sec.5Purposes for which land may be taken

### sec.5 Purposes for which land may be taken Land may be taken under and subject to this Act— where the constructing authority is the Crown, for any purpose set out in schedule 1 ; or where the constructing authority is a local government— for any purpose set out in schedule 1 which the local government may lawfully carry out; or for any purpose, including any function of local government, which the local government is authorised or required by a provision of an Act other than this Act to carry out; or in the case of a constructing authority other than the Crown or a local government— for any purpose set out in schedule 1 which that constructing authority may lawfully carry out; or for any purpose which that constructing authority is authorised or required, by a provision of an Act other than this Act, to carry out. The power to take, under and subject to this Act, land for a purpose (the primary purpose ) includes power to take from time to time as required land either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose. A part heading in schedule 1 — is not, for this section, a purpose set out in schedule 1 ; and indicates only the type of activity or other thing to which a purpose mentioned in the part ordinarily relates; and does not limit the matters to which a purpose mentioned in the part may relate. s 5 amd 1994 No. 81 s 527 sch 5 ; 1998 No. 48 s 17 sch ; 1999 No. 44 s 2 sch ; 2009 No. 5 s 3 ; 2012 No. 20 s 4 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2014 No. 29 s 5 (sec.5-ssec.1) Land may be taken under and subject to this Act— where the constructing authority is the Crown, for any purpose set out in schedule 1 ; or where the constructing authority is a local government— for any purpose set out in schedule 1 which the local government may lawfully carry out; or for any purpose, including any function of local government, which the local government is authorised or required by a provision of an Act other than this Act to carry out; or in the case of a constructing authority other than the Crown or a local government— for any purpose set out in schedule 1 which that constructing authority may lawfully carry out; or for any purpose which that constructing authority is authorised or required, by a provision of an Act other than this Act, to carry out. (sec.5-ssec.2) The power to take, under and subject to this Act, land for a purpose (the primary purpose ) includes power to take from time to time as required land either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose. (sec.5-ssec.3) A part heading in schedule 1 — is not, for this section, a purpose set out in schedule 1 ; and indicates only the type of activity or other thing to which a purpose mentioned in the part ordinarily relates; and does not limit the matters to which a purpose mentioned in the part may relate. - (a) where the constructing authority is the Crown, for any purpose set out in schedule 1 ; or - (b) where the constructing authority is a local government— (i) for any purpose set out in schedule 1 which the local government may lawfully carry out; or (ii) for any purpose, including any function of local government, which the local government is authorised or required by a provision of an Act other than this Act to carry out; or - (i) for any purpose set out in schedule 1 which the local government may lawfully carry out; or - (ii) for any purpose, including any function of local government, which the local government is authorised or required by a provision of an Act other than this Act to carry out; or - (c) in the case of a constructing authority other than the Crown or a local government— (i) for any purpose set out in schedule 1 which that constructing authority may lawfully carry out; or (ii) for any purpose which that constructing authority is authorised or required, by a provision of an Act other than this Act, to carry out. - (i) for any purpose set out in schedule 1 which that constructing authority may lawfully carry out; or - (ii) for any purpose which that constructing authority is authorised or required, by a provision of an Act other than this Act, to carry out. - (i) for any purpose set out in schedule 1 which the local government may lawfully carry out; or - (ii) for any purpose, including any function of local government, which the local government is authorised or required by a provision of an Act other than this Act to carry out; or - (i) for any purpose set out in schedule 1 which that constructing authority may lawfully carry out; or - (ii) for any purpose which that constructing authority is authorised or required, by a provision of an Act other than this Act, to carry out. - (a) is not, for this section, a purpose set out in schedule 1 ; and - (b) indicates only the type of activity or other thing to which a purpose mentioned in the part ordinarily relates; and - (c) does not limit the matters to which a purpose mentioned in the part may relate.