Claims against Crown for use of land and application of Public Works Act 1902
81 Claims against Crown for use of land and application of Public Works Act 1902
Subject to subsection (3), the Crown shall not be liable to pay compensation for, or in respect of any damage attributable to, the placing of any works or other things to which section 84(1) or (1a) applies or by virtue of the grant of the right of access deemed by section 84(2) to be vested in the Minister.
No claim lies against the Crown by reason only of any loss of enjoyment or amenity value, or by reason of any change in the aesthetic environment, alleged to be occasioned by the placing of works of the Minister on any land.
No claim lies against the Crown by reason only of the placing of any works of the Minister upon, in, over or under any land, other than a claim —
pursuant to section 62; or
under Part 10 of the Land Administration Act 1997, as read with this Act, where the Minister —
is by this or any other Act required; or
by reason of the nature of the works there placed, the nature of the locality in which the works are placed, the safeguarding of particular works, public safety, future development proposals, or otherwise, elects,
to acquire the land or an estate or interest in the land,
but this subsection does not affect any liability of the Crown where negligence is established for the purposes of section 63.
Notwithstanding the powers conferred on the Minister by Part VI, the Minister is required to acquire, where practicable by agreement but otherwise pursuant to Part 9 of the Land Administration Act 1997 as read with this Act, such land, estate, or interest as may in the opinion of the Minister be appropriate to the Minister’s needs in respect of —
major works, other than works in relation to which the Minister has decided that this subsection is not to have effect; and
such other works as may be prescribed by regulation under this Act as works to which this subsection shall apply,
and regulations made under this Act may make provision for such restriction of any use of the land thereby affected by other persons.
Where for the purposes of this Act or a relevant Act the Minister determines that any land, or any estate or interest in land, is to be acquired by the Minister otherwise than by agreement the power to do so shall be exercised under and in accordance with, and any compensation payable by the Minister in pursuance of such powers shall be assessed, determined and recovered under, Parts 9 and 10 of the Land Administration Act 1997 as read with this Act.
A claim for compensation made under this section may only be made once, and where any land, estate, or interest is acquired by the Minister no further claim in respect thereof shall lie against the Crown notwithstanding any subsequent works of the Minister affecting that land, estate or interest unless it is shown that the original claim paid did not take into account the nature of the damage subsequently occurring.
Any entry upon, or acquisition of, land authorised by or under this Act or a relevant Act and any works carried out pursuant to this Act or a relevant Act shall be deemed to be for the purposes of a public work within the meaning of the Public Works Act 1902, and the Minister shall be deemed to be a local authority within the meaning of that Act authorised to effect that acquisition or undertake that public work.
For the purposes of this Act or a relevant Act, the Minister may exercise or delegate any power that is by the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 vested in the relevant Minister and in so far as that Act applies, or those Parts apply, to or in relation to the compulsory taking of any land, or the entry on, occupation or use of any land, under this Act or a relevant Act, any reference in that Act or those Parts —
to the relevant Minister, may be read for the purposes of this Act or a relevant Act as a reference to the Minister; and
to the department of the Public Service principally assisting the relevant Minister in the administration of that Act or those Parts, may be read for the purposes of this Act or a relevant Act as a reference to the Department,
and that Act or those Parts may be construed accordingly.
Subsection (8) does not prevent the relevant Minister from exercising the relevant Minister’s powers under the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 on behalf of the Minister when requested by the Minister to do so.
[(10) deleted]
A written objection served pursuant to section 175 of the Land Administration Act 1997 in relation to any proposed taking for the purposes of the Minister may request —
that instead of the whole estate or interest in the land being acquired, such a lesser estate or interest as is sufficient for the purposes of the Minister be acquired; or
that instead of an estate or interest less than the whole being acquired, the whole estate or interest in the land be acquired,
and the Minister may vary the taking accordingly.
Where any land is compulsorily acquired under Part 9 of the Land Administration Act 1997 for the purposes of the Minister under this Act or any other Act that land shall, on the registration of the relevant taking order made under section 177 of that Act, be vested in the Minister for the purpose of the public work for which the land is acquired, by force of section 179 of that Act as read with this subsection, save that the Land Administration Minister may, by that taking order, declare that any specified estate, interest, right or privilege of any person to the use, occupation or enjoyment of the land so acquired by the Minister, or any specified part of that land, may continue for the period therein specified or until terminated by the Land Administration Minister by a subsequent order under that Act, and may provide that such continued use, occupation or enjoyment shall not be taken to be in satisfaction or part satisfaction of the compensation claimed, and effect shall be given thereto.
Where, whether by agreement or compulsory acquisition, any land (including any estate or interest in land to which section 74 applies), is vested in the Minister and the land thereby affected is taken by any other person, body or authority under or by virtue of Part 9 of the Land Administration Act 1997 then notwithstanding section 179 of that Act —
the land or the estate or interest vested in the Minister shall continue to be so vested, unless the Minister otherwise agrees; and
the Minister shall be deemed to be a person having an interest in the land, estate or interest to be taken for the purposes of section 202 of that Act.
In this section —
Land Administration Minister means the Minister administering the Land Administration Act 1997;
relevant Minister means the Minister administering the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997, as the case requires.
[Section 81 inserted: No. 25 of 1985 s. 18; amended: No. 73 of 1995 s. 36 and 42; No. 31 of 1997 s. 137(10)‑(17) and 142; No. 25 of 2005 s. 62(1) 7; No. 38 of 2007 s. 120 and 135; No. 25 of 2012 s. 109.]
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
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