4Application of Act to acquisition of land by or on behalf of the Crown

4 Application of Act to acquisition of land by or on behalf of the Crown

(1)  Land is to be acquired as provided by this Act where the Crown, the Governor or a Minister of the Crown is authorized –

(a) by an Act to undertake, construct or provide a public work for which the land is required; or

(b) by this Act or any other Act to purchase, acquire or take the land for any purpose.

(2)  Except to the extent that the provisions of this Act are expressly varied or made inapplicable by an Act referred to in subsection (1) , other than this Act, those provisions –

(a) apply to the work or purpose authorized by that Act as far as they are applicable to that work or purpose; and

(b) form part of that Act, together with any other Act that is to be incorporated with that Act; and

(c) are to be read as one Act with that Act and any other Act so incorporated.

(3)  The Governor may, by order, authorize a Minister of the Crown to acquire land for a public purpose or public work if there is no statutory authorization to acquire the land as mentioned in subsection (1) .

(4)  An authorization under subsection (3) is an authorization to the Minister under this Act for the purposes of subsection (1) .

(5)  An order made under subsection (3) is not a statutory rule within the meaning of the Rules Publication Act 1953 and section 38A (2) (a) of the Acts Interpretation Act 1931 does not apply in relation to it.

(6)  Except as provided in section 74 , this Act does not affect the right of the Crown to resume land by virtue of a right reserved in the grant of the land, but land that may be so resumed may be acquired under this Act.