sec.15Meaning of resumption agreement

### sec.15 Meaning of resumption agreement A resumption agreement is an agreement, complying with subsection (3) , for a constructing authority to take land under this Act entered into by the authority and 1 or more of the affected persons for the land. An affected person , for land the subject of a resumption agreement, is each person who, to the constructing authority’s knowledge— will be entitled to claim compensation under this Act in respect of the taking of the land; or is a mortgagee of the land. A resumption agreement must— be written; and be signed by each affected person who is a party to the agreement; and state— the particular purpose for which the land to be taken is to be taken; and a description of the land in the way mentioned in section 7 (3) (b) ; and if the land is an easement—the rights and obligations to be conferred and imposed by the easement. A resumption agreement may, in relation to the compensation for the taking of the land to be taken, for each affected person provide— for the compensation to the person; or that the amount of the compensation is to be fixed under part 4 . For subsection (4) (a) , the compensation may include the benefit of an easement or another interest in land granted by the constructing authority over any land under the authority’s control. s 15 sub 1969 No. 33 s 6 amd 1998 No. 48 s 17 sch ; 1999 No. 44 s 5 ; 2003 No. 70 s 206 sch 2 ; 2005 No. 67 s 9 sub 2013 No. 23 s 28 (sec.15-ssec.1) A resumption agreement is an agreement, complying with subsection (3) , for a constructing authority to take land under this Act entered into by the authority and 1 or more of the affected persons for the land. (sec.15-ssec.2) An affected person , for land the subject of a resumption agreement, is each person who, to the constructing authority’s knowledge— will be entitled to claim compensation under this Act in respect of the taking of the land; or is a mortgagee of the land. (sec.15-ssec.3) A resumption agreement must— be written; and be signed by each affected person who is a party to the agreement; and state— the particular purpose for which the land to be taken is to be taken; and a description of the land in the way mentioned in section 7 (3) (b) ; and if the land is an easement—the rights and obligations to be conferred and imposed by the easement. (sec.15-ssec.4) A resumption agreement may, in relation to the compensation for the taking of the land to be taken, for each affected person provide— for the compensation to the person; or that the amount of the compensation is to be fixed under part 4 . (sec.15-ssec.5) For subsection (4) (a) , the compensation may include the benefit of an easement or another interest in land granted by the constructing authority over any land under the authority’s control. - (a) will be entitled to claim compensation under this Act in respect of the taking of the land; or - (b) is a mortgagee of the land. - (a) be written; and - (b) be signed by each affected person who is a party to the agreement; and - (c) state— (i) the particular purpose for which the land to be taken is to be taken; and (ii) a description of the land in the way mentioned in section 7 (3) (b) ; and (iii) if the land is an easement—the rights and obligations to be conferred and imposed by the easement. - (i) the particular purpose for which the land to be taken is to be taken; and - (ii) a description of the land in the way mentioned in section 7 (3) (b) ; and - (iii) if the land is an easement—the rights and obligations to be conferred and imposed by the easement. - (i) the particular purpose for which the land to be taken is to be taken; and - (ii) a description of the land in the way mentioned in section 7 (3) (b) ; and - (iii) if the land is an easement—the rights and obligations to be conferred and imposed by the easement. - (a) for the compensation to the person; or - (b) that the amount of the compensation is to be fixed under part 4 .