Commonwealth Numbered Acts

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LANDS ACQUISITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1989 No. 21 OF 1989 - SECT 11

Person in possession of acquired land
11. (1) This section applies where:

   (a)  immediately before the commencement of the 1989 Act, a person was in
        possession of land under an agreement made with the Minister under
        section 56 of the 1955 Act; and

   (b)  the land had been acquired under section 10 of the 1955 Act on or
        after 26 May 1988.

(2) Where this section applies, the following provisions have effect for the
purpose of section 8 of this Act:

   (a)  if the agreement does not fix a definite period of possession, the
        person shall be regarded as having given the Minister notice under
        subsection 47 (1) of the 1989 Act specifying a period ending 6 months
        after the date of commencement of the 1989 Act;

   (b)  if a period of possession is fixed by the agreement and the period is
        6 months or less, the person shall be regarded as having given the
        Minister notice under subsection 47 (1) of the 1989 Act specifying
        that period;

   (c)  if a period of possession is fixed by the agreement and the period is
        longer than 6 months, the period shall be regarded as having been
        fixed by agreement between the Minister and the person for the purpose
        of subsection 47 (1) of the 1989 Act;

   (d)  the terms and conditions of the agreement under section 56 of the 1955
        Act shall be regarded as having been agreed upon by the Minister and
        the person for the purpose of subsection 47 (4) of the 1989 Act. 


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