sec.27APower of chief executive to dispose of land

### sec.27A Power of chief executive to dispose of land This section applies if— land has been acquired under this part, and is no longer required by the chief executive as the constructing authority, under the Acquisition of Land Act 1967 ; and the chief executive intends to offer the land to the former owner. Also, this section applies despite the Acquisition of Land Act 1967 , section 41 . The chief executive may take an easement over all or part of the land to ensure the structural and operational integrity of transport infrastructure. The chief executive must, within 7 years after the date of acquisition, give notice of the chief executive’s intention (the chief executive’s notice ) to offer the land to the former owner. The chief executive’s notice must— be in writing; and state that— the chief executive intends to sell the land; and if the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement. Subsection (8) applies if the chief executive— receives, within the relevant time, the former owner’s notice stating the former owner is not interested in buying the land; or does not receive the former owner’s notice within the relevant time. The chief executive may, for the State, dispose of the land subject to any easement in favour of the chief executive. Subsection (10) applies if the chief executive receives, within the relevant time, the former owner’s notice stating the former owner is interested in buying the land. The chief executive must offer (the formal offer ) the land, subject to any easement, for sale to the former owner at a price (the sale price ) decided by the chief executive. The formal offer must be in writing. In deciding the price at the which the land may be sold under subsection (8) or the sale price, the chief executive must take into account— a valuation by a registered valuer; and the policies and systems relating to the management of government assets; and the existence of any easement. A person contracting or otherwise dealing with the chief executive is not concerned to inquire whether the requirements of this section have been complied with, and the title of the person to land acquired from the chief executive is not affected by a failure to comply with the requirements. In this section— former owner see the Acquisition of Land Act 1967 , section 41 (2) . registered valuer means a valuer registered under the Valuers Registration Act 1992 . s 27A ins 2010 No. 19 s 274 amd 2010 No. 39 s 325 sch 1 pt 2 sub 2011 No. 12 s 119 amd 2014 No. 43 s 112 (sec.27A-ssec.1) This section applies if— land has been acquired under this part, and is no longer required by the chief executive as the constructing authority, under the Acquisition of Land Act 1967 ; and the chief executive intends to offer the land to the former owner. (sec.27A-ssec.2) Also, this section applies despite the Acquisition of Land Act 1967 , section 41 . (sec.27A-ssec.3) The chief executive may take an easement over all or part of the land to ensure the structural and operational integrity of transport infrastructure. (sec.27A-ssec.5) The chief executive must, within 7 years after the date of acquisition, give notice of the chief executive’s intention (the chief executive’s notice ) to offer the land to the former owner. (sec.27A-ssec.6) The chief executive’s notice must— be in writing; and state that— the chief executive intends to sell the land; and if the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement. (sec.27A-ssec.7) Subsection (8) applies if the chief executive— receives, within the relevant time, the former owner’s notice stating the former owner is not interested in buying the land; or does not receive the former owner’s notice within the relevant time. (sec.27A-ssec.8) The chief executive may, for the State, dispose of the land subject to any easement in favour of the chief executive. (sec.27A-ssec.9) Subsection (10) applies if the chief executive receives, within the relevant time, the former owner’s notice stating the former owner is interested in buying the land. (sec.27A-ssec.10) The chief executive must offer (the formal offer ) the land, subject to any easement, for sale to the former owner at a price (the sale price ) decided by the chief executive. (sec.27A-ssec.11) The formal offer must be in writing. (sec.27A-ssec.12) In deciding the price at the which the land may be sold under subsection (8) or the sale price, the chief executive must take into account— a valuation by a registered valuer; and the policies and systems relating to the management of government assets; and the existence of any easement. (sec.27A-ssec.13) A person contracting or otherwise dealing with the chief executive is not concerned to inquire whether the requirements of this section have been complied with, and the title of the person to land acquired from the chief executive is not affected by a failure to comply with the requirements. (sec.27A-ssec.14) In this section— former owner see the Acquisition of Land Act 1967 , section 41 (2) . registered valuer means a valuer registered under the Valuers Registration Act 1992 . - (a) land has been acquired under this part, and is no longer required by the chief executive as the constructing authority, under the Acquisition of Land Act 1967 ; and - (b) the chief executive intends to offer the land to the former owner. - (a) be in writing; and - (b) state that— (i) the chief executive intends to sell the land; and (ii) if the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and (iii) the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and (iv) if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement. - (i) the chief executive intends to sell the land; and - (ii) if the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and - (iii) the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and - (iv) if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement. - (i) the chief executive intends to sell the land; and - (ii) if the chief executive has registered an easement—the easement has been registered and the nature and terms of the easement; and - (iii) the former owner must, within 28 days after the notice is given (the relevant time ), give written notice to the chief executive (the former owner’s notice ) about whether the former owner is interested in buying the land; and - (iv) if the chief executive does not receive the former owner’s notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement. - (a) receives, within the relevant time, the former owner’s notice stating the former owner is not interested in buying the land; or - (b) does not receive the former owner’s notice within the relevant time. - (a) a valuation by a registered valuer; and - (b) the policies and systems relating to the management of government assets; and - (c) the existence of any easement.