STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 153AE
Final negotiations with owner of land
STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 153AE
Final negotiations with owner of land
153AE Final negotiations with owner of land
(1) After approval, under section 153AC(2) , of the project as a private
infrastructure facility, the proponent of the project must—
(a) negotiate 1
final time with the registered owner of the subject land and make the
registered owner a final unconditional offer to purchase the land; and
(b) at
the start of the negotiations, give the registered owner the
required information; and
(c) give the Coordinator-General evidence of
compliance with paragraphs (a) and (b) .
(2) The final unconditional offer
under subsection (1) (a) must—
(a) be in writing; and
(b) offer to purchase
the subject land subject only to any statutory requirements that apply to the
purchase of the land; and
(c) state the amount the proponent is offering to
pay for the subject land; and
(d) if the land required for the project is an
easement—include the terms of the easement; and
(e) include an offer to pay
any reasonable costs incurred by the registered owner in seeking a land
valuation or legal advice in respect of the offer; and
(f) state the period
(the
"offer period" ) for which the offer has effect.
(3) The offer period must be
for at least 10 business days after the day the final unconditional offer is
given to the registered owner.
(4) In this section—
"required information" means—
(a) information updating information about the
project, or the land required for the project, previously given to the
registered owner by the proponent; and
(b) information outlining any change,
or proposed change, to the project, or the land required for the project, of
which the registered owner has not previously been advised by the proponent.
