31Rescission of acquisition notice

#### 31 Rescission of acquisition notice 31 Rescission of acquisition notice > > (1) The Governor may, by notice published in the Gazette, rescind in whole or in part any acquisition notice. > > > (2) An acquisition notice may not be rescinded unless a Minister has certified that it is necessary to do so for the purpose of correcting a clerical error or obvious mistake or for other good cause or that the former owners of the land have agreed to the rescission. > > > (3) An acquisition notice published under Division 3 (Owner-initiated acquisition in cases of hardship) may not be rescinded without the consent of the owner who required the acquisition. > > > (4) On the publication in the Gazette of the rescission notice, the land described in the rescission notice— > > > > > (a) revests in the person who was entitled to it immediately before the compulsory acquisition for the estate, interest or right which the person had immediately before the compulsory acquisition, but subject to any interest in or equity binding on the land created by the authority of the State since its compulsory acquisition, and > > > > > (b) is subject to all trusts, restrictions, dedications, reservations, easements, rights, charges, rates and contracts from which it was freed and discharged by the compulsory acquisition, and > > > > > (c) is subject to any interests in or equities binding on the compensation money that were created since the compulsory acquisition. > > > (5) If a resumption application relating to land described or referred to in an acquisition notice has been lodged under section 31A (2) of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) with the Registrar-General— > > > > > (a) a rescission notice may not rescind so much of the acquisition notice as relates to that land, and > > > > > (b) any transfer of that land, after it has been brought under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), to the person who was entitled to it immediately before the resumption is, for the purposes of Part 4 of this Act, taken, on its registration under that Act— > > > > > > > (i) to revest that land under this section in the transferee, and > > > > > > > (ii) to rescind the compulsory acquisition in so far as it relates to that land. > > > (6) Part 4 deals with the compensation payable when an acquisition notice is rescinded under this section. > > > (7) In this section, acquisition notice includes a notification of appropriation or resumption made under the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) before the commencement of this section.