165ENotice of temporary occupation

165E Notice of temporary occupation

(1) At least 7 days before a project authority, or a person authorised by a project authority, enters any land under section 165D, the project authority must give the occupier of the land, and if the occupier is not the owner, the owner of the land written notice of the intention to enter and occupy the land.

(2) A notice under subsection (1) must—

(a) indicate in general terms the approximate position and nature of the land; and

(b) indicate the extent to which the powers under section 165D(2) are proposed to be exercised; and

S. 165E(2)(c) amended by No. 48/2024 s. 44(3).

(c) include the name and place of business of any person authorised by the project authority to exercise a power under section 165D(2) on its behalf; and

(d) contain a statement of the principal rights and obligations of the occupier or owner (as the case may be) under this Act.

(3) Subject to section 106(1) of the Land Acquisition and Compensation Act 1986 (as applied and modified under subsection (4)), the project authority within 7 days after the expiry of each calendar month must cause to be given to the owner and occupier of the land a written notice setting out the nature and quantity of any substance or timber taken from the land during that calendar month.

(4) Section 106(1) of the Land Acquisition and Compensation Act 1986 applies, with any necessary modifications, for the purposes of subsection (3).

S. 165F inserted by No. 43/2021 s. 190.