33Acquisition by compulsory process

33 Acquisition by compulsory process (1) If, in relation to the acquisition of an interest in land by an acquiring authority— (a) a pre-acquisition declaration has become absolute and is in force; or (b) a certificate has been given under section 21; the Executive may declare that the interest is acquired by the acquiring authority by compulsory process. (2) The declaration shall— (a) identify the land concerned; and (b) specify the public purpose for which the interest is being acquired. (3) The declaration is a notifiable instrument. (4) The Executive must give additional public notice of the declaration. newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a notifiable instrument. (5) On the notification of the declaration under the Legislation Act 2001, the interest is, by force of this section— (a) vested in the acquiring authority; and (b) freed and discharged from all other interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates. (6) Where, because of subsection (5) (b), another interest in the land is, in whole or in part, divested, extinguished or diminished, that other interest shall, to that extent, be taken, for this Act, to have been acquired by compulsory process.

(7) For this Act, a person shall be taken to be affected by the declaration if— (a) the person is an owner of the interest identified in the declaration; or (b) the person is an owner of some other interest in the land that, because of subsection (5) (b), is divested, extinguished or diminished.