Land Acquisition Act 1993

An authorisation given to the Minister by an order under section 7B(2) is an authorisation for the purposes of section 4(1).

Land may not be acquired pursuant to an order under section 7B(2) until a permit in connection with the proposed infrastructure has been granted in respect of that land.

If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required – section 52(1) of that Act and any provisions of the relevant planning scheme or special planning order which require the giving of notice to the owner of land in respect of which a permit is sought do not apply; and notice of the making of an application for a permit in connection with the development of the proposed infrastructure on the land to which the order relates is, at least 14 days before the making of the application, to be served by the applicant on the owner of the land in respect of which the permit is required.

A notice for the purpose of subsection (3)(b) is to contain such information as may be prescribed.

If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a planning authority which receives an application for a permit in connection with the proposed infrastructure must not accept that application unless it is satisfied that the requirements of subsections (3) and (4) have been met.

If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a request by the proponent for the amendment of a permit granted in connection with the proposed infrastructure may be made under section 56(1) of the Land Use Planning and Approvals Act 1993 without the consent of the owner of the land to which the permit relates.

If an order under section 7B(2) requires any instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or another person by a specified date with such guidelines or other information as the order may specify, the instrumentality, agency or authority to which the requirement is directed must comply with the requirement.

If an order under section 7B(2) requires the proponent identified in the order to pay to the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum to be forfeited on failure to comply with terms or conditions specified in the order, the bond or sum is forfeited to the Crown on – failure to comply with any of those terms or conditions; or failure to apply to a planning authority for a permit for each use or development specified in the order within a period of 12 months from the date of the order or such further period, expiring not more than 24 months from the date of the order, as the Minister may allow; or the lapse under section 53(5) of the Land Use Planning and Approvals Act 1993 of any permit which is granted for a use or development specified in the order.

If an order under section 7B(2) requires the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date to cover costs and expenses which may be incurred by the Crown or any person in connection with the acquisition of land pursuant to the order, the amount is a debt due to the Crown from the proponent identified in the order and may be recovered by the Crown from the proponent in any court of competent jurisdiction.