Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 28

Proceedings where refusal to deliver possession

28. Proceedings where refusal to deliver possession



(1) If, in any case in which under this Act or the special Act the Authority
is authorized to enter into possession of any land, the owner or occupier of
the land or any other person-

   (a)  refuses to give up the possession of the land; or



   (b)  hinders the Authority from entering upon and taking possession of the
        land-

the Authority may issue its warrant under this section to the sheriff.

(2) A warrant issued under this section authorizes the sheriff to-

   (a)  enter onto the land specified in the warrant; and

   (b)  deliver possession of the land to the Authority or the person
        appointed in the warrant to receive possession of the land; and

   (c)  use such force as is reasonably necessary to execute the warrant.

(3) Upon receipt of a warrant issued under this section, the sheriff must
deliver possession of the land to the Authority or the person appointed in the
warrant to receive possession of the land.

(4) The costs incurred in the issuing and execution of a warrant must be paid
by the person refusing to give up possession.

(5) The amount of the costs and the amount of any rent owed by that person
must be deducted and retained by the Authority from the compensation (if any)
payable under this Act to that person.

(6) If no compensation is payable to that person or if the compensation
payable is less than the amount of the costs and rent (if any) then payment of
the amount or the amount in excess of the compensation must if not paid on
demand be enforced by a warrant to seize property.

(7) Upon application by the Authority, a magistrate must issue a warrant for
the purposes of subsection (6).

(8) In this section, sheriff means the sheriff or a deputy sheriff under the
Supreme Court Act 1958.