Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 26

Entry into possession

26. Entry into possession



(1) If an interest in land is vested in the Authority pursuant to this Act,
the Authority must diligently endeavour to obtain agreement with the owner or
occupier as to the terms on which it will enter into possession of the land,
in this section referred to as the acquired land, in which that interest
subsists.





(2) Subject to this Division, if-

   (a)  an interest in land is vested in the Authority pursuant to this Act;
        and

   (b)  at the date of acquisition the acquired land or part of that land is
        used by a person as the principal place of residence or business of
        that person-

the Authority must not enter into possession of-

   (c)  the part of the acquired land so used; or

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

before the expiration of three months after the date of acquisition and unless
the Authority has given seven days' notice in writing of its intention to
enter into possession to the person in occupation of that land.

(3) A person referred to in subsection (2) is not liable for the payment of
rent in respect of the occupation by that person of that part of the acquired
land which is used as the principal place of residence or business of that
person during the period specified in that subsection.

(4) Subsection (2) does not apply if-

   (a)  the Governor in Council certifies that having regard to-

   (i)  the urgency of the case or any other exceptional circumstances; and

   (ii) the public interest- it is not practicable for the Authority to delay
        entry into possession of the acquired land until after the expiration
        of the period referred to in subsection (2); or

   (b)  the Authority and the person in occupation of the acquired land have,
        with the consent of the Minister administering the special Act,
        entered into an agreement in relation to the time of entry into
        possession of the acquired land by the Authority.

(5) If-

   (a)  an interest is vested in the Authority pursuant to this Act; and

   (b)  at the date of acquisition the acquired land is not used by any person
        as the principal place of residence or business of that person-

the Authority may enter into possession of the land at any time after the date
of acquisition after giving seven days' notice in writing of its intention to
enter into possession to the person in occupation of that land.

(6) The period of occupation of acquired land after the date of acquisition
(including the period referred to in subsection (2)) may be extended by
agreement in writing between the Authority and the person in occupation of the
acquired land.

(7) An agreement under subsection (6) must provide for the payment of rent by
the person in occupation of the acquired land to the Authority.

(8) If a person continues to occupy acquired land after the period referred to
in subsection (2) or the date of acquisition (as the case may be) and an
agreement has not been entered into under subsection (6) in respect of that
occupation, that person is to be taken to be in possession of the land in
pursuance of a tenancy determinable at will by the Authority and is liable to
pay to the Authority a fair market rent in respect of that continued
occupation.

(9) If a person referred to in subsection (2) ceases of the person's own
accord to occupy the acquired land before the expiration of the period
referred to in that subsection, the entitlement of that person under this Act
to occupy the land without payment of rent to the Authority also ceases.

(10) A certificate under subsection (4)(a) must specify the date on which the
Authority is to take possession.

(11) The Authority must serve a copy of a certificate under subsection (4)(a)
upon the person in occupation of the land.

(12) The person whose period of occupation of the acquired land was abridged
under subsection (4)(a) is entitled to claim compensation under this Act for
any loss or damage which is incurred as a direct, natural and reasonable
consequence of that abridgement and for which the person could not otherwise
make a claim under this Act.

(13) Section 49 applies to and in relation to a claim for compensation under
subsection (12) as if it were a claim for compensation under Part 5.