Victorian Consolidated Legislation

Transport Act 1983 - SECT 9A

Compulsory acquisition of land

9A. Compulsory acquisition of land









(1) Subject to the approval of the Minister, the Director may on behalf of the
Crown compulsorily acquire any land which is or may be required by the
Director for or in connection with the performance of his or her functions or
the exercise of his or her powers.

(2) The Land Acquisition and Compensation Act 1986 applies to this Act and for
that purpose-

   (a)  the Transport Act 1983 is the special Act; and

   (b)  the Director is the Authority; and

   (c)  land includes strata above or below the surface of land and easements
        and rights to use land or strata above or below the surface of the
        land; and

   (d)  section 75 of the Land Acquisition and Compensation Act 1986 has
        effect as if it empowered the Authority to enter any land and section
        75(6) did not apply.

(3) In full or part settlement of any compensation that the Director is liable
to pay, the Director may on behalf of the Crown-

   (a)  transfer a building from land owned by a person entitled to the
        compensation to other land owned either by that person or by the
        Director on behalf of the Crown; or



   (b)  transfer a building from land owned by the Director on behalf of the
        Crown to other land owned either by the Director on behalf of the
        Crown or by a person entitled to the compensation.

(4) If the Director acquires any land compulsorily under this section-

   (a)  the Director may on behalf of the Crown require the owner of the land
        to take any land adjoining it that is owned by the Director on behalf
        of the Crown and is no longer required by the Director on behalf of
        the Crown; and

   (b)  the value of that adjoining land must be deducted from any sum to be
        paid by way of compensation to the owner for the compulsory
        acquisition; and

   (c)  if that value cannot be agreed between the Director on behalf of the
        Crown and the owner it must be settled in the same manner and at the
        same time as the compensation to be paid to the owner.



* * * * *