Australian Capital Territory Consolidated Acts

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LANDS ACQUISITION ACT 1994 - SECT 37

Entry into possession by acquiring authority

    (1)     Where—

        (a)     an interest in land is acquired by an acquiring authority by compulsory process; and

        (b)     the interest entitles the authority to possession of the land;

a person occupying the land on the date of acquisition is entitled, subject to this section, to remain in occupation of the land or of such part of the land as the person specifies, by notice in writing given to the Executive, for the period of 6 months or for a longer period fixed by agreement between the Executive and the person.

    (2)     If the Executive is satisfied that it is essential that the acquiring authority enter into possession of the land or part of the land urgently, the Executive may give to the occupier written notice—

        (a)     stating its reasons for being so satisfied; and

        (b)     fixing the date on which the person is to vacate the land or part of the land, as the case may be.

    (3)     A notice under subsection (2) must set out the reasons for the Executive's decision.

    (4)     The person to whom the notice is given ceases to be entitled to remain in occupation of the land, or the part of the land, as the case may be, on the day fixed by the notice.

    (5)     The terms (including any amount payable in relation to occupation on and after the date of acquisition) on which the person remains in occupation of the land are the terms agreed by the Executive and the person or, if they cannot agree, the terms decided by the Executive.

Note     The Executive's decision is a reviewable decision (see s 104AA), and the Executive must give a reviewable decision notice to the person (see s 104AC).



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