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.