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Section 74: Public Works on Your Land - Rights and Compensation

74.Execution of public works

(1)Where it is necessary to execute public works on any land, an authorised undertaker shall enter into mutual agreement with the occupier or owner of the land in accordance with this Act; and where no agreement is reached, the Minister may, compulsorily acquire land in accordance with section 43.

(2)Where under subsection (1), an authorised undertaker executes public works upon or takes stone, murram or similar material from the land, the authorised undertaker shall have over the land such rights of access and other rights as may be reasonably necessary for the execution, construction and maintenance of the works or, as the case may be, the taking of the material; and the land shall be deemed to be subject to those rights whether or not they have been registered under the Registration of Titles Act.

(3)An authorised undertaker executing public works on land under this section shall promptly pay compensation to any person having an interest in the land for any damage caused to crops or buildings and for the land and materials taken or used for the works.

(4)A dispute as to compensation payable under subsection (3) shall be referred to a district land tribunal.

Plain English Summary

If the government or an authorised company needs to build public works on your land like roads or pipelines, they must first try to reach a mutual agr...

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