Entry into possession by acquiring authority
47 Entry into possession by acquiring authority
Where:
an interest in land is acquired by an acquiring authority by compulsory process; and
the interest entitles the authority to possession of the land;
a person occupying the land on the date of acquisition is entitled, subject to this section, to remain in occupation of the land or of such part of the land as the person specifies, by notice in writing given to the Minister, for the period of 6 months or for a longer period fixed by agreement between the Minister and the person.
If the Minister is satisfied that it is essential that the acquiring authority enter into possession of the land or part of the land urgently, the Minister may give to the occupier written notice:
stating his or her reasons for being so satisfied; and
fixing the date on which the person is to vacate the land or part of the land, as the case may be.
The person to whom the notice is given ceases to be entitled to remain in occupation of the land, or the part of the land, as the case may be, on the date fixed by the notice.
The terms and conditions (including any amount payable in respect of occupation on and after the date of acquisition) on which the person remains in occupation of the land are the terms and conditions agreed upon by the Minister and the person or, if they cannot agree, the terms and conditions as determined by the Minister and set out in a notice given to the occupier.
A notice under subsection (2) or (4) shall set out the reasons for the Minister’s decision.
Application may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (4).
Where a right conferred by subsection (1) expires, nothing in this section precludes the making of an agreement between the occupier and the acquiring authority regarding the further occupation of the land by the occupier.
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