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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.]