VICIn ForceAct
Transport Integration Act 2010
64LPowers to enter land for investigative purposes
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64L Powers to enter land for investigative purposes
S. 64L(1) amended by No. 49/2019 s. 73.
(1) The Head, Transport for Victoria may enter any land and do all things necessary and convenient for investigative purposes to determine whether the land should be compulsorily acquired.
S. 64L(2) amended by No. 49/2019 s. 73.
(2) The Head, Transport for Victoria may exercise the powers conferred by this section on the Head, Transport for Victoria by any person who is authorised in writing by the Head, Transport for Victoria to do so.
S. 64L(3) amended by No. 49/2019 s. 73.
(3) The Head, Transport for Victoria must not exercise a power under this section unless—
S. 64L(3)(a) amended by No. 49/2019 s. 73.
(a) the Head, Transport for Victoria has given 7 days' notice in writing to the occupier of the land that is to be entered; or
(4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time.
S. 64L(5) amended by No. 49/2019 s. 73.
(5) In exercising powers under this section, the Head, Transport for Victoria must—
(c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;
S. 64L(5)(d) amended by No. 49/2019 s. 73.
(d) leave the land as nearly as possible in the condition in which the Head, Transport for Victoria found it;
S. 64L(6) amended by No. 49/2019 s. 73, substituted by No. 19/2022 s. 28.
(6) The Head, Transport for Victoria is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person—
(a) sustained pecuniary loss; or
(b) incurred any expense.
S. 64L(7) substituted by No. 19/2022 s. 28.
(7) Compensation under subsection (6) must be claimed and dealt with in accordance with the **Land Acquisition and Compensation Act 1986**, as if it were a claim under section 47(1) of that Act.
S. 64M inserted by No. 3/2017 s. 3, amended by No. 49/2019 s. 74.