Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 75

Temporary occupation

75. Temporary occupation



(1) The Authority, or any person authorized in writing to that effect by the
Authority, may enter upon any land to which this section applies and occupy
the land so long as is necessary for the purposes of the special Act.

(2) The Authority or any person authorized by the Authority may for the
purposes of the special Act-

   (a)  dig and take from the land occupied pursuant to subsection (1) any
        clay, stone, gravel, earth or other substance; or

   (b)  deposit any material on that land; or

   (c)  make cuttings or excavations on that land; or

   (d)  take timber from that land; or

   (e)  make and use roads on that land; or

   (f)  manufacture on that land any materials required; or

   (g)  erect workshops, sheds and buildings of a temporary character on that
        land.

(3) The Authority must, at least seven days before it enters upon any land to
which this section applies, serve upon-

   (a)  the occupier of the land, and if the occupier is not the owner, upon
        the owner of the land; and





   (b)  the Soil Conservation Authority-

notice in writing of its intention to exercise its powers under that
subsection.

(4) A notice under subsection (3) must-

   (a)  indicate in general terms the approximate position and nature of the
        land in question; and

   (b)  indicate the extent to which the powers under subsection (2) are
        proposed to be exercised; and

   (c)  include the name and place of business of any person authorized by the
        Authority to exercise the power on its behalf; and

   (d)  contain a statement in the prescribed form setting out the principal
        rights and obligations of the occupier and owner (as the case may be)
        under this Act.

(5) Subject to section 106(1), the Authority within seven days after the
expiration of each calendar month must cause to be given to the owner and
occupier of the land notice in writing setting out the nature and quantity of
any substance or timber taken from the land during that calendar month.

(6) This section applies to land which is not used primarily for residential
purposes.