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MAIN ROADS ACT 1930 - SECT 29

MAIN ROADS ACT 1930 - SECT 29

29 .         Acquiring, leasing and making agreements in relation to land

        (1A)         In this section —

        designated purpose means —

            (a)         main roads works or other works associated with the construction of infrastructure; or

            (b)         activities to provide services for vehicles or road users or in connection with road travel or transport; or

            (c)         other purposes directly or indirectly connected with the Commissioner’s functions or other public purposes.

        (1)         Without limiting section 18E, when land is required for a designated purpose the Commissioner —

            (a)         may acquire the land by negotiation or agreement; or

            (b)         may enter upon, survey and compulsorily acquire the land under the powers contained in and in accordance with the procedure prescribed by the Land Administration Act 1997 Parts 9 and 10.

        (2)         Without limiting section 18E, the Commissioner may grant to any person on such terms and conditions, approved by the Minister, as the Commissioner thinks fit —

            (a)         a lease or licence to occupy —

                  (i)         freehold land acquired by the Commissioner under this section; or

                  (ii)         any other land otherwise under the care, control and management of the Commissioner;

                and

            (b)         any interest in land referred to in paragraph (a)(i).

        (2A)         Without limiting section 18F, the acquisition of land under subsection (1)(b) for a road service centre requires the approval of the Minister.

        (3)         Where the Commissioner pursuant to subsection (2)(b), grants an interest that is an easement, unless the parties concerned otherwise agree, the easement must not be revoked without compensation.

        (4)         The Commissioner may enter into agreements relating to such other matters and things as are necessary to give effect to the powers conferred on the Commissioner by this section and for the purpose of facilitating the acquisition of, and dealing with, land under this section.

        (5)         Without limiting the generality of the powers conferred by this section, the provisions of this section relating to the acquisition of land, whether an interest is acquired separately from or together with any land, extends to the acquisition of an interest to use the subsoil or under surface of land, the surface of land or any space above the surface of land for the erection of any bridge over or under which a road is to pass and for the erection of the necessary supports therefor.

        (6)         Where —

            (a)         land that consists only of a space above the natural surface is acquired under this section; and

            (b)         a road is constructed through that space; and

            (c)         the road is declared or otherwise dedicated as a road under an Act,

                the land is not, if it is under the operation of the Transfer of Land Act 1893 at the time it is so acquired, removed from the operation of that Act, despite the provisions of this or any other Act.

        (7)         In applying the Public Works Act 1902 to this Act the terms land and interest in that Act have the same respective meanings as they respectively have in section 6 of this Act.

        [Section 29 inserted: No. 70 of 1966 s. 4; amended: No. 31 of 1997 s. 142; No. 26 of 2023 s. 37 and 44.]

[ 30.         Deleted: No. 73 of 1954 s. 5 and 8.]

        [Heading inserted: No. 19 of 2010 s. 44(2).]