New South Wales Consolidated Acts

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LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 23

Owner who suffers hardship may require authority of the State to acquire land designated for acquisition

23 Owner who suffers hardship may require authority of the State to acquire land designated for acquisition

(1) The owner of land to whom this Division applies may require an authority of the State, by notice in writing given to that authority, to acquire that land under this Act if:
(a) the land is designated for acquisition by that authority for a public purpose, and
(b) the owner considers that he or she will suffer hardship if there is any delay in the acquisition of the land under this Act.
(2) The authority of the State must (subject to this Division) acquire the land within 90 days after the owner gives that authority notice under this section (or such longer period as that authority and the owner may agree on in writing).
(3) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners. It is sufficient if any one of those owners will suffer hardship.
(4) An authority of the State is not required to acquire (under this Division) more land than it requires for the public purpose for which the land was designated or more interests in the land than it requires for that purpose.
(5) A notice under this section must be in the form prescribed by the regulations or (if no such form is prescribed) in the form approved by the Minister.



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