VICIn ForceAct
EastLink Project Act 2004
54Power of Authority to purchase land
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54 Power of Authority to purchase land
(1) The Authority may purchase land for the purposes of the Project in any area outside the Project area.
(2) The Authority may purchase land in any area outside the Project area for the purpose of preservation, restoration or provision of native habitat.
(3) The Authority may purchase the whole of a parcel of land even if only part of the land is required for the purposes of the Project or for the purposes of subsection (2).
(4) If the Authority acquires part of a parcel of land under section 34, it may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for the purposes of the Project or for the purposes of subsection (2).
S. 54(5) inserted by No. 14/2005 s. 14.
(5) If an Order has been published under section 55 requiring a public authority to surrender land to the Crown or divesting land from a public authority and at the time the public authority acquired the land it did not acquire the whole of the parcel of which the land formed part, the Authority may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for the purposes of the Project or for the purposes of subsection (2).
Part 4—Provision of public land and Council land
Division 1—Surrender or divesting of public land and Council land
55 Surrender or divesting of land of public authorities and Councils
(1) The Governor in Council may, by Order published in the Government Gazette—
(a) require a public authority or Council in which land in the Project area is vested to surrender that land to the Crown; or
(b) divest land in the Project area from a public authority or Council.
(2) Subsection (1) applies whether or not that land was vested in the public authority or Council by or under an Act or by any other means.
(3) Subsection (1) does not apply to land that is reserved under the **Crown Land (Reserves) Act 1978**.
(4) A public authority or Council must comply with a requirement under subsection (1)(a).
(5) A power may only be exercised under subsection (1) on the joint recommendation of the Minister and—
(a) in the case of a public authority, the Minister administering the Act under which the public authority is established; or
S. 55(5)(b) amended by No. 9/2020 s. 390(Sch. 1 item 28.2).
(b) in the case of a Council, the Minister administering the **Local Government Act 2020**.