sec.28DPowers regarding property

### sec.28D Powers regarding property A local government may acquire, hold, dispose of or otherwise deal with land for— an approved tollway project under the Transport Infrastructure Act 1994 ; or a local government tollway under the Transport Infrastructure Act 1994 . Without limiting subsection (1) , a local government may— acquire land for an approved tollway project or local government tollway with the intention of disposing of it to another person to operate as a tollway; and dispose of land acquired by the local government for an approved tollway project or local government tollway to another person. The power conferred by subsection (1) includes power to acquire land by taking it under the Acquisition of Land Act 1967 if the land is, in the local government’s opinion, required for an approved tollway project or local government tollway, or for an incidental purpose. The power to acquire land under this section includes power to acquire land or an easement or other interest in land above or beneath the surface without acquiring rights in the surface. Subsection (4) 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. A local government acquiring land under this section is a constructing authority within the meaning of the Acquisition of Land Act 1967 . If an acquisition of land by a local government would sever land of the owner from other land of the owner, the local government may acquire the whole or a part of the severed area by agreement or by taking the land under the Acquisition of Land Act 1967 . Land acquired under this section may be described in the instrument acquiring the land in any way sufficient to identify the land. s 28D ins 2005 No. 67 s 42 amd 2006 No. 21 s 148 ((3) amdt given effect, minor error in location command) (sec.28D-ssec.1) A local government may acquire, hold, dispose of or otherwise deal with land for— an approved tollway project under the Transport Infrastructure Act 1994 ; or a local government tollway under the Transport Infrastructure Act 1994 . (sec.28D-ssec.2) Without limiting subsection (1) , a local government may— acquire land for an approved tollway project or local government tollway with the intention of disposing of it to another person to operate as a tollway; and dispose of land acquired by the local government for an approved tollway project or local government tollway to another person. (sec.28D-ssec.3) The power conferred by subsection (1) includes power to acquire land by taking it under the Acquisition of Land Act 1967 if the land is, in the local government’s opinion, required for an approved tollway project or local government tollway, or for an incidental purpose. (sec.28D-ssec.4) The power to acquire land under this section includes power to acquire land or an easement or other interest in land above or beneath the surface without acquiring rights in the surface. (sec.28D-ssec.5) Subsection (4) 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.28D-ssec.6) A local government acquiring land under this section is a constructing authority within the meaning of the Acquisition of Land Act 1967 . (sec.28D-ssec.7) If an acquisition of land by a local government would sever land of the owner from other land of the owner, the local government may acquire the whole or a part of the severed area by agreement or by taking the land under the Acquisition of Land Act 1967 . (sec.28D-ssec.8) Land acquired under this section may be described in the instrument acquiring the land in any way sufficient to identify the land. - (a) an approved tollway project under the Transport Infrastructure Act 1994 ; or - (b) a local government tollway under the Transport Infrastructure Act 1994 . - (a) acquire land for an approved tollway project or local government tollway with the intention of disposing of it to another person to operate as a tollway; and - (b) dispose of land acquired by the local government for an approved tollway project or local government tollway to another person. - (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.