56Power to occupy adjacent land

56 Power to occupy adjacent land

(1)  In this section –

adjacent land means land which is within a distance of 200 metres from the nearest boundary of required land or land acquired under this Act, but does not include –

(a) any garden, orchard or plantation attached or belonging to a house or any park, planted walk, avenue or ground ornamentally planted; or

(b) land that is less than 200 metres from an occupied dwelling-house situated on land other than the required land or land so acquired;

prescribed persons means –

(a) the occupier, if any, of adjacent land that a person is authorized to enter under subsection (2) (a) or (b) ; and

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

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

[Section 56 Subsection (1) amended by No. 19 of 2001, s. 11, Applied:12 Apr 2001]

[Section 56 Subsection (1) amended by No. 19 of 2001, s. 11, Applied:12 Apr 2001] required land means –

(a) land –

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

(ii) which the authority has not yet acquired; or

(b) land in respect of which an authorisation has been given under section 54A(2) .

(2)  An acquiring authority may authorize, in writing, a person to enter on adjacent land where –

(a) the authority determines that it or, in the case of a major infrastructure project, the proponent of that project urgently needs possession of required 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; or