Victorian Consolidated Legislation

Project Development and Construction Management Act 1994 - SECT 20E

Entry into possession

20E. Entry into possession



(1) The responsible Minister must diligently endeavour to obtain agreement
with the occupier of surrendered land as to the terms on which the Minister
will enter into possession of the land.

(2) Subject to this Division, if surrendered land or part of surrendered land
is used, at the surrender date, by a person as the principal place of
residence or business of that person, the responsible Minister must not enter
into possession of-

   (a)  the part of the land so used; or

   (b)  if the whole of the land is so used, that land-

before the end of 3 months after the surrender date and unless the responsible
Minister has given 7 days' notice in writing of his or her intention to enter
into possession to the person in occupation of the land.

(3) A person referred to in subsection (2) is not liable for the payment of
rent in respect of the occupation by that person of that part of the
surrendered land which is used as the principal place of residence or business
of that person during the period specified in that subsection.

(4) Subsection (2) does not apply if-

   (a)  the Governor in Council, on the recommendation of the responsible
        Minister, by order certifies that having regard to-

   (i)  the urgency of the case or any other exceptional circumstances; and

   (ii) the public interest- it is not practicable for the responsible
        Minister to delay entry into possession of the surrendered land until
        after the end of the period referred to in subsection (2); or

   (b)  the responsible Minister and the person in occupation of the
        surrendered land have entered into an agreement in relation to the
        time of entry into possession of the surrendered land by the
        responsible Minister.

(5) If, at the surrender date, surrendered land is not used by any person as
the principal place of residence or business of that person, the responsible
Minister may enter into possession of the land at any time after the surrender
date after giving 7 days' notice in writing of his or her intention to enter
into possession to the person in occupation of the land.

(6) The period of occupation of the surrendered land after the surrender date
(including the period referred to in subsection (2)) may be extended by
agreement in writing between the responsible Minister and the person in
occupation of the surrendered land.

(7) An agreement under subsection (6) must provide for the payment of rent by
the person in occupation of the relevant land to the Crown.

(8) If a person continues to occupy surrendered land after the period referred
to in subsection (2) or the surrender date (as the case may be) and an
agreement has not been entered into under subsection (6) in respect of that
occupation, that person is to be taken to be in possession of the land in
pursuance of a tenancy determinable at will by the responsible Minister and is
liable to pay to the Crown a fair market rent in respect of that continued
occupation.

(9) If a person referred to in subsection (2) ceases of the person's own
accord to occupy the surrendered land before the end of the period referred to
in that subsection, the entitlement of that person under this Division to
occupy the land without payment of rent to the Crown also ceases.

(10) An order under subsection (4)(a) must specify the date on which the
responsible Minister is to take possession.

(11) The responsible Minister must give a copy of the order under subsection
(4)(a) to the person in occupation of the land.



(12) The person whose period of occupation of the surrendered land was
abridged under subsection (4)(a) is entitled to claim compensation under
Division 2A for any loss or damage which is incurred as a direct, natural and
reasonable consequence of that abridgment and for which the person could not
otherwise make a claim under that Division.

(13) The compensation payable pursuant to subsection (12) may be paid to-

   (a)  the person who is entitled to claim the compensation; or

   (b)  the constituted attorney of that person.