VICIn ForceAct
EastLink Project Act 2004
117Proceedings where refusal to give up possession
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117 Proceedings where refusal to give up possession
(1) If the Authority is entitled under this Division to enter into possession of land and the person in occupation of the land or any other person—
(a) refuses to give up the possession of the land; or
(b) hinders the Authority from entering on and taking possession of the land—
the Authority may issue its warrant under this section to the sheriff.
(2) A warrant issued under this section authorises the sheriff to—
(a) enter on the land specified in the warrant; and
(b) deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land; and
(c) use such force as is reasonably necessary to execute the warrant.
(3) On receipt of a warrant issued under this section, the sheriff must deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land.
(4) The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to give up possession.
(5) The amount of the costs may if not paid on demand be enforced by a warrant to seize property.
(6) On application by the Authority, a magistrate must issue a warrant for the purposes of subsection (5).
S. 117(7) repealed by No. 87/2009 s. 28.