Victorian Current Acts Victorian Current ActsS. 36(1) amended by No. 49/2019 s. 8.
(1) Subject to the approval of the Minister, the Secretary may on behalf of the Crown compulsorily acquire any land which is or may be required by the Secretary for or in connection with the performance of the functions of the Secretary under this Act.
(2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—
(a) the Transport Integration Act 2010 is the special Act;
(b) the Secretary is the Authority;
(c) "land" includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land;
(d) section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply.
(3) In full or part settlement of any compensation that the Secretary is liable to pay, the Secretary may on behalf of the Crown—
(a) transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Secretary on behalf of the Crown; or
(b) transfer a building from land owned by the Secretary on behalf of the Crown to other land owned either by the Secretary on behalf of the Crown or by a person entitled to the compensation.
(4) If the Secretary acquires any land compulsorily under this section—
(a) the Secretary may on behalf of the Crown require the owner of the land to take any land adjoining it that is owned by the Secretary on behalf of the Crown and is no longer required by the Secretary on behalf of the Crown; and
(b) the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and
(c) if that value cannot be agreed between the Secretary on behalf of the Crown and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner.