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ROADS (OPENING AND CLOSING) ACT 1991 - SECT 33

ROADS (OPENING AND CLOSING) ACT 1991 - SECT 33

33—Acquisition of additional land under Land Acquisition Act

        (1)         Where a council proposes to open a road over any land pursuant to this Act, the council may, if it considers it appropriate in the circumstances and with the approval of the Minister, acquire additional land adjoining or near to the land to which the proposed road opening relates, and may do so whether or not the land is required in connection with the proposed road.

        (2)         An approval may be given by the Minister pursuant to subsection (1) subject to any conditions as to the manner in which additional land acquired pursuant to this section may be dealt with by the council that the Minister considers necessary to ensure compliance with the provisions of the Planning and Design Code under the Planning, Development and Infrastructure Act 2016 .

        (3)         The acquisition of any such additional land must be effected in accordance with the Land Acquisition Act 1969 , but subject to the following provisions:

            (a)         where a notice of intention to acquire the land is served on a person pursuant to the Land Acquisition Act 1969 before or at the same time as notice of the proposed road opening is served on the person pursuant to Division 1 of Part 3 of this Act, the person may object to the proposed acquisition in the same way as for objections to the proposed road opening, and sections 11 and 12 of the Land Acquisition Act 1969 do not apply in relation to the proposed acquisition;

            (b)         a notice of acquisition in respect of the land

                  (i)         may not be published by the council pursuant to the Land Acquisition Act 1969 before a road process order for the proposed road opening is confirmed by the Minister pursuant to this Act; but

                  (ii)         may, notwithstanding the Land Acquisition Act 1969 , be published after the expiration of 12 months from the day on which notice of intention to acquire the land was served on a person interested in the land;

            (c)         an agreement for acquisition of the land

                  (i)         if made before confirmation by the Minister of a road process order for the proposed road opening, is conditional on such confirmation; and

                  (ii)         may, notwithstanding the Land Acquisition Act 1969 , be made by the council after the expiration of 12 months from the day on which notice of intention to acquire the land was served on a person interested in the land.

        (4)         Subject to subsection (5), any additional land acquired pursuant to this section may be sold or otherwise dealt with in such manner as the council considers appropriate and the proceeds from sale of any such land may be applied in defraying expenses incurred by the council in connection with the road opening.

        (5)         Where the Minister approves the acquisition of additional land pursuant to this section subject to conditions as to the manner in which the land may be dealt with by the council, the council must comply with those conditions.