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LAND ACQUISITION ACT 1993 - SECT 18 Notice of acquisition

LAND ACQUISITION ACT 1993 - SECT 18

Notice of acquisition

(1)  An acquiring authority may cause a notice of acquisition to be published in the Gazette if –
(a) a notice to treat in relation to the land, or the part of the land to be acquired, has been served on an owner of subject land; and
(b) the documents referred to in section 13 (1) have been lodged with the Recorder of Titles under that section or the notice to treat, or the relevant part of that notice, has been registered under section 13 (2) ; and
(c) the notice to treat has not been withdrawn under section 12 ; and
(d) no agreement has been made in respect of that land, or a part of the land, under section 9 .
(1A)  If a notice to treat has been served on an owner of subject land, a notice of acquisition may relate to all of the land, or a part of the land, that is within the boundaries of the subject land shown in the notice to treat.
(2)  Except as provided in subsection (2A) , a notice of acquisition is to be gazetted after the expiration of 30 days and before the expiration of 6 months–
(a) after the day on which the notice to treat was served; or
(b) where more than one notice to treat was served, after the day on which the first notice to treat was served.
(2A)  If a notice of acquisition relates to a major infrastructure project, the notice is to be gazetted after the expiration of 30 days and before the expiration of 18 months –
(a) after the day on which the notice to treat was served; or
(b) where more than one notice to treat was served, after the day on which the first notice to treat was served.
(3)  A notice of acquisition –
(a) is to be in a form approved by the Secretary; and
(b) is to specify the authorized purpose for which the land to which the notice relates is being taken; and
(c) where the acquiring authority is not the Crown, is to be signed on behalf of the authority by the clerk or the authority's legal practitioner.
(4)  An acquiring authority must cause a copy of a notice of acquisition to be laid on the table of each House of Parliament within the first 21 sitting days of the House after the notice is gazetted.
(5)  Subsection (4) does not apply to a notice of acquisition of land to which section 16 applies.
(6)  Where a notice to treat has been served on an owner or the Public Trustee pursuant to section 11 or 66 , the failure by the acquiring authority to serve a notice to treat on another owner, or any owner, of the subject land does not invalidate a notice of acquisition.