154Time for entry into possession—residence or business

154 Time for entry into possession—residence or business

S. 154(1) amended by No. 43/2021 s. 217(11).

(1) Subject to this Division, if project land or part of project land is used, at the reservation date, by a person as the principal place of residence or business of that person, the project authority must not enter into possession of—

(a) the part of the land so used; or

(b) if the whole of the land is so used, that land—

before the end of 3 months after the reservation date and unless the project authority has given 7 days' written notice of its intention to enter into possession to the occupier of the land.

(2) The occupier is not liable for the payment of rent in respect of the occupation of that part of the project land that is used as the principal place of residence or business of the occupier during the 3 month period referred to in subsection (1).

(3) If the occupier ceases of the occupier's own accord to occupy the project land before the end of the 3 month period referred to in subsection (1), the entitlement of that person under this Division to occupy the land without payment of rent to the project authority also ceases.

(4) If the occupier was in occupation of the land immediately before the reservation date—

(a) in accordance with section 26(2) of the Land Acquisition and Compensation Act 1986 or an agreement under section 26(6) of that Act; or

(b) in accordance with section 20E(2) of the Project Development and Construction Management Act 1994 or an agreement under section 20E(6) of that Act—

this Division applies as if the 3 month period referred to in subsection (1) were the remainder of the period of occupation permitted under the relevant provision or agreement specified in paragraph (a) or (b) of this subsection.

S. 154(5) amended by No. 43/2021 s. 217(11).

(5) If the occupier was in occupation of the land before the reservation date—

(a) in accordance with section 26(2) of the Land Acquisition and Compensation Act 1986 or an agreement under section 26(6) of that Act; or

(b) in accordance with section 20E(2) of the Project Development and Construction Management Act 1994 or an agreement under section 20E(6) of that Act—

and the period of occupation permitted under the relevant provision or agreement specified in paragraph (a) or (b) had ended before the reservation date, the project authority may enter into possession of the land at any time after the reservation date after giving 7 days' written notice of its intention to enter into possession to the occupier of the land.