NSWIn ForceAct
Fisheries Management Act 1994
223Minister may acquire land
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#### 223 Minister may acquire land
223 Minister may acquire land
> > (1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).
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> > (2) The Minister may not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) in respect of public water land without the appropriate consent.
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> > (3) For the purposes of subsection (2), the appropriate consent is—
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> > > (a) in relation to public water land that is within a dam or reservoir used primarily for domestic water supply or within an area designated by or under an Act as a catchment area in respect of such a dam or reservoir—the consent of—
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> > > > (i) the authority controlling the dam or reservoir, and
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> > > > (ii) the Ministers respectively administering the [Public Health Act 2010](/view/html/inforce/current/act-2010-127) and the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), and
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> > > (b) in relation to public water land that is Crown land—the consent of the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), and
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> > > (c) in relation to public water land (other than that referred to in paragraph (a)) that is vested in a public authority or in trustees for a public purpose—the consent of that authority or those trustees.
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> > (4) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work, and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
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> > (5) Sections 34, 35, 36 and 37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed under this Act.
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> **s 223:** Am 2010 No 127, Sch 4.5 \[2\]; 2017 No 17, Sch 4.32 \[6\].