Power to acquire land etc
9 Power to acquire land etc
The Rail Commissioner may—
subject to the approval of the Minister—acquire by agreement or compulsory process any land or interest in land for the purposes of carrying out railway operations, establishing or maintaining rail infrastructure or any other purpose connected with this Act; and
Examples—
The powers of acquisition might be used (for example) for any of the following purposes:
the erection or installation of plant or equipment for rail infrastructure or rolling stock;
the storage of plant, equipment or material used in connection with rail infrastructure or rolling stock;
the relocation of residents or businesses displaced by the exercise of any of the Rail Commissioner's powers.
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
remove or cut back any tree or other vegetation on or overhanging rail infrastructure.
The Land Acquisition Act 1969 applies in relation to the compulsory acquisition of land under subsection (1).
Subject to subsection (4), the Development Act 1993 does not apply in relation to land acquired under this Act.
Subsection (3) does not apply—
in a 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 Development Act 1993 (on the basis that the Development Act 1993 will only apply insofar as is relevant to the State heritage place); or
in a case that falls within the ambit of regulations (if any) made for the purposes of this paragraph.
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