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LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 24 Effect of notice of acquisition

LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 24

Effect of notice of acquisition

    (1)     Subject to this section, upon publication in the Government Gazette of a notice of acquisition

        (a)     the interest in land described in the notice vests in the Authority without transfer or conveyance freed and discharged from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates of any kind; and

        (b)     any interest that a person has in that land is divested or diminished to the extent necessary to give effect to this subsection.

    (2)     If immediately before the publication of a notice of acquisition a public statutory authority had or possessed (whether by virtue of any easement or grant or by force of any Act) any right, title, power, authority or interest to which this subsection applies, the public statutory authority continues after that publication to have and possess that same right, title, power, authority or interest unless the notice of acquisition provides specifically that the interest in land described in the notice vests in the Authority freed and discharged from that right, title, power, authority or interest.

    (3)     Subsection (2) applies to any right, title, power, authority or interest in land with respect to or in connexion with any drains, pipes, channels, wires or cables laid or erected in on or over the land or a part of the land for the purpose of drainage, sewerage, salinity mitigation, river improvement, river management, flood mitigation or flood protection or for the supply of water, gas or electricity or for telegraph or telephone or other like purpose.