Land Acquisition Act applies where road opened
31 Land Acquisition Act applies where road opened
Where a road is opened pursuant to this Act over land not owned by the council—
the council must—
serve notice in writing of the road process order on each person who had an interest in the land immediately before it vested in the council by virtue of the road opening; and
append to the notice an offer in writing stating the total amount of compensation that the council proposes to pay to the person and dividing that amount, so far as is practicable, into its separable components;
and
compensation is payable by the council in respect of the land and the provisions of the Land Acquisition
Act 1969 apply in relation to the road opening as if—
the road opening were an acquisition of the land and the council were an Authority under that Act; and
the notice of the road process order and its confirmation by the
Minister published in the Gazette pursuant to this Act were a notice of acquisition in respect of the land published pursuant to that Act;
and
the notice and offer of compensation served pursuant to paragraph (a) were a copy of a notice of acquisition and offer served on a claimant for compensation pursuant to that
Act.
Subsection (1) does not apply in relation to land over which a road is opened if—
a power of making roads was reserved in the original grant, Crown lease or agreement to purchase in respect of the land or, in the case of land dedicated under the Crown Lands Act 1929, in the notice or other instrument by which the land was so dedicated;
or
the land is specified in the road process order as land that is, in accordance with an agreement for exchange, taken for a road in exchange for land subject to a road closure.
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