New South Wales Consolidated Acts

TWEED RIVER ENTRANCE SAND BYPASSING ACT 1995 - SECT 9

9 Carrying out of the works

(1) For the purposes of the Public Works Act 1912 , the works are taken to be an authorised work and the Minister is, in relation to the works, taken to be the Constructing Authority. Sections 34, 35, 36 and 37 of that Act do not apply in respect of the works.

(2) Accordingly, the Minister may acquire land under section 39 of that Act for the purposes of the works.

(3) Section 42 of the Aboriginal Land Rights Act 1983 does not apply to such an acquisition of land.

(4) Division 1 (Pre-acquisition procedures) of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 does not apply to such an acquisition of land if the Minister certifies to the Governor, when obtaining the approval of the Governor to an acquisition notice under section 19 of that Act, that it is appropriate for the purposes of the works that the Division not apply to the acquisition.

(5) Land may be acquired for the purposes of the works even if:

(a) any consent or permission required under the Crown Land Management Act 2016 has not been obtained or granted, or

(b) the Minister may not be qualified under the Crown Land Management Act 2016 to hold land of the tenure to be so acquired.