165RObligations in relation to exercise of powers

165R Obligations in relation to exercise of powers

(1) In exercising powers under section 165P, a project authority, or a person authorised by a project authority, must—

(a) cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and

(b) use all reasonable endeavours to co‑operate with the owner and occupier of the land.

(2) Subject to subsections (4) and (5), after the exercise of powers under section 165P in relation to any land, a project authority, or a person authorised by a project authority, must within the specified period—

(a) remove from the land on the completion of the entry or occupation of the land all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land; and

(b) except as otherwise agreed with the owner or occupier of the land, replace any fence or other structure demolished with a fence or other structure—

(i) of the same function; and

(ii) of at least the same standard; and

(iii) in the same location or in another location if it is impracticable to replace it in the same location because of the permanent infrastructure constructed for the approved project; and

(c) otherwise leave the land, as nearly as possible, in the condition in which it was immediately before the land was entered, occupied or used.

(3) The specified period is, unless otherwise agreed with the owner or occupier of the land—

(a) as soon as practicable after the land is no longer required for the purposes of section 165P(1); and

(b) in any event, within 4 months after—

(i) the construction completion date; or

(ii) the giving of an abandon acquisition notice.

(4) Despite subsection (2)—

(a) things may be left in place with the agreement of the owner or occupier of the land; and

(b) the land may otherwise be left in a condition as agreed with the owner or occupier of the land.

(5) Subsection (2) does not apply in respect of any part of the land that is acquired or is to be acquired for the permanent infrastructure constructed for the approved project.

S. 165S inserted by No. 48/2024 s. 22.