(1)  The following persons may agree to the taking of land by notice of acquisition:

(a) if the land is subject to the Land Titles Act 1980 , a person who has power to sell and convey the fee simple estate in that land;

(b) if the land is not subject to the Land Titles Act 1980 –

(i) in the case of land that is not subject to a mortgage, a person who has power to sell and convey the fee simple estate in that land; or

(ii) in the case of land that is subject to a mortgage and in the possession of the mortgagor, a person who would but for that mortgage have power to sell and convey the fee simple estate in that land; or

(iii) in the case of land that is subject to a mortgage and in the possession of the mortgagee, the person who has power to sell and convey the fee simple estate in that land.

(2)  Where an agreement is made under subsection (1) , an acquiring authority may take the land, or a part of the land, by causing a notice of acquisition to be published in the Gazette notwithstanding that a notice to treat has not been served under section 11 or 66 .

(3)  An agreement made under subsection (1) binds all owners of the subject land.

(4)  The provisions of a contract which –

(a) relates to the acquisition of subject land; and

(b) contains an agreement made under subsection (1) –

are valid and effective notwithstanding section 19 and Part 3 .