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Major Transport Projects Facilitation Act 2009
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Turn the raw legal text into a practical explanation grounded in Major Transport Projects Facilitation Act 2009.
134 Order for surrender, divesting or acquisition of land of public authorities and Councils
(1) The Governor in Council on the recommendation of the Project Minister, by Order published in the Government Gazette, may—
(a) require a public authority or Council in which land in the project area is vested to surrender that land to the Crown; or
S. 134(1)(b) amended by No. 43/2021 s. 159(2)(a).
(b) divest land in the project area from a public authority or Council; or
S. 134(1)(c) inserted by No. 43/2021 s. 159(2)(b).
(c) provide for the acquisition by the Crown or the project authority of an interest in land from land in the project area that is vested in a public authority or Council.
(2) Subsection (1) applies whether or not that land was vested in the public authority or Council by or under an Act or by any other means.
(3) Subsection (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978.
S. 134(3A) inserted by No. 43/2021 s. 159(3).
(3A) An interest referred to in subsection (1)(c)—
(a) may be an interest that did not previously exist as such; and
(b) may consist of a right in the nature of an easement, or purporting to be an easement, even though there is no land vested or to be vested in the Crown or the project authority that is benefitted by or capable of being benefitted by that right.
S. 134(3B) inserted by No. 43/2021 s. 159(3).
(3B) An Order under subsection (1)(b) may specify that the land divested is to vest in the project authority.
S. 134(3C) inserted by No. 43/2021 s. 159(3).
(3C) An Order under subsection (1)(c)—
(a) must specify the interest to be acquired; and
(b) may specify that the interest is to be acquired by the project authority.
(4) A public authority or Council must comply with a requirement under subsection (1)(a).
S. 134(5) amended by Nos 49/2013 s. 56, 43/2021 s. 159(4).
(5) A public authority or Council that receives notice of a requirement under subsection (1)(a) must give the Project Minister and the project authority written notice of any lease, licence or other interest in the land that is being divested.
S. 134(6) amended by No. 43/2021 s. 159(5).
(6) The Project Minister must give written notice to any public authority, Council or person affected by an Order under subsection (1) within 10 business days after the Order is published.
S. 134(7) inserted by No. 49/2013 s. 69(2).
(7) An Order under subsection (1) is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.