TRANSPORT INTEGRATION ACT 2010 - SECT 64G Compulsory acquisition of land

TRANSPORT INTEGRATION ACT 2010 - SECT 64G

S. 64G(1) substituted by No. 49/2019 s. 18(1).

    (1)     Subject to the approval of the Minister, the Head, Transport for Victoria may compulsorily acquire any land which is or may be required by it for or in connection with the performance of its functions or the exercise of its powers.

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

        (a)     the Transport Integration Act 2010 is the special Act;

S. 64G(2)(b) amended by No. 49/2019 s. 18(2).

        (b)     the Head, Transport for Victoria is the Authority;

        (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;

        (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.

S. 64G(3) amended by No. 49/2019 s. 18(3)(a)(b).

    (3)     In full or part settlement of any compensation that the Head, Transport for Victoria is liable to pay, the Head, Transport for Victoria may—

S. 64G(3)(a) amended by No. 49/2019 s. 18(3)(c).

        (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 Head, Transport for Victoria; or

S. 64G(3)(b) amended by No. 49/2019 s. 18(3)(c).

        (b)     transfer a building from land owned by the Head, Transport for Victoria to other land owned either by the Head, Transport for Victoria or by a person entitled to the compensation.

S. 64G(4) amended by No. 49/2019 s. 18(4)(a).

    (4)     If the Head, Transport for Victoria acquires any land compulsorily under this section—

S. 64G(4)(a) amended by No. 49/2019 s. 18(4)(b)(c).

        (a)     the Head, Transport for Victoria may require the owner of the land to take any land adjoining it that is owned by the Head, Transport for Victoria and is no longer required by the Head, Transport for Victoria; 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

S. 64G(4)(c) amended by No. 49/2019 s. 18(4)(c).

        (c)     if that value cannot be agreed between the Head, Transport for Victoria 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.

S. 64H inserted by No. 3/2017 s. 3.