Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 41

Modification of Land Acquisition and Compensation Act 1986—general

    (1)         Section 3(3) of the Land Acquisition and Compensation Act 1986 does not apply to the extent that this Division is inconsistent with that Act.

    (2)     The Project area is deemed to have been reserved under a planning instrument for a public purpose for the purposes of section 5 of the Land Acquisition and Compensation Act 1986 .

    (3)     Section 8(1) of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 34 as if for paragraph (e) there were substituted—

    "(e)     state that the land is within the Project area under the Mitcham-Frankston Project Act 2004 ;".

    (4)     Section 43 of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 34 as if after section 43(1)(b) there were inserted—

    "(ba)     Any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the Mitcham-Frankston Project Act 2004 for the purposes of the Project within the meaning of that Act.".

    (5)     Section 109 of the Land Acquisition and Compensation Act 1986 does not apply to an interest in land acquired under section 34.



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