Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 172

Powers of compulsory acquisition

    (1)     The Minister or the responsible authority may compulsorily acquire—

S. 172(1)(a) amended by No. 81/2004 s. 40.

        (a)     any land which is required for the purposes of any planning scheme even if the scheme or an amendment to the scheme including the requirement has not been adopted or approved by the relevant planning authority or approved by the Minister; or

        (b)     any land which—

              (i)     is used for any purpose not in conformity with, whether or not actually prohibited by, the planning scheme; or

              (ii)     is vacant and unoccupied—

if in the opinion of the Minister or the responsible authority to achieve the proper development of any area in accordance with the planning scheme it is desirable that the use should not be continued or (as the case requires) that the land should be put to appropriate use; or

        (c)     any land in an area in respect of which a declaration under subsection (2) is in force.

    (2)     If the Governor in Council is satisfied that to enable the better use, development or planning of an area, it is desirable that the Minister or a responsible authority compulsorily acquire land in the area, the Governor in Council may, by notice published in the Government Gazette, declare the area to be an area to which subsection (1)(c) applies.

S. 172(3) amended by No. 5/1988 s. 5(c).

    (3)     The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—

        (a)     the Planning and Environment Act 1987 is the special Act; and

        (b)     the Minister or the responsible authority is the Authority.

Pt 9 Div. 1A (Headings and ss 172A–172G) inserted by No. 7/2018 s. 13.

Division 1A—Compulsory acquisition of public purpose land specified in infrastructure contributions plans

Subdivision 1—General

S. 172A inserted by No. 7/2018 s. 13.



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