PLANNING AND DEVELOPMENT ACT 2005 - SECT 195
PLANNING AND DEVELOPMENT ACT 2005 - SECT 195
195 . Commission’s powers to acquire land in improvement plan
(1) The Commission may
purchase or otherwise acquire any land included in an improvement plan in
force under section 119 by agreement with the owner of the land.
(2) In default of
agreement under subsection (1), the Commission may acquire the land
compulsorily under and subject to Part 9 of the Land Administration Act 1997
as if the land were required for a public work (as defined in the
Public Works Act 1902 section 2), subject to subsection (3).
(3) Sections 191(3)
and 192 apply with any necessary modifications to the taking of land under
subsection (2) as they apply to the taking of land under section 191.
(3A) For the purposes
of subsection (3), in section 192(1)(a), the reference to the relevant
planning scheme is to be read as a reference to the improvement plan.
(4) Nothing in this
section is to be construed as taking away or in any way derogating from or
diminishing any power otherwise conferred by this or any other Act upon the
Commission or any other authority, body or person.
[Section 195 amended: No. 28 of 2010 s. 16; No. 26
of 2020 s. 17; No. 4 of 2023 s. 146.]