions relating to acquisition
(1) Land may be compulsorily acquired by an authority of the State under this Act even though it is Crown land.(2) If Crown land is subject to a dedication or reservation that (by virtue of any Act) cannot be removed except by an Act, that land may not be compulsorily acquired. However, this prohibition does not apply if the dedication or reservation is not affected by the compulsory acquisition of the land.(3) Nothing in this Act affects the acquisition by agreement of Crown land by an authority of the State.(4) The provisions of Division 1 (Pre-acquisition procedures) and Part 3 (Compensation for acquisition of land) do not apply to the compulsory acquisition of Crown land if the owners of the land have agreed on all relevant matters concerning the compulsory acquisition and the compensation (if any) to be paid for the acquisition.
30 Compulsory acquisition with consent of owners
(1) An authority of the State and the owners of land may agree in writing that the land be compulsorily acquired by that authority.(2) The provisions of Division 1 (Pre-acquisition procedures) and Part 3 (Compensation for acquisition of land) do not apply to any such compulsory acquisition if the owners have agreed in writing on all relevant matters concerning the compulsory acquisition and the compensation to be paid for the acquisition.
31 Rescission of acquisition notice
(1) The Governor may, by notice published in the Gazette, rescind in whole or in part any acquisition notice.(2) An acquisition notice may not be rescinded unless a Minister has certified that it is necessary to do so for the purpose of correcting a clerical error or obvious mistake or for other good cause or that the former owners of the land have agreed to the rescission.(3) An acquisition notice published under Division 3 (Owner-initiated acquisition in cases of hardship) may not be rescinded without the consent of the owner who required the acquisition.(4) On the publication in the Gazette of the rescission notice, the land described in the rescission notice:(a) revests in the person who was entitled to it immediately before the compulsory acquisition for the estate, interest or right which the person had immediately before the compulsory acquisition, but subject to any interest in or equity binding on the land created by the authority of the State since its compulsory acquisition, and(b) is subject to all trusts, restrictions, dedications, reservations, easements, rights, charges, rates and contracts from which it was freed and discharged by the compulsory acquisition, and(c) is subject to any interests in or equities binding on the compensation money that were created since the compulsory acquisition.(5) If a resumption application relating to land described or referred to in an acquisition notice has been lodged under section 31A (2) of the Real Property Act 1900 with the Registrar-General:(a) a rescission notice may not rescind so much of the acquisition notice as relates to that land, and(b) any transfer of that land, after it has been brought under the provisions of the Real Property Act 1900, to the person who was entitled to it immediately before the resumption is, for the purposes of Part 4 of this Act, taken, on its registration under that Act:(i) to revest that land under this section in the transferee, and(ii) to rescind the compulsory acquisition in so far as it relates to that land.(6) Part 4 deals with the compensation payable when an acquisition notice is rescinded under this section.(7) In this section, acquisition notice includes a notification of appropriation or resumption made under the Public Works Act 1912 before the commencement of this section.
An interest in land (such as an easement) may be acquired by compulsory process under this Act even though the interest did not previously exist in relation to the land.
33 Validity of compulsory acquisition
Once land has been acquired by compulsory process under this Act, the validity of the acquisition is not affected by:(a) a failure to comply with any requirement of this Part relating to the giving of notice of the proposed acquisition, or(b) a subsequent failure to comply with a requirement of this Act relating to the acquisition.
34 Former owner’s right to occupy land until compensation paid etc
(1) A person who was in lawful occupation of land immediately before it was compulsorily acquired under this Act and to whom compensation is payable under this Act is entitled to remain in occupation until:(a) the compensation is duly paid to the person, or(b) the authority of the State makes (in accordance with any other provision of this Act) an advance payment of not less than 90 per cent of the amount of compensation offered by the authority, or(c) the authority of the State makes (in accordance with any other provision of this Act) a payment into the trust account kept under Part 3 of not less than 90 per cent of the amount of compensation offered by the authority,whichever first occurs.(2) Any such person is entitled to remain in occupation of any building that is the person’s principal place of residence, or the person’s place of business, for 3 months after it is compulsorily acquired, even though the person has ceased to be entitled to remain in occupation under subsection (1). However, if the Minister responsible for the authority of the State is satisfied that the authority requires immediate vacant possession of land, the authority is entitled to immediate vacant possession even though the 3-month period has not expired.(3) The terms on which a person remains in occupation of land that has been compulsorily acquired under this Act are, in the absence of agreement, such reasonable terms as are determined by the authority of the State (including terms as to the rental to be paid and the restrictions on the use of the land). The Residential Tenancies Act 2010 does not apply to that continued occupation.(4) Any such unpaid rent or other money due to the authority of the State may be set off against the compensation payable under this Act.
35 Power of authority of the State to obtain possession of compulsorily acquired land
(1) If, after an authority of the State becomes entitled to vacant possession of land compulsorily acquired under this Act, any person remains in or takes up occupation of the land, that authority may direct and empower the Sheriff (or any person prescribed by the regulations) to deliver possession of the land to that authority.(2) On receipt of any such direction, the Sheriff (or prescribed person) is required to deliver possession of the land to the authority of the State.(3) The costs incurred by the Sheriff (or prescribed person) in delivering possession of the land may be recovered as a debt by the authority of the State from the person refusing to deliver possession. The authority of the State may deduct the amount of any such costs from any compensation payable to the person under this Act.(4) Nothing in this section operates to limit or restrict the power of the authority of the State to enforce its right to possession of land otherwise than under this section.
36 Adverse use of acquired land
(1) If a person is using, or proposes to use, land acquired by an authority of the State by compulsory process in a manner inconsistent with the public purpose for which the land was acquired, the Land and Environment Court may, on the application of that authority, make such order as it thinks fit to remedy or restrain that use.(2) Without limiting the powers of the Land and Environment Court under subsection (1), an order made under that subsection may:(a) restrain the use of any building, work or land, or(b) require the demolition or removal of any building or work, or(c) require the reinstatement, as far as practicable, of a building, work or land to the condition it was in immediately before the relevant use.(3) The Land and Environment Court may, at its discretion, by interlocutory order, restrain the continuation of the relevant use of the land pending the determination of an application under subsection (1).