LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 8 Form of notice

LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 8

    (1)     A notice of intention to acquire an interest in land must—

        (a)     be in the prescribed form; and

        (b)     contain title particulars and a description (including, if appropriate, a sketch) sufficient to identify the interest to be acquired and the location of the land; and

        (c)     give details of the purpose for which the interest is to be acquired; and

        (d)     specify the reasons why the land is thought to be suitable for that purpose; and

        (e)     state whether or not—

              (i)     the land is reserved for a public purpose under a planning instrument; or

              (ii)     any interest proposed to be acquired is an interest in land which has been prescribed under section 5(2) or which is land in a class of land prescribed under section 5(2); or

              (iii)     the land has been certified by the Governor in Council under section 5(3); and

        (f)     if appropriate, state the approximate date upon which the Authority wishes to take possession of the land; and

        (g)     request the person interested in the land to advise the Authority of—

              (i)     any other persons who, to the knowledge of that person, may have an interest in the land described in the notice; and

S. 8(1)(g)(ii) amended by No. 126/1993

s. 264(Sch. 5 item 12.2).

              (ii)     any unexpired planning permit or building permit existing in respect of the land which has not been acted upon either wholly or in part and of which that person is aware; and

              (iii)     any sales, transactions, licences or approvals relating to the land or any interest in the land which that person was proposing to make or obtain immediately prior to the date of service of the notice of intention to acquire or which any other person was so proposing to make or obtain and of which the first-mentioned person is aware; and

              (iv)     any other information which that person may have which would be relevant to the assessment of compensation in respect of the acquisition of interests in the land.

    (2)     A notice of intention to acquire must be accompanied by a statement in the prescribed form setting out the principal rights and obligations under this Act of persons interested in the land proposed to be acquired.

S. 8(3) amended by No. 18/1989

s. 13(Sch. 2 item 40(a)).

    (3)     If a notice of intention to acquire contains a description of land or an interest in land which makes reference to a document (not being a folio of the Register kept under the Transfer of Land Act 1958 or a memorial registered with the Registrar-General) the Authority must without delay—

        (a)     make a copy of that document available at its office for inspection by any person during ordinary office hours free of charge; and

S. 8(3)(b) substituted by No. 85/1998 s. 24(Sch. item 36.1).

        (b)     lodge a copy of that document with the Registrar of Titles.