16Consent to taking of land

16 Consent to taking of land

(1)  The following persons may agree to the taking of land by notice of acquisition:

(a) if the land is subject to the Land Titles Act 1980 , a person who has power to sell and convey the fee simple estate in that land;

(b) if the land is not subject to the Land Titles Act 1980 –

(i) in the case of land that is not subject to a mortgage, a person who has power to sell and convey the fee simple estate in that land; or

(ii) in the case of land that is subject to a mortgage and in the possession of the mortgagor, a person who would but for that mortgage have power to sell and convey the fee simple estate in that land; or

(iii) in the case of land that is subject to a mortgage and in the possession of the mortgagee, the person who has power to sell and convey the fee simple estate in that land.

(2)  [Section 16 Subsection (2) amended by No. 31 of 2019, s. 9, Applied:01 Jan 2020] Where an agreement is made under subsection (1) , an acquiring authority may take the land, or a part of the land, by causing a notice of acquisition to be published in the Gazette notwithstanding that a notice to treat has not been served under section 11 or 66 .

(3)  An agreement made under subsection (1) binds all owners of the subject land.

(4)  The provisions of a contract which –

(a) relates to the acquisition of subject land; and

(b) contains an agreement made under subsection (1) –

are valid and effective notwithstanding section 19 and Part 3 .