Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 5

Reservation or certification of land required before acquisition

5. Reservation or certification of land required before acquisition



(1) The Authority must not commence to acquire any interest in land under the
provisions of the special Act unless the land has been first reserved by or
under a planning instrument for a public purpose.

(2) Subsection (1) does not apply in respect of prescribed land or land in a
prescribed class of land.

(3) Subsection (1) does not apply in respect of land which has been certified
by the Governor in Council on the recommendation of the Minister, as land for
which reservation is unnecessary, undesirable or contrary to the public
interest.

(4) Subsection (1) does not apply to an interest in land if the Authority is
not required to serve a notice of intention to acquire that interest because
of section 7(1)(a) or (b).

(4A) Subsection (1) does not apply to any land in an area in respect of which
a declaration under section 172(2) of the Planning and Environment Act 1987 is
in force.





(4B) Subsection (1) does not apply to any land which is special project land
under section 201I(3) of the Planning and Environment Act 1987.

(5) A certification by the Governor in Council under subsection (3) lapses
after three months from the date of its making unless within this period the
Authority has served a notice of intention to acquire an interest in the land
to which the certification applies in accordance with section 6.

Division 3-Notice of intention to acquire