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LAND ADMINISTRATION ACT 1997 - SECT 176

LAND ADMINISTRATION ACT 1997 - SECT 176

176 .         Proprietor may require acquiring authority to also take small remainders of land

        (1)         Subject to this section, if it is proposed to take, under this Part, all the interests in an area of land and the result of the taking would be that —

            (a)         the land taken is excised from a portion of land (the original portion );

            (b)         the remainder is divided into non-contiguous portions, of which at least one has an area of less than 1 000 square metres (a small portion ),

                the proprietors of the fee simple, a lease of Crown land or native title rights and interests in the original portion may require the acquiring authority to take any or all of the small portions in addition to the other land taken.

        (2)         This section does not apply if the original portion —

            (a)         is situated in land referred to in clause 37 of Schedule 9.3 to the Local Government Act 1995 ; or

            (b)         is built upon; or

            (c)         has an area of 4 000 square metres or less.

        (3)         If the proprietors referred to in subsection (1) also hold the same interest in other contiguous land with which a small portion referred to in that subsection may conveniently be amalgamated, the acquiring authority may, instead of taking the small portion, cause it to be amalgamated with the contiguous land.