167Project authority may enter, occupy, use and carry out works on certain land

167 Project authority may enter, occupy, use and carry out works on certain land

S. 167(1) amended by No. 48/2024 s. 23.

(1) For the purposes of an approved project or any purpose connected with an approved project, a project authority or a person authorised in writing by a project authority may—

(a) enter, occupy and use any relevant land; and

(b) carry out works on any relevant land.

(2) A project authority must give written notice to the person who owns the relevant land or in whom it is vested, or the person responsible for the management of the relevant land, before exercising any power, or authorising a person to exercise any power, under this section.

(3) A project authority must not exercise or authorise a person to exercise a power under this section in relation to relevant land that is reserved Crown land unless—

(a) the exercise of the power is not inconsistent with the reservation of the land; or

(b) the relevant land is the subject of a licence or tenancy agreement under section 17B of the Crown Land (Reserves) Act 1978 as modified by section 168.

(4) An authorisation under this section may be given subject to any conditions that are not inconsistent with the purposes of the approved project.

(5) An authorisation that is inconsistent with the purposes of an approved project is invalid only to the extent of the inconsistency.

(6) Works carried out on relevant land in the exercise of any powers under this section are not required to be removed from the land at the completion of the exercise of those powers.

relevant land, in relation to an approved project, means any of the following, whether in or outside the project area—

(a) public land;

(b) land owned by or vested in a Council;

(c) land owned by or vested in a company within the meaning of the Corporations Act—

(i) that exercises a public function on behalf of the State; and

(ii) all the shares in which are held by or on behalf of the State, a public authority or a State owned enterprise within the meaning of the State Owned Enterprises Act 1992.

S. 168 substituted by No. 43/2021 s. 192.