55Immediate entry

55 Immediate entry

(1)  In this section –

authorization means an authorization given under subsection (2) ;

prescribed persons means –

(a) the occupier, if any, of the land that a person is authorized to enter; and

(b) the owner in fee simple of that land; and

(c) if that land is not subject to the Land Titles Act 1980 but is subject to a mortgage, the mortgagor;

required land means land –

(a) in respect of which an acquiring authority has served a notice to treat; and

(b) which the authority has not yet acquired.

(2)  [Section 55 Subsection (2) amended by No. 19 of 2001, s. 11, Applied:12 Apr 2001] An acquiring authority may authorize, in writing, a person to enter on required land where the authority determines that it or, in the case of a major infrastructure project, the proponent of that project urgently needs possession of the land in relation to the authorized purpose for which the required land is proposed to be acquired or any purpose incidental to the authorized purpose.

(3)  *[Section 55 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*An acquiring authority, other than the Crown, must not give an authorization unless it has first obtained the consent to the giving of the authorization of –

(a) in the case of a public authority established or constituted by or under an Act, the Minister administering that Act; or

(b) in the case of a public authority established or constituted by or under the Royal Prerogative, the Minister administering that authority; or

(c) in the case of a local authority –

(i) created or continued under the , the Minister administering that Act; or