165QProject authority to give notice to owner or occupier before entering, occupying and using land

165Q Project authority to give notice to owner or occupier before entering, occupying and using land

(1) At least 30 days before a project authority, or a person authorised by a project authority, enters any land under section 165P, 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, occupy and use the land (an advance works notice).

(2) Within 30 days after the giving of an advance works notice, the project authority, or the person authorised by the project authority, must give a copy of the notice to any person who, after diligent enquiry, has been identified as having an interest in the land.

(3) An advance works notice 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 165P(1) are proposed to be exercised; and

(c) include the name and place of business of any person authorised by the project authority to exercise a power under section 165P(1) 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; and

(e) be accompanied by a draft of a LACA notice of intention to acquire (a draft LACA notice).

(4) A draft LACA notice must—

(a) be in the form of a LACA notice of intention to acquire; and

(b) subject to subsections (5) and (6), contain the information required, under section 8 of the Land Acquisition and Compensation Act 1986 to be included in a LACA notice of intention to acquire, for the acquisition of an interest in land for the permanent infrastructure; and

(c) state that the area of land that may ultimately be acquired may be smaller than the area described in the notice.

(5) The description contained in a draft LACA notice—

(a) must describe the maximum area of land that may need to be acquired for the permanent infrastructure; and

(b) may be in the form of a sketch.

A notice of intention to acquire under the Land Acquisition and Compensation Act 1986 is required to contain a description (including, if appropriate, a sketch) sufficient to identify the interest to be acquired and the location of the land—see section 8(1)(b) of the Land Acquisition and Compensation Act 1986.

(6) A draft LACA notice is not required to contain the information required under section 8(2) of the .