General powers of Commissioner
20 General powers of Commissioner
Subject to the provisions of this Act, the Commissioner in the
Commissioner's corporate name may—
subject to the approval of the Minister, acquire by agreement or compulsory process any land or interest in land for the purposes of present or future roadwork or any other purposes connected with this Act; and
Example—
The powers of acquisition might be used for any of the following purposes:
quarrying for road materials;
the erection or installation of plant or equipment for roadwork or quarrying;
the storage of plant, equipment or material used in connection with roadwork or quarrying;
the relocation of residents or businesses displaced by the exercise of any of the Commissioner's powers.
subject to the approval of the Minister, contract for the right to remove materials from any land for the purposes of this Act; and
subject to the approval of the Minister, sell, transfer, lease or otherwise deal with or dispose of any land or interest in land vested in the
Commissioner; and
subject to the approval of the Minister, acquire by purchase or hire or otherwise, goods and chattels, including stock, machinery, and road-making plant and materials of all kinds; and
subject to the approval of the Minister, establish and maintain ferry services or enter into and carry out any arrangement with any person for the operation of any ferry service and for that purpose the
Commissioner may—
make and construct a ferry across any river, creek, stream, tidal waters or strait; and
install and maintain cables, wires, chains and other appliances; and
make and construct such wharves, retaining walls, causeways, embankments, canals, landing stages and such other works as are in the
Commissioner's opinion necessary or desirable; and
make, construct or otherwise acquire any punts, barges or ferry boats; and
erect and place masts, posts and other plant or equipment for carrying on or operating a ferry; and
with the approval of the Minister, make and levy fees and charges for the carriage of persons, vehicles or cargo by any such ferry service;
and
subject to the approval of the Minister, establish and maintain, or enter into and carry out any arrangements with any person for the establishment and maintenance of a sea transport service for the purpose of carrying persons and cargo between such ports and places within the State as the Minister from time to time approves and for that purpose the Commissioner may—
build, construct or otherwise acquire ships or plant necessary or convenient for the operation of the service; and
make and construct such wharves, retaining walls, causeways, embankments, landing stages and such other works as are in the Commissioner's opinion necessary or desirable for the operation of the service; and
with the approval of the Minister, make and levy fees and charges for the carriage of persons, vehicles or cargo by any such sea transport service; and
subject to the approval of the Minister, enter into such contracts as the
Commissioner thinks proper for the supply of materials or the execution of any works required to be supplied or executed for the purpose of this Act; and
sue and be sued, and submit to arbitration, in all courts and before all
Judges, magistrates, justices, and arbitrators whomsoever, in all actions, suits, causes, disputes, and matters whatsoever; and
do and exercise all such further acts and powers as the Commissioner is by this Act authorised to do and exercise, or as may be necessary or convenient for carrying into effect any of the purposes or objects of this Act.
Nothing in paragraph (ba) of subsection (1) of this section shall be read and construed as authorising the
Commissioner to cause any obstruction of the free use of any navigable waters by any ship or vessel passing and repassing a ferry.
Despite subsection (1)(ac), the Commissioner may, without the approval of the Minister, grant a lease or licence for a term, or terms not exceeding in the aggregate, six years of or over land or property vested in the
Commissioner.
As soon as practicable after the thirtieth day of June in each year the
Minister shall cause to be laid on the table of each House of
Parliament a report setting out with reasonable particularity details of all leases and licences granted by the Commissioner pursuant to subsection (3) of this section, during the twelve months immediately preceding that thirtieth day of June.
Subject to subsection (6), the Planning,
Development and Infrastructure Act 2016 does not apply in relation to land acquired under this section.
Subsection (5) does not apply—
in the case that involves development in relation to a State heritage place in the circumstances contemplated by paragraph (e) of the definition of development under the Planning,
Development and Infrastructure Act 2016 (on the basis that the Planning,
Development and Infrastructure Act 2016 will only apply insofar as is relevant to the State heritage place);
or
in a case where land acquired under this section is to be used for the purposes of a lease or licence granted in respect of a road that vests, or land that remains vested, in the Commissioner under section 21A;
or
in a case that falls within the ambit of regulations (if any) made for the purposes of this paragraph.
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