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PLANNING AND DEVELOPMENT ACT 2005 - SECT 191

PLANNING AND DEVELOPMENT ACT 2005 - SECT 191

191 .         Compulsory acquisition of land in scheme area

        (1)         The responsible authority may, for the purpose of a planning scheme and with the consent of the Governor, take compulsorily under and subject to Part 9 of the Land Administration Act 1997 (but subject to subsection (3)), any land comprised in the scheme, and whether situate within or without the boundaries of the district of the responsible authority, as if the land were required for a public work (as defined in the Public Works Act 1902 section 2).

        (1A)         If the land to be taken under subsection (1) (the relevant land ) forms only part of a lot, the responsible authority may also take under subsection (1) the rest of the lot, or any part of the rest of the lot, for purposes related to the taking of the relevant land.

        (1B)         Subsection (1A) applies whether or not the rest of the lot, or the part of the rest of the lot, is comprised in the planning scheme and whether or not the taking of the rest of the lot, or the part of the rest of the lot, is for the purpose of the scheme.

        (2)         Land acquired under subsection (1) is to be acquired in the name and on behalf of the responsible authority.

        (3)         When any land is taken compulsorily under the powers conferred by this section the provisions of —

            (a)         sections 166 to 171 inclusive; and

            (b)         section 180,

                of the Land Administration Act 1997 do not apply to or in respect of the land or the taking or in any manner whatsoever, and that Act is to be read and construed as if the provisions were deleted.

        [Section 191 amended: No. 26 of 2020 s. 16; No. 4 of 2023 s. 145.]