Schedule -12 Modifications to process under Public Works Act 1981 to take or deal with land

In this schedule, “land” and means any estate or interest in land. 

This schedule applies if: 

• A process is being conducted under the Public Works Act 1981 to acquire land that is part of a project being dealt with using the fast-track approvals process; and
• The project has been referred to a panel; and
• A person has objected to the taking of the land to the court under section 23 of the Public Works Act 1981.

When making the enquiries required under section 24(7)(b) of the Public Works Act 1981, the court must, whether the parties agree, accept any determination of a panel about the consideration given to alternative sites, routes, or other methods of undertaking the work if: ^{8be77fa9-7ae0-44c8-9511-11fc675f0bee}  

• The requiring authority does not have an interest in the land sufficient for undertaking the work; or
• It is likely that the work will have a significant adverse effect on the environment

However, the court may still consider any material new evidence relating to such enquiries that is provided to the court. ^{428582b0-d844-4019-879f-6f670c679d7c}  

Last updated at 7:41PM on February 7, 2025