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Petroleum and Gas (Production and Safety) Act 2004
sec.458Process for taking land
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### sec.458 Process for taking land
The Acquisition of Land Act 1967 (the ALA ) applies for taking land under section 456 and paying compensation for land taken as if—
the taking were a taking under that Act by a constructing authority; and
the reference in the ALA , section 5 (1) (c) to the taking of land for a purpose stated in the schedule to that Act were a reference to the taking of land for a purpose mentioned in section 456 (2) ; and
the constructing authority were the State; and
the reference in the ALA to the relevant Minister is a reference to the Minister administering this Act.
However, for land where native title exists, see sections 8 and 855 .
Taking land under section 456 does not become a taking of land under the ALA .
In assessing the compensation, allowance can not be made for the value of petroleum known or supposed to be on or under, or produced from, the land.
See also section 462 (Disposal of land taken by State).
s 458 amd 2007 No. 46 s 194 ; 2011 No. 2 ss 121 , 122 sch ; 2013 No. 23 s 352 sch 1 pt 1
(sec.458-ssec.1) The Acquisition of Land Act 1967 (the ALA ) applies for taking land under section 456 and paying compensation for land taken as if— the taking were a taking under that Act by a constructing authority; and the reference in the ALA , section 5 (1) (c) to the taking of land for a purpose stated in the schedule to that Act were a reference to the taking of land for a purpose mentioned in section 456 (2) ; and the constructing authority were the State; and the reference in the ALA to the relevant Minister is a reference to the Minister administering this Act. However, for land where native title exists, see sections 8 and 855 .
(sec.458-ssec.2) Taking land under section 456 does not become a taking of land under the ALA .
(sec.458-ssec.3) In assessing the compensation, allowance can not be made for the value of petroleum known or supposed to be on or under, or produced from, the land. See also section 462 (Disposal of land taken by State).
- (a) the taking were a taking under that Act by a constructing authority; and
- (b) the reference in the ALA , section 5 (1) (c) to the taking of land for a purpose stated in the schedule to that Act were a reference to the taking of land for a purpose mentioned in section 456 (2) ; and
- (c) the constructing authority were the State; and
- (d) the reference in the ALA to the relevant Minister is a reference to the Minister administering this Act.