22Availability of certain land etc for compulsory acquisition

22 Availability of certain land etc for compulsory acquisition

22 Availability of certain land etc for compulsory acquisition

(1) For the purposes of sections 14 and 19, lands or easements over lands are available for compulsory acquisition—

(a) in the case of Crown lands or lands vested in a person on behalf of the Crown or in a public authority or in the case of easements over any such lands (not being Crown lands, or lands so vested, or easements over lands, referred to in paragraph (b)), if—

(i) at least three months before the Minister determines an application under section 14 or 19, the applicant has informed the public authority or person concerned or the Minister administering the provisions of the Crown Lands Acts applying to those lands of the application for the licence and of any amendment to that application made in accordance with section 13A (11) or, as the case may be, the application for the variation of the licence area, and

(ii) where the public authority or person or the Minister administering the provisions of the Crown Lands Acts applying to those lands has by instrument in writing addressed to the Minister objected to the granting of the application and has requested that the matter be referred to the Premier for decision, the Premier has, after considering any representations made to the Minister by the public authority, the person concerned and the Minister administering the provisions of the Crown Lands Acts applying to those lands and such other matters as he or she thinks fit, approved of the application being determined by the Minister,

(b) in the case of Crown lands or lands vested in a person on behalf of the Crown (being Crown lands or lands so vested that are under the control of a public authority) or in the case of easements over any such lands, if—

(i) at least three months before the Minister determines an application under section 14 or 19 (or, if the public authority and the owner have agreed that the land is available for acquisition, at any time before the Minister makes such a determination), the applicant has informed the public authority concerned and the owner of the lands of the application for the licence and of any amendment to that application made in accordance with section 13A (11) or, as the case may be, the application for the variation of the licence area, and

(ii) where the public authority concerned or the owner of the lands has by instrument in writing addressed to the Minister objected to the granting of the application and has requested that the matter be referred to the Premier for decision, the Premier has, after considering any representations made to the Minister by the public authority or the owner and such other matters as he or she thinks fit, approved of the application being determined by the Minister,