The advance can be any amount but cannot exceed the amount offered as compensation by the Constructing Authority or the estimate of compensation as assessed by the Constructing Authority. Provision of appropriate clearances for rates, land tax or rent are prerequsites to payment. The Constructing Authority or the claimant may refer the matter to the Land Court for hearing and determination. Prior to the commencement of the acquisition process, the Constructing Authority or any persons authorised by it may enter upon any land for the purposes of inspection, valuation, survey or taking levels, carrying out soil tests and other like activities. Where practicable, seven days notice in writing can be given to the occupier of the land.
Compensation is payable for any damage caused in the exercise of such powers.
The Constructing Authority may arrange to take physical possession of the land with costs to be met by the person refusing to give up such possession. There are no statutory rights for such an objection. The provisions of the Acquisition of Land Act 1967 or wider common law do not allow for such claims. A 'Constructing Authority' is a body authorised by the provisions of the Acquisition of Land Act 1967 to acquire land for public purposes either by agreement or compulsorily. The 'gazette notice date' is the effective date of acquisition and is the date at which any compensation is to be assessed.