Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 71

Time for entry into possession-residence or business

71. Time for entry into possession-residence or business



(1) Subject to this Division, if project land or part of project land is used,
at the reservation date, by a person as the principal place of residence or
business of that person, the Authority must not enter into possession of-

   (a)  the part of the land so used; or

   (b)  if the whole of the land is so used, that land-

before the end of 3 months after the reservation and unless the Authority has
given 7 days' notice in writing of its intention to enter into possession to
the occupier of the land.



(2) The occupier is not liable for the payment of rent in respect of the
occupation of that part of the project land that is used as the principal
place of residence or business of the occupier during the 3 month period
referred to in subsection (1).

(3) If the occupier ceases of the occupier's own accord to occupy the project
land before the end of the 3 month period referred to in subsection (1), the
entitlement of that person under this Division to occupy the land without
payment of rent to the Authority also ceases.

(4) If the occupier was in occupation of the land immediately before the
reservation date-

   (a)  in accordance with section 26(2) of the
        Land Acquisition and Compensation Act 1986 or an agreement under
        section 26(6) of that Act; or

   (b)  in accordance with section 20E(2) of the
        Project Development and Construction Management Act 1994 or an
        agreement under section 20E(6) of that Act-

this Division applies as if the 3 month period referred to in subsection (1)
were the remainder of the period of occupation permitted under the relevant
provision or agreement specified in paragraph (a) or (b) of this subsection.

(5) If the occupier was in occupation of the land before the reservation date-

   (a)  in accordance with section 26(2) of the
        Land Acquisition and Compensation Act 1986 or an agreement under
        section 26(6) of that Act; or





   (b)  in accordance with section 20E(2) of the
        Project Development and Construction Management Act 1994 or an
        agreement under section 20E(6) of that Act-

and the period of occupation permitted under the relevant provision or
agreement specified in paragraph (a) or (b) had ended before the reservation
date, the Authority may enter into possession of the land at any time after
the reservation date after giving 7 days' notice in writing of its intention
to enter into possession to the occupier of the land.