Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section –
"adjacent land" means land which is within a distance of 200 metres from the nearest boundary of required land or land acquired under this Act, but does not include –(a) any garden, orchard or plantation attached or belonging to a house or any park, planted walk, avenue or ground ornamentally planted; or
(b) land that is less than 200 metres from an occupied dwelling-house situated on land other than the required land or land so acquired;
"prescribed persons" means –(a) the occupier, if any, of adjacent land that a person is authorized to enter under subsection (2)(a) or (b); and
(b) the owner in fee simple of that adjacent land; and
(c) if that adjacent land is not subject to the Land Titles Act 1980 but is subject to a mortgage, the mortgagor;
"required land" means –(a) land –
(i) in respect of which an acquiring authority has served a notice to treat; and
(ii) which the authority has not yet acquired; or
(b) land in respect of which an authorisation has been given under section 54A(2).
(2) An acquiring authority may authorize, in writing, a person to enter on adjacent land where –
(a) the authority determines that it or, in the case of a major infrastructure project, the proponent of that project urgently needs possession of required 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; or
(b) the authority has acquired land.
(3) An acquiring authority, other than the Crown, must not give an authorization under subsection (2)(a) 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 –
(a) the giving of the authorization under subsection (2)(a); and
(b) the period, as estimated by the acquiring authority, during which the person so authorized will occupy the adjacent land.
(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 required land is proposed to be acquired or any purpose incidental to the authorized purpose.
(6) A person authorized under subsection (2)(a) must not enter on land before the expiration of the period specified in subsection (5).
Penalty:
Fine not exceeding 10 penalty units.
(7) An acquiring authority must notify the prescribed persons of –
(a) the giving of the authorization under subsection (2)(b); and
(b) the period, as estimated by the acquiring authority, during which the person so authorized will occupy the adjacent land.
(8) After the expiration of a period of 4 days commencing on the receipt of a notice referred to in subsection (7) by the last of the 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 other land has been acquired or any purpose incidental to the authorized purpose.
(9) A person authorized under subsection (2)(b) must not enter on land before the expiration of the period specified in subsection (8).
Penalty:
Fine not exceeding 10 penalty units.
(10) A person authorized to enter on adjacent land under subsection (2)(a) or (b) may –
(a) enter on the adjacent land; and
(b) occupy the adjacent land for as long as is necessary for the purposes of any works connected with the carrying out of the authorized purpose for which the acquiring authority is acquiring required land or has acquired land; and
(c) in connection with the carrying out of such an authorized purpose –
(i) construct or place any plant, machinery, equipment or goods on the adjacent land; and
(ii) take from, or deposit on, the adjacent land sand, clay, stone, earth, gravel, timber, wood or other materials or goods; and
(iii) make roads, cuttings or excavations on or in the adjacent land; and
(iv) erect workshops, sheds and other buildings of a temporary character on the adjacent land; and
(v) manufacture and work materials of any kind required for carrying out that purpose on the adjacent land; and
(d) demolish, destroy or remove any plant, machinery, equipment, goods or buildings constructed, placed or erected on the adjacent land under paragraph (c).
(11) A person authorized to enter on adjacent land under subsection (2)(a) or (b) must not exercise the power specified in subsection (10)(c)(ii) in respect of any stone or slate quarry, brickfield or other place commonly worked or used for getting materials for the purpose of sale or disposal.
Penalty:
Fine not exceeding 50 penalty units.
(12) On the gazettal of a notice of acquisition in relation to required land or, if such a notice of acquisition is gazetted and the acquiring authority is a promoter who has not complied with section 17, on the deposit of the amount of money specified by the Valuer-General under that section with the Treasurer, an authorization which was given under subsection (2)(a) and was still in effect immediately before that gazettal or that deposit continues in force and is to be treated as if –
(a) it had been given under subsection (2)(b); and
(b) the acquiring authority had given notice under subsection (7); and
(c) the acquiring authority had entered, remained on or used the land in accordance with subsection (8).