12Notice of withdrawal

12 Notice of withdrawal

(1)  An acquiring authority may withdraw a notice to treat by serving a notice of withdrawal if –

(a) [Section 12 Subsection (1) amended by No. 31 of 2019, s. 6, Applied:01 Jan 2020] a notice of acquisition in respect of the land, or a part of the land, identified in the notice to treat has not been gazetted; and

(b) [Section 12 Subsection (1) amended by No. 31 of 2019, s. 6, Applied:01 Jan 2020] an agreement under section 9 or 16 for the acquisition of the land, or a part of the land, has not been made.

(2)  A notice of withdrawal is to be –

(a) in a form approved by the Secretary; and

(b) [Section 12 Subsection (2) amended by No. 31 of 2019, s. 6, Applied:01 Jan 2020] served on every owner of the land, or a part of the land, to which the notice relates who is, and whose address is, known to the acquiring authority immediately before the day on which the authority withdraws the notice to treat.

(3)  [Section 12 Subsection (3) amended by No. 31 of 2019, s. 6, Applied:01 Jan 2020] Withdrawal of a notice to treat does not prevent the service of another notice to treat in respect of the same land or a part of the land.

(4)  [Section 12 Subsection (4) amended by No. 31 of 2019, s. 6, Applied:01 Jan 2020] [Section 12 Subsection (4) amended by No. 31 of 2019, s. 6, Applied:01 Jan 2020] Where a notice of withdrawal is served on an owner as provided in this section, any other owner of the land, or a part of the land, to which the notice relates who is unknown, or whose address is unknown, to the acquiring authority is taken to have been served with a notice of withdrawal in respect of that land or part of the land, as the case may be.