Major Transport Projects Facilitation Act 2009
165DPower of temporary occupation
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165D Power of temporary occupation
(1) A project authority or a person authorised in writing by a project authority may enter any land and occupy the land so long as is necessary for the purposes of an approved project or any purpose connected with an approved project.
(2) The project authority or a person authorised in writing by the project authority may, for the purposes of an approved project or for any purpose connected with an approved project, do any of the following—
(a) dig and take from the land occupied under subsection (1) any clay, stone, gravel, earth or other substance;
(b) deposit any material on that land;
(c) make cuttings or excavations on that land;
(d) take timber from that land;
(e) make and use roadways, railways or carparks on that land;
(f) manufacture on that land any materials required;
(g) erect workshops, sheds and buildings of a temporary character on that land;
(h) construct driveways, pathways or other means of access to that land, including associated drains and curbs;
(i) carry out works on drainage channels, streams or other waterways or works relating to the diversion of drainage channels, streams or other waterways;
(j) demolish fences or other structures on that land (other than a structure that is, or forms part of, a structure occupied, or intended to be occupied, as a place of residence or business).
(3) A project authority may make land that is being temporarily occupied under this section available to the public or a section of the public to use a railway, roadway, pathway or carpark constructed on that land.
S. 165E inserted by No. 43/2021 s. 190.