LAND ADMINISTRATION ACT 1997 - SECT 186
LAND ADMINISTRATION ACT 1997 - SECT 186
186 . Entry etc. before land taken in certain circumstances
(1) If the Minister is
satisfied that —
(a) it
is necessary to use any land for a proposed public work for which the Minister
is authorised to take interests in land; and
(b)
because of the urgency of the work or the difficulty in tracing the
proprietors of the land, it is unreasonable or impractical to delay entry onto
the land until the land has been taken in accordance with this Part,
the Minister may
authorise a person —
(c) to
enter on the land; and
(d) to
do anything necessary in order to study the feasibility of the proposed public
work; and
(e) to
do anything necessary as preliminary or ancillary to the undertaking,
constructing, or providing of the public work; and
(f) to
carry out the public work,
in all respects as if
the necessary taking order had been made for the purposes of the public work.
(2) This section
applies whether or not a notice of intention has been issued in relation to
the land, and whether or not the land has been entered on under any other
section.
(3) The Minister or
person authorised must, as far as is practicable, before entering on any land
under this section —
(a) give
to the principal proprietor, the occupier, and to the holders of any native
title rights and interests, not less than 7 days notice in writing, giving a
description of the area of the land to be entered upon, a description of what
is proposed to be done, and the time that it is expected to take; and
(b)
advise the persons mentioned in paragraph (a) of the effect of this section
and the procedures under this Part and Part 10 for the taking of land, payment
of purchase money or compensation for land taken, rights of appeal or review
and rights as to the future disposition of land taken by agreement or
compulsorily taken, unless they have already been given that advice.
(4) As soon as
practicable after any land has been entered on under this section, the
Minister must determine the interests in the land which it is necessary to
take.
(5) On the making of a
determination under subsection (4), the Minister may make an appropriate
taking order in relation to the land as if section 177 had been satisfied, and
as if the determination were a notice of intention.
[Section 186 amended: No. 55 of 2004 s. 567.]