Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 7

Cases where notice of intention to acquire not required

7. Cases where notice of intention to acquire not required



(1) The Authority is not required to serve a notice of intention to acquire
under section 6 if-

   (a)  the interest or the land in which the interest subsists has been
        publicly advertised for sale and the Authority believes in good faith
        that the interest is still available for sale at the time the
        Authority proposes to acquire the interest; or

   (b)  the Authority serves on the person interested in the land-

   (i)  a statement in writing that it does not intend to acquire the interest
        by compulsory process; and

   (ii) a statement in the prescribed form setting out the principal rights
        and obligations of that person under this Act; or

   (c)  the Minister certifies that to require the service of a notice of
        intention to acquire would be unnecessary, undesirable or contrary to
        the public interest.

(2) Subject to subsection (3), if the Authority has served a statement under
subsection (1)(b)(i) in respect of any land the Authority is prohibited from
acquiring an interest in that land by compulsory process until the expiration
of twelve months after the day on which the statement was served.

(3) The Minister may, by notice in writing given under the hand of the
Minister, revoke any statement made under subsection (1)(b)(i) if-



   (a)  the Minister has consulted with the Minister administering the special
        Act; and

   (b)  in the view of both Ministers it is in the public interest that the
        statement be revoked.

(4) The Minister must cause a copy of a certificate under subsection (1)(c) to
be tabled in the Legislative Assembly and the Legislative Council within three
sitting days after the certificate is signed by the Minister.

(5) If the Authority acquires or intends to acquire an interest in land which
is the subject of a certificate under subsection (1)(c) the Authority must, no
later than the date of service of the notice of acquisition in respect of that
interest or the date on which an agreement to acquire the interest is made (as
the case may be), serve a copy of the certificate upon each person who has an
interest in the land, or such of those persons as, after diligent inquiry,
become known to the Authority.

(6) If the Authority has commenced negotiations to acquire an interest in
land, the person interested in the land may by notice in the prescribed form
require the Authority to determine-

   (a)  to serve a notice of intention to acquire the interest; or

   (b)  to serve statements under subsection (1)(b) in relation to the
        interest.

(7) Subject to section 106(1), the Authority-

   (a)  must make its determination within 60 days after service of the notice
        of the interested person under subsection (6); and

   (b)  is bound by its determination.