19Declaration that land suitable for acquisition

19 Declaration that land suitable for acquisition (1) The Executive may declare that it is considering the acquisition by an acquiring authority of an interest in land (other than a mortgage interest) for a public purpose. (2) The declaration shall identify the acquiring authority, the land, the interest in the land and the public purpose. (3) Except where the interest is a restriction on the use of land, the Executive shall include in the declaration— (a) a statement that the land appears to the Executive to be suitable for use, or for development for use, for a public purpose; and (b) a statement setting out— (i) particulars of the use to which the land will be put or for which it will be developed; and (ii) the reasons why the land appears to be suitable for that use or for development for that use. (4) Where the interest is a restriction on the use of land, the Executive shall include in the declaration— (a) a statement that it appears to the Executive to be appropriate for the acquiring authority to be given, for a public purpose, the benefit of the restriction on the use of the land; and (b) a statement— (i) explaining the nature of the restriction; and (ii) setting out the reasons why it is appropriate for the acquiring authority to be given the benefit of the restriction.

(5) The Executive may include in the declaration a statement that the proposed use of the land, or the proposed restriction on the use of the land, as the case may be, is connected with the implementation of a policy particulars of which are set out in the declaration. (6) The Executive shall give a copy of the declaration to each person who is registered under the Land Titles Act 1925 as the owner of an interest in the land affected by the declaration together with— (a) a sketch showing the location of the land to which the declaration relates; and (b) a statement setting out a summary of the principal rights conferred by this Act on persons whose interests in land are affected by a pre-acquisition declaration. (7) If documents referred to in subsection (6) are required to be given to 2 or more persons, the Executive shall, as far as practicable, ensure that the documents are given to the persons at or about the same time. (8) The declaration ceases to be in force if— (a) the interest is acquired under this Act; or (b) the declaration is revoked; or (c) the declaration ceases to have effect because of section 22, 25 or 35 (2). (9) For this Act, an interest in land shall be taken to be affected by the declaration only if— (a) the interest is the same as, includes or is included in, the interest in land specified in the declaration (the declaration interest); or (b) the interest is some other interest in land that, if the declaration interest were acquired by compulsory process, would be in whole or in part divested, extinguished or diminished because of section 33 (5) (b).

Pre-acquisition declarations Division 4.1