Water Act 1989

An Authority may purchase or compulsorily acquire any land which is or may be required by the Authority for or in connection with, or as incidental to, the performance of its functions or the achievement of its objects.

The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—

the Water Act 1989 is the special Act; and

the acquiring Authority is the Authority; and

land includes—

any land that—

is actually comprised by measurement in the land described in the Crown grant of the land; and

forms part of the bed and banks of a watercourse; and

is declared to remain the property of the Crown by section 385 of the Land Act 1958; and

strata above or below the surface of land and easements and rights to use land or strata above or below the surface of land.

If an Authority acquires any right in the nature of an easement or purporting to be an easement, that right must be taken to be an easement even though there is no land vested in the Authority which is benefited or capable of being benefited by that right.

If any land to be acquired by an Authority is held by a licensee or lessee of the Crown, the Authority must notify the Department Head of its intention to acquire the land, and must include in the notice a description of the land.

If a Crown grant is issued to any person of the land out of which, in respect of which or over which any land or easement has been compulsorily acquired, the land or easement so acquired must be taken to be exempted from the grant, and remains vested in the Authority.

If any land acquired by an Authority is Crown land other than that referred to in subsection (4), the Authority must, as soon as practicable after the acquisition, notify the Department Head of the acquisition.