Document ID: chunk:federal_register_of_legislation:C2016C00961:section:9
Version: federal_register_of_legislation:C2016C00961
Segment Type: section
Provision Reference: s 9
Character Range: 12920–14427

9  Power to occupy land
 (1) Where:
 (a) the occupier of land has consented in writing to the Executive entering upon the land and doing an act specified in subsection (2); or
 (b) a warrant granted under subsection 10(1) authorizes the Executive to enter upon land and do such an act;
the Executive may for the purposes of this Act:
 (c) enter upon and occupy the land; and
 (d) do that act on land so occupied.
 (2) The acts referred to in subsection (1) are:
 (a) to construct, build or place any plant, machinery, equipment or goods;
 (b) to take or deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things;
 (c) to make cuttings or excavations;
 (d) to erect workshops, sheds and other buildings;
 (e) to make roads; and
 (f) to manufacture and work materials of any kind.
 (3) The Executive may demolish, destroy or remove on or from land occupied in pursuance of subsection (1) any plant, machinery, equipment, goods, workshop, shed, building or road constructed, built, placed or erected on the land in pursuance of that subsection.
 (4) A person shall not, without reasonable excuse, obstruct or hinder the exercise of the powers or rights of the Executive under this section.
Penalty: 2 penalty units.
 (5) Before occupying land in pursuance of a warrant, the Executive shall, upon demand by the occupier of the land, cause the warrant to be produced to the occupier.
 (6) In this section, a reference to land includes a reference to land owned or occupied by a State.