NSWIn ForceAct
Ports Assets (Authorised Transactions) Act 2012
22Acquisition of land by Ports Assets Ministerial Holding Corporation
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#### 22 Acquisition of land by Ports Assets Ministerial Holding Corporation
22 Acquisition of land by Ports Assets Ministerial Holding Corporation
> > (1) The Ports Assets Ministerial Holding Corporation may, for the purposes of an authorised transaction, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) that the Corporation determines to be—
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> > > (a) land on which ports assets of a port SOC were situated on the date of assent to this Act and continue to be situated, or
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> > > (b) land that on the date of assent to this Act was used or occupied by a port SOC for or in connection with the exercise of any function of the port SOC and that continues to be so used or occupied.
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> > (2) In the case of land used (but not occupied) by a port SOC for or in connection with the exercise of any function of the port SOC, such as land used for the purposes of access, the power conferred by this section to acquire the land is limited to a power to acquire an interest in the land sufficient to allow that use of the land to continue.
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> > (3) A public sector agency is not entitled to compensation under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) as the owner of land acquired pursuant to this section.
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> > (4) Land acquired by the Corporation pursuant to this section is deemed to be an asset of a port SOC for the purposes of this Act and the Corporation is deemed to be a port SOC for the purposes of this Act while it holds the land.
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> Note—
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> Land acquired pursuant to this section is a ports asset for the purposes of an authorised transaction (whether or not it was a ports asset before it was acquired).