Project Development and Construction Management Act 1994

For the purposes of a nominated project, the responsible Minister or a facilitating agency may—

construct, realign, relocate, open or close any road; and

carry out or operate works or facilities associated with its powers under paragraph (a).

Before making a decision to close, realign or relocate a road, the responsible Minister or facilitating agency must ensure that provision is made with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully on over under or across the road or part of the road.

If the responsible Minister or a facilitating agency makes a decision to close, realign or relocate a road, the responsible Minister or facilitating agency must make provision for the payment of compensation to—

any person in whom the land comprised in the road or part of the road is vested; and

any owner of property which in the opinion of the responsible Minister or the facilitating agency, as the case requires, is likely to be substantially affected by that closure, realignment or relocation.

The responsible Minister may certify that, having regard to the extent to which any person referred to in subsection (3)(a) or (b) is or is likely to be affected by the closure, realignment or relocation of a road, the compensation payable to that person under subsection (3) should not exceed the amount stated in the certificate (not being more than $400).

If the responsible Minister so certifies under subsection (4), the amount stated in the certificate in respect of that person shall be the full amount payable to him or her under subsection (3) by the responsible Minister or the facilitating agency, as the case requires, by way of compensation.

If the responsible Minister is satisfied that a person who might be entitled to compensation under subsection (3) cannot be found, the Minister may direct that no provision, or such provision as the responsible Minister specifies, shall be made for payment of compensation to that person.

If subsection (5) or (6) does not apply, the compensation payable to a person under subsection (3) shall be—

the amount agreed between the responsible Minister or the facilitating agency, as the case requires, and the person; or

if agreement is not reached, the amount determined as if the amount of compensation payable were a disputed claim under Part 10 of the Land Acquisition and Compensation Act 1976.

The Governor in Council may by order published in the Government Gazette provide for—

any vesting or divesting of lands;

any amendments to any land descriptions in any Act or subordinate instrument—