LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 5 Reservation or certification of land required before acquisition
LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 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).
S. 5(4A) inserted by No. 45/1987
s. 205(Sch. item 41) (as amended by No. 5/1988 s. 9(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.
S. 5(4B) inserted by No. 103/1997
s. 6.
(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 .
S. 5(4AA) inserted by No. 6/2010 s. 204(2), renumbered as s. 5(4C) by No. 29/2011 s. 3(Sch. 1 item 49), repealed by No. 49/2019 s. 186(Sch. 4 item 23).
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S. 5(4D) inserted by No. 31/2011 s. 28.
(4D) Subsection (1) does not apply to any land that is to be acquired under a work-in-kind agreement within the meaning of Part 9B 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