New South Wales Consolidated Acts

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LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 36

Adverse use of acquired land

36 Adverse use of acquired land

(1) If a person is using, or proposes to use, land acquired by an authority of the State by compulsory process in a manner inconsistent with the public purpose for which the land was acquired, the Land and Environment Court may, on the application of that authority, make such order as it thinks fit to remedy or restrain that use.
(2) Without limiting the powers of the Land and Environment Court under subsection (1), an order made under that subsection may--
(a) restrain the use of any building, work or land, or
(b) require the demolition or removal of any building or work, or
(c) require the reinstatement, as far as practicable, of a building, work or land to the condition it was in immediately before the relevant use.
(3) The Land and Environment Court may, at its discretion, by interlocutory order, restrain the continuation of the relevant use of the land pending the determination of an application under subsection (1).



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