223Minister may acquire land

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.

(2) The Minister may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 in respect of public water land without the appropriate consent.

(3) For the purposes of subsection (2), the appropriate consent is—

(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—

(i) the authority controlling the dam or reservoir, and

(ii) the Ministers respectively administering the Public Health Act 2010 and the Public Works Act 1912, and

(b) in relation to public water land that is Crown land—the consent of the Minister administering the Crown Land Management Act 2016, and

(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.

(4) For the purposes of the Public Works Act 1912, 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.

(5) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.

s 223: Am 2010 No 127, Sch 4.5 [2]; 2017 No 17, Sch 4.32 [6].