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MAJOR INFRASTRUCTURE DEVELOPMENT APPROVALS ACT 1999 (NO. 108 OF 1999) - SECT 14

Corridors
(1)  If an order under section 7(2) defines the major infrastructure project by reference to a corridor between two places, the proponent must lodge a plan of the proposed corridor with the Minister as soon as practicable after the order has taken effect.
(2)  A plan for the purposes of subsection (1) is to identify the boundaries of the proposed corridor with sufficient accuracy to enable an owner of land to determine whether or not that land is affected by the corridor.
(3)  The Minister must cause notice of the proposed corridor to be served on –
(a) the Commission; and
(b) each planning authority on which obligations are imposed by the order under section 7(2) or which is otherwise affected by the proposed corridor; and
(c) each owner of land within the proposed corridor.
(4)  The Commission must, in the performance of its functions and exercise of its powers, have regard to any notice which is served on it under subsection (3) .
(5)  A planning authority must, in the performance of its functions and exercise of its powers, have regard to any notice which is served on it under subsection (3) .
(6)  Notice to an owner of land for the purpose of subsection (3) is to –
(a) be served no later than the time at which notice of the making of an application for a permit in respect of that land is served under section 11(2)(b) ; and
(b) contain such information as may be prescribed; and
(c) be accompanied by a copy of that part of the plan lodged with the Minister under subsection (1) which relates to the owner's land.
(7)  An application for a permit in relation to a use or development which is comprised in a major infrastructure project may seek permission for the use or development to occur anywhere within a notified corridor.
(8)  If an application is made in accordance with subsection (7) , the planning authority may grant a permit to proceed with a use or development anywhere within a corridor described in the permit.
(9)  A corridor described in a permit for the purpose of subsection (8) is to be wholly within the notified corridor.
(10)  The description of a corridor for the purposes of subsection (8) is to be by a plan which identifies the boundaries of the proposed corridor with sufficient accuracy to enable an owner of land to determine whether or not that land is affected by the corridor.
(11)  If the corridor described by a planning authority in a permit granted under subsection (8) differs from the notified corridor, the planning authority must, within 7 days of the granting of the permit, provide the Minister with a copy of the permit.
(12)  If land within a notified corridor is injuriously affected by –
(a) the proposal for the corridor; or
(b) the grant of a permit to proceed with a use or development within the corridor –
the owner of the land or its purchaser, in the case of land being purchased under a Crown lands contract, is entitled to compensation from the initial proponent for the injurious affection to that land and to other land belonging to that person.
(13)  An owner of land is not entitled to compensation under subsection (12)(a) for any injurious affection which occurs before notice of the proposed corridor is served on that owner under this section.
(14)  A claim by an owner of land for compensation under subsection (12) must be made within a period of 12 months of, as the case may be –
(a) the service of notice of the proposed corridor on the owner; or
(b) the grant of the permit.
(15)  If not agreed on, a claim for compensation under subsection (12) is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 as if the initial proponent were an acquiring authority within the meaning of that Act.
(16)  No permanent improvement may be made, or may be authorised by a planning authority to be made, on land within a notified corridor without the written consent of the Minister unless –
(a) written notice has been given to the owner of the land by the Minister or by the initial proponent that the land is not required for the purposes of the major infrastructure project; or
(b) the Minister has authorised the improvement of the land on such conditions as the Minister considers proper to ensure that –
(i) compensation for the acquisition of the land or of the purchaser's estate and interest in the land, in the case of land being purchased under a Crown lands contract, will not by reason of that improvement be increased; and
(ii) the implementation of the major infrastructure project will not by reason of that improvement be made more difficult; or
(c) a permit which describes a corridor has been granted in accordance with subsection (8) and the improvement is outside that corridor; or
(d) the order under section 7(2) which gave rise to the notified corridor has been revoked; or
(e) the improvement arises in connection with a use or development comprised in the major infrastructure project.
(17)  Compensation is not payable under this section in respect of injurious affection for which compensation is paid under the Land Acquisition Act 1993 .
(18)  In this section,
initial proponent means the proponent who was identified in the order made under section 7(2) .



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