(b) after a development approval starts to have
effect, the local government is satisfied—
(i) the development would create
a need to construct infrastructure on land or to carry drainage over land; and
(ii) a person with the benefit of the approval has taken reasonable steps to
get the agreement of the owner of the land to actions that would facilitate
the construction or carriage, but has not been able to get the agreement; and
(iii) the action is necessary for the development.
(2) For subsection (1) (b)
, it does not matter that the person with the benefit of the approval may
derive a measurable benefit from the action.
(3) If the Governor in Council,
by order in council, approves the taking or purchasing, the local government
is taken to be a constructing authority under the Acquisition Act and may take
or purchase the land under that Act, including by taking an easement.
Note—
For the ways of taking land, see the Acquisition Act , part 2 . For
compensation for land taken under that Act, see part 4 of that Act.
(4) An
order in council made under subsection (3) is subordinate legislation.