New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 35

35 Power of authority of the State to obtain possession of compulsorily acquired land

(1) If, after an authority of the State becomes entitled to vacant possession of land compulsorily acquired under this Act, any person remains in or takes up occupation of the land, that authority may direct and empower the Sheriff (or any person prescribed by the regulations) to deliver possession of the land to that authority.

(2) On receipt of any such direction, the Sheriff (or prescribed person) is required to deliver possession of the land to the authority of the State.

(3) The costs incurred by the Sheriff (or prescribed person) in delivering possession of the land may be recovered as a debt by the authority of the State from the person refusing to deliver possession. The authority of the State may deduct the amount of any such costs from any compensation payable to the person under this Act.

(4) Nothing in this section operates to limit or restrict the power of the authority of the State to enforce its right to possession of land otherwise than under this section.