Tasmanian Consolidated Acts

LAND ACQUISITION ACT 1993 - SECT 55

      (1) In this section –

"authorization" means an authorization given under subsection (2);

"prescribed persons" means –

(a) the occupier, if any, of the land that a person is authorized to enter; and

(b) the owner in fee simple of that land; and

(c) if that land is not subject to the Land Titles Act 1980 but is subject to a mortgage, the mortgagor;

"required land" means land –

(a) in respect of which an acquiring authority has served a notice to treat; and

(b) which the authority has not yet acquired.

      (2) An acquiring authority may authorize, in writing, a person to enter on required land where the authority determines that it or, in the case of a major infrastructure project, the proponent of that project urgently needs possession of the land in relation to the authorized purpose for which the required land is proposed to be acquired or any purpose incidental to the authorized purpose.

      (3) An acquiring authority, other than the Crown, must not give an authorization unless it has first obtained the consent to the giving of the authorization of –

(a) in the case of a public authority established or constituted by or under an Act, the Minister administering that Act; or

(b) in the case of a public authority established or constituted by or under the Royal Prerogative, the Minister administering that authority; or

(c) in the case of a local authority –

(i) created or continued under the Local Government Act 1993, the Minister administering that Act; or

(ii) the incorporation of which is created or continued under any other Act, the Minister administering that other Act; or

(d) in the case of a promoter authorized to acquire land by a special Act, the Minister administering that Act.

      (4) An acquiring authority must notify the prescribed persons of the giving of that authorization.

      (5) After the expiration of a period of 24 hours commencing on the receipt of a notice referred to in subsection (4) by the occupier, if any, or the first of the other prescribed persons to be so notified, a person so authorized to enter on that land may enter and remain on the land and use the land in relation to the authorized purpose for which the land is proposed to be acquired or any purpose incidental to the authorized purpose.

      (6) A person authorized under subsection (2) must not enter on land before the expiration of the period specified in subsection (5).

Penalty:

Fine not exceeding 10 penalty units.