sec.263AWhen State may take land

### sec.263A When State may take land The State may take land for development infrastructure. However, the State may take the land only if— the Minister is satisfied— the infrastructure is necessary to facilitate development; and reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the provision of the infrastructure but the owner has not agreed to the actions; and for land that is to vest in a public sector entity other than a department or part of a department—the entity has been consulted about the taking and vesting of the land; and an infrastructure agreement in relation to providing or paying for the infrastructure has been entered into under chapter 4 ; and an infrastructure agreement about the costs of taking the land has been entered into under section 263D ; and the taking of the land complies with the criteria prescribed by regulation; and the Governor in Council approves, by regulation, the taking of the land. The State’s power to take the land for development infrastructure— applies even though— the taking of the land is for conferring rights or interests in the land on another entity; and a person may derive a measurable benefit from any action taken on the land to facilitate the provision of the infrastructure; and includes the power to take, from time to time as required, land for the development infrastructure or another purpose incidental to the provision of the infrastructure. The process under the Acquisition Act for the taking of land, and the payment of compensation for taking land, applies in relation to the taking of land under this section as if the land were being taken under the Acquisition Act by the State as a constructing authority. However, the taking of land under this section is not a taking of land under the Acquisition Act . The State’s power to take land under this section does not limit the State’s power to take land, as a constructing authority, under the Acquisition Act . s 263A ins 2024 No. 13 s 43 (sec.263A-ssec.1) The State may take land for development infrastructure. (sec.263A-ssec.2) However, the State may take the land only if— the Minister is satisfied— the infrastructure is necessary to facilitate development; and reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the provision of the infrastructure but the owner has not agreed to the actions; and for land that is to vest in a public sector entity other than a department or part of a department—the entity has been consulted about the taking and vesting of the land; and an infrastructure agreement in relation to providing or paying for the infrastructure has been entered into under chapter 4 ; and an infrastructure agreement about the costs of taking the land has been entered into under section 263D ; and the taking of the land complies with the criteria prescribed by regulation; and the Governor in Council approves, by regulation, the taking of the land. (sec.263A-ssec.3) The State’s power to take the land for development infrastructure— applies even though— the taking of the land is for conferring rights or interests in the land on another entity; and a person may derive a measurable benefit from any action taken on the land to facilitate the provision of the infrastructure; and includes the power to take, from time to time as required, land for the development infrastructure or another purpose incidental to the provision of the infrastructure. (sec.263A-ssec.4) The process under the Acquisition Act for the taking of land, and the payment of compensation for taking land, applies in relation to the taking of land under this section as if the land were being taken under the Acquisition Act by the State as a constructing authority. (sec.263A-ssec.5) However, the taking of land under this section is not a taking of land under the Acquisition Act . (sec.263A-ssec.6) The State’s power to take land under this section does not limit the State’s power to take land, as a constructing authority, under the Acquisition Act . - (a) the Minister is satisfied— (i) the infrastructure is necessary to facilitate development; and (ii) reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the provision of the infrastructure but the owner has not agreed to the actions; and (iii) for land that is to vest in a public sector entity other than a department or part of a department—the entity has been consulted about the taking and vesting of the land; and - (i) the infrastructure is necessary to facilitate development; and - (ii) reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the provision of the infrastructure but the owner has not agreed to the actions; and - (iii) for land that is to vest in a public sector entity other than a department or part of a department—the entity has been consulted about the taking and vesting of the land; and - (b) an infrastructure agreement in relation to providing or paying for the infrastructure has been entered into under chapter 4 ; and - (c) an infrastructure agreement about the costs of taking the land has been entered into under section 263D ; and - (d) the taking of the land complies with the criteria prescribed by regulation; and - (e) the Governor in Council approves, by regulation, the taking of the land. - (i) the infrastructure is necessary to facilitate development; and - (ii) reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the provision of the infrastructure but the owner has not agreed to the actions; and - (iii) for land that is to vest in a public sector entity other than a department or part of a department—the entity has been consulted about the taking and vesting of the land; and - (a) applies even though— (i) the taking of the land is for conferring rights or interests in the land on another entity; and (ii) a person may derive a measurable benefit from any action taken on the land to facilitate the provision of the infrastructure; and - (i) the taking of the land is for conferring rights or interests in the land on another entity; and - (ii) a person may derive a measurable benefit from any action taken on the land to facilitate the provision of the infrastructure; and - (b) includes the power to take, from time to time as required, land for the development infrastructure or another purpose incidental to the provision of the infrastructure. - (i) the taking of the land is for conferring rights or interests in the land on another entity; and - (ii) a person may derive a measurable benefit from any action taken on the land to facilitate the provision of the infrastructure; and