155Early entry of place of residence or business

155 Early entry of place of residence or business

(1) Section 154 does not apply if—

(a) the Governor in Council certifies that having regard to—

(i) the urgency of the case or any other exceptional circumstances; and

(ii) the public interest—

it is not practicable for the project authority to delay entry into possession of the project land until after the end of the 3 month period referred to in section 154(1); or

(b) the project authority and the occupier have, with the consent of the Project Minister, entered into an agreement in relation to the time of entry into possession of the project land by the project authority; or

S. 155(1)(c) substituted by No. 43/2021 s. 179.

(c) the land is underground land that is declared under section 162.

(2) A certificate under subsection (1)(a) must specify the date on which the project authority is to take possession.

(3) The project authority must serve a copy of the certificate under subsection (1)(a) on the occupier.

(4) The occupier whose period of occupation of the project land was abridged under subsection (1)(a) is entitled to claim compensation under Division 1 for any loss or damage that is incurred as a direct, natural and reasonable consequence of that abridgment and for which the person could not otherwise make a claim under that Division.

(5) The compensation payable pursuant to subsection (4) may be paid to—

(a) the person who is entitled to claim the compensation; or

(b) the constituted attorney of that person.

S. 155A inserted by No. 43/2021 s. 180.