sec.25General powers regarding property

### sec.25 General powers regarding property The chief executive may, for the State, acquire, hold, dispose of or otherwise deal with property for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes. See subsections (2) and (2A) if land is to be acquired by resumption. The power conferred by subsection (1) includes power to acquire land by resumption in accordance with this part if the land is, in the chief executive’s opinion, required for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes. If land is acquired by resumption for the purpose of a transport associated development as mentioned in subsection (1) or (2) , at the time of acquisition the land must also be acquired for the purposes of transport or for an incidental purpose. Without limiting subsection (1) or (2) , the chief executive may, for the State, acquire property for any of the following purposes— the facilitation of transport infrastructure; the supply or improvement of facilities for users of transport infrastructure; the amelioration of negative environmental effects associated with transport infrastructure; the construction or relocation of ancillary works and encroachments and public utility plant within the meaning of the Transport Infrastructure Act 1994 , chapter 6 . In acquiring land under this part, the chief executive must have regard to any relevant provisions of— the transport coordination plan; and transport infrastructure strategies in force under the Transport Infrastructure Act 1994 . The chief executive may have regard to any other matters the chief executive considers relevant. The power to acquire land under this part includes power to acquire land or an easement, including a transport easement for support, or other interest in land above or beneath the surface without acquiring rights in the surface. Subsection (6) applies to the acquisition of an easement even though the easement— is not attached to, or used and enjoyed with, a dominant tenement; or must not be used and enjoyed in common with any other person. For the Acquisition of Land Act 1967 — the chief executive is a constructing authority within the meaning of that Act; and without limiting the chief executive’s powers to take land under that Act, the chief executive, as a constructing authority under that Act, may take land for purposes mentioned in subsections (1) , (2) and (3) . The chief executive may, as a constructing authority under the Acquisition of Land Act 1967 , obtain or resume a lease of State land or some other interest in State land that is less than freehold. If the chief executive issues a notice of intention to resume a lease of State land, or some other interest in State land that is less than freehold, the chief executive must file a copy of the notice in the appropriate land register kept under the Land Act 1994 . If the chief executive amends or discontinues a resumption mentioned in subsection (10) , the chief executive must immediately file a notice of the amendment or discontinuance in the register. If an acquisition of land by the chief executive would sever land of the owner from other land of the owner, the chief executive may, with the Minister’s approval, acquire by agreement or resumption the whole or a part of the severed area. Land acquired under this part may be described in the instrument acquiring the land in any way sufficient to identify the land. s 25 amd 1995 No. 32 s 23 sch ; 2000 No. 40 s 36 ; 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2004 No. 9 s 71 ; 2008 No. 31 s 68 ; 2014 No. 43 s 111 (sec.25-ssec.1) The chief executive may, for the State, acquire, hold, dispose of or otherwise deal with property for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes. See subsections (2) and (2A) if land is to be acquired by resumption. (sec.25-ssec.2) The power conferred by subsection (1) includes power to acquire land by resumption in accordance with this part if the land is, in the chief executive’s opinion, required for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes. (sec.25-ssec.2A) If land is acquired by resumption for the purpose of a transport associated development as mentioned in subsection (1) or (2) , at the time of acquisition the land must also be acquired for the purposes of transport or for an incidental purpose. (sec.25-ssec.3) Without limiting subsection (1) or (2) , the chief executive may, for the State, acquire property for any of the following purposes— the facilitation of transport infrastructure; the supply or improvement of facilities for users of transport infrastructure; the amelioration of negative environmental effects associated with transport infrastructure; the construction or relocation of ancillary works and encroachments and public utility plant within the meaning of the Transport Infrastructure Act 1994 , chapter 6 . (sec.25-ssec.4) In acquiring land under this part, the chief executive must have regard to any relevant provisions of— the transport coordination plan; and transport infrastructure strategies in force under the Transport Infrastructure Act 1994 . (sec.25-ssec.5) The chief executive may have regard to any other matters the chief executive considers relevant. (sec.25-ssec.6) The power to acquire land under this part includes power to acquire land or an easement, including a transport easement for support, or other interest in land above or beneath the surface without acquiring rights in the surface. (sec.25-ssec.7) Subsection (6) applies to the acquisition of an easement even though the easement— is not attached to, or used and enjoyed with, a dominant tenement; or must not be used and enjoyed in common with any other person. (sec.25-ssec.8) For the Acquisition of Land Act 1967 — the chief executive is a constructing authority within the meaning of that Act; and without limiting the chief executive’s powers to take land under that Act, the chief executive, as a constructing authority under that Act, may take land for purposes mentioned in subsections (1) , (2) and (3) . (sec.25-ssec.9) The chief executive may, as a constructing authority under the Acquisition of Land Act 1967 , obtain or resume a lease of State land or some other interest in State land that is less than freehold. (sec.25-ssec.10) If the chief executive issues a notice of intention to resume a lease of State land, or some other interest in State land that is less than freehold, the chief executive must file a copy of the notice in the appropriate land register kept under the Land Act 1994 . (sec.25-ssec.11) If the chief executive amends or discontinues a resumption mentioned in subsection (10) , the chief executive must immediately file a notice of the amendment or discontinuance in the register. (sec.25-ssec.12) If an acquisition of land by the chief executive would sever land of the owner from other land of the owner, the chief executive may, with the Minister’s approval, acquire by agreement or resumption the whole or a part of the severed area. (sec.25-ssec.13) Land acquired under this part may be described in the instrument acquiring the land in any way sufficient to identify the land. - (a) the facilitation of transport infrastructure; - (b) the supply or improvement of facilities for users of transport infrastructure; - (c) the amelioration of negative environmental effects associated with transport infrastructure; - (d) the construction or relocation of ancillary works and encroachments and public utility plant within the meaning of the Transport Infrastructure Act 1994 , chapter 6 . - (a) the transport coordination plan; and - (b) transport infrastructure strategies in force under the Transport Infrastructure Act 1994 . - (a) is not attached to, or used and enjoyed with, a dominant tenement; or - (b) must not be used and enjoyed in common with any other person. - (a) the chief executive is a constructing authority within the meaning of that Act; and - (b) without limiting the chief executive’s powers to take land under that Act, the chief executive, as a constructing authority under that Act, may take land for purposes mentioned in subsections (1) , (2) and (3) .