14Reserve power to acquire land in the public interest

#### 14 Reserve power to acquire land in the public interest 14 Reserve power to acquire land in the public interest > > (1) The Cemeteries Agency may— > > > > > (a) with the consent of the Minister and subject to such conditions as the Minister thinks fit to impose do either or both of the following— > > > > > > > (i) acquire land by agreement (not compulsory process) for the purpose of providing land for cemetery purposes, > > > > > > > (ii) transfer the land to a Crown cemetery operator or other operator or prospective operator of a cemetery, or > > > > > (b) with the approval of the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) and subject to such conditions as the Minister thinks fit to impose, require a Crown cemetery operator to acquire land by agreement (not compulsory process) for the purposes of the Crown cemetery under its care, control and management. > > > (2) The power under subsection (1) is to be exercised only if the Cemeteries Agency considers it necessary or desirable to acquire the land to ensure equitable access to interment services by one or more religious or cultural groups or the community generally. > > > (3) The power under subsection (1) is to be exercised in relation to a Crown cemetery trust only if the Cemeteries Agency and the Minister concerned— > > > > > (a) are satisfied that the Crown cemetery trust concerned has sufficient funds available for the acquisition, and > > > > > (b) has taken into consideration the impact of the land acquisition on the operator, including (without limitation) the long term financial implications for the care, control and management of the additional land. > > > (4) For the purposes of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045), any acquisition of land under subsection (1) (a) is taken to be an authorised work, and the Cemeteries Agency is, in relation to that authorised work, taken to be the Constructing Authority. > > > (5) Sections 34, 35, 36 and 37 of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045) do not apply to or in respect of works constructed on land acquired under this section. > > **s 14:** Am 2017 No 17, Sch 2.2 \[5\]–\[8\].