Acquisition by compulsory process
41 Acquisition by compulsory process
If, in relation to the acquisition of an interest in land by an acquiring authority:
a pre‑acquisition declaration has become absolute and is in force; or
a certificate has been given under section 24;
the Minister may, subject to section 42, declare, in writing, that the interest is acquired by the acquiring authority by compulsory process.
The declaration shall:
identify the land concerned; and
specify the public purpose for which the interest is being acquired.
A copy of the declaration shall be published in the Gazette and, if practicable, in a newspaper circulating in the district in which the land is situated.
On the publication in the Gazette of a copy of the declaration, the interest is, by force of this Act:
vested in the acquiring authority; and
freed and discharged from all other interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates.
Where, because of paragraph (4)(b), another interest in the land is, in whole or in part, divested, extinguished or diminished, that other interest shall, to that extent, be taken, for the purposes of this Act (except section 46), to have been acquired by compulsory process.
For the purposes of this Act, a person shall be taken to be affected by the declaration if:
the person is an owner of the interest identified in the declaration; or
the person is an owner of some other interest in the land that, because of paragraph (4)(b), is divested, extinguished or diminished.
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