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Owners who suffer substantial impairment in rights in land may require their land to be acquired

Land Acquisition Act 1966

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—(1) The owner of any temporarily occupied land, any remaining surface land or any severed land may, by written notice given to the Collector, request the Government to acquire under this Act —(a)the temporarily occupied land, the remaining surface land or the severed land (as the case may be); and(b)any other land of the owner related to the temporarily occupied land or the remaining surface land in paragraph (a),if the owner considers that the owner suffers substantial impairment of the owner’s rights in the lands in paragraphs (a) and (b) because of —(c)the temporary possession in accordance with a direction under section 42 of the temporarily occupied land;(d)the acquisition under this Act of the airspace above or the subterranean space below the remaining surface land; or(e)the severance arising from the acquisition under this Act of any other part of the owner’s land.(2) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners.(3) Any notice under this section is irrevocable once given to the Collector.(4) For the purposes of this section and section 49A —(a)land is related to any temporarily occupied land if that land is the remainder of a parcel of land part of which is the temporarily occupied land; and(b)land is related to any remaining surface land if that land —(i)is the remainder of a parcel of land part of which is the remaining surface land; and(ii)is above or below the airspace or subterranean space acquired and the remaining surface land.(5) In this section and section 49A —“owner”, in relation to any land, means —(a)a person who has the fee simple estate in the land;(b)a person who is the grantee or lessee under a State title for the land;(c)a person who has become entitled to exercise a power of sale of the land; or(d)a person in occupation of the land under a tenancy the term of which exceeds 7 years;“parcel of land” means the whole area of land that —(a)is the subject of a separate certificate of title registered under the Land Titles Act 1993; or(b)is a lot in a lawful division of land and capable of being separately held by any owner,and where a single building is erected on 2 or more such adjoining lands or lots referred to in paragraph (a) or (b), includes the area comprised in those lands or lots, as the case may be.

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