Commonwealth Consolidated Acts

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LANDS ACQUISITION ACT 1989 - SECT 12

Powers in relation to land temporarily occupied

             (1)  While land is temporarily occupied under section 11, an authorised person may, in connection with the carrying out of a public purpose:

                     (a)  construct, build or place any plant, machinery, equipment or goods on the land;

                     (b)  take from, or deposit on, the land sand, clay, stone, earth, gravel, timber, wood or other materials or goods;

                     (c)  make roads, cuttings or excavations on the land;

                     (d)  erect buildings (including workshops and sheds) of a temporary character on the land; and

                     (e)  manufacture or work materials of any kind on the land.

             (2)  The power to take sand, clay, stone, earth or gravel is not exercisable in respect of a quarry, brick pit or other like place worked or used for getting materials for the purpose of sale.

             (3)  An authorised person shall not exercise powers under subsection (1) so as to:

                     (a)  close, divert or narrow, or break the surface of, a road;

                     (b)  alter the position of any water, sewerage or gas main or pipe; or

                     (c)  alter the position of any electricity cable or wire; or

                     (d)  alter the position of any line (within the meaning of the Telecommunications Act 1997 );

unless the authorised person has given reasonable notice, in writing, of his or her intention to do so to the authority responsible for the road, main, pipe, cable, wire or line.



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