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).]