Victorian Consolidated Legislation

Eastern Freeway Lands Act 1971 - SECT 7

Authority to Board to enter upon and to acquire certain lands

7. Authority to Board to enter upon and to acquire certain lands



(1) In accordance with an agreement between the Board of Works or the Railway
Construction Board and the registered proprietors of the respective lands
referred to in the Schedule or, in respect of any of those lands in relation
to which agreement as aforesaid is not reached, with the authority of and in
accordance with any directions given by the Minister for Local Government-

   (a)  the Board of Works its servants agents and workmen and all persons
        authorized by it so far as it is necessary for and in connexion with
        the construction of the highway or the diversion of the Yarra River;
        and

   (b)  the Railway Construction Board its servants agents and workmen and all
        persons authorized by it so far as it is necessary for and in
        connexion with the construction of the railway-

may enter into and upon and use any portion of the lands referred to in the
Schedule.



(2) The Board of Works shall on completion of the highway and the diversion of
the Yarra River acquire by agreement or compulsorily in accordance with the
provisions of the Melbourne and Metropolitan Board of Works Act 1958, other
than section 232, so much of the several lands referred to in the Schedule as
is required for the highway the railway and the diversion of the river, but in
no case shall the Board of Works acquire from any of those lands more than the
maximum areas respectively specified in the Schedule in relation thereto.

(3) For the purposes of determining compensation in respect of any acquisition
of land under sub-section (2) notice to treat for the purposes of the
Valuation of Land Act 1960 shall be deemed to have been given on the date on
which entry under sub-section (1) was made into and upon the land concerned.

(4) The Board of Works may, on such terms and conditions as are agreed upon
with the Railway Construction Board, transfer to the Railway Construction
Board so much of the land acquired by it under sub-section (2) as is required
for the purposes of the railway.

__________________