128JApplication of Land Acquisition and Compensation Act

128J Application of Land Acquisition and Compensation Act

(1) Subject to this section, the Land Acquisition and Compensation Act 1986 applies to this Division and for that purpose—

(a) this Division is the special Act; and

(b) the Minister is the Authority.

(2) Sections 5(1), 13, 20 and 26(2) and (5) of the Land Acquisition and Compensation Act 1986 do not apply to this Division.

(3) Section 8(1) of the Land Acquisition and Compensation Act 1986 applies to this Division as if for paragraph (e) there were substituted—

"(e) state that section 5(1) does not apply to the interest; and".

(4) An interest in land compulsorily acquired under this Division vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section.

(5) Section 26 of the Land Acquisition and Compensation Act 1986 applies to this Division as if—

(a) in subsection (3) after "that subsection" there were inserted "or until the date when the authority is to take possession specified in a notice under subsection (11A) (as the case requires)";

(b) in subsection (8) after "subsection (2)" there were inserted "or the date on which the authority is to take possession specified in a notice under subsection (11A) or";

(c) in subsection (9) after "that subsection" there were inserted "or the date on which the authority is to take possession specified in a notice under subsection (11A) (as the case requires)";

(d) after subsection (11) there were inserted—

"(11A) The Authority must serve on any person in occupation of the land acquired written notice of the time and date on which the Authority is to take possession.".

S. 128K inserted by No. 34/1993 s. 4.