Victorian Consolidated Legislation

Project Development and Construction Management Act 1994 - SECT 20G

Proceedings where refusal to give up possession

20G. Proceedings where refusal to give up possession



(1) If the responsible Minister is entitled under this Division to enter into
possession of surrendered land and the occupier of the land or any other
person-

   (a)  refuses to give up the possession of the land; or

   (b)  hinders the responsible Minister from entering on and taking
        possession of the land-

the responsible Minister may issue his or her warrant under this section to
the sheriff.





(2) A warrant issued under this section authorises the sheriff to-

   (a)  enter onto the land specified in the warrant; and

   (b)  deliver possession of the land to the responsible Minister or the
        person appointed in the warrant to receive possession of the land; and

   (c)  use such force as is reasonably necessary to execute the warrant.

(3) On receipt of a warrant issued under this section, the sheriff must
deliver possession of the land to the responsible Minister or the person
appointed in the warrant to receive possession of the land.

(4) The costs incurred in the issuing and execution of a warrant must be paid
by the person refusing to give up possession.

(5) The amount of the costs and the amount of any rent owed by that person
must be deducted and retained by the responsible Minister from the
compensation (if any) payable under this Part to that person.

(6) If no compensation is payable to that person or if the compensation
payable is less than the amount of the costs and rent (if any) then payment of
the amount in excess of the compensation must if not paid on demand be
enforced by a warrant to seize property.

(7) On application by the responsible Minister, a magistrate must issue a
warrant for the purposes of subsection (6).

(8) In this section, sheriff means the sheriff or a deputy sheriff under the
Supreme Court Act 1986.