Land Development Agency Act 2021

Acquisition order

66. (1) If no objection to the Agency’s application is lodged with the Court within the period referred to in section 65 (1), the Court shall make an order (in this Part referred to as an “acquisition order”) authorising the Agency to acquire the land concerned compulsorily in accordance with the terms of its application.

(2) If an objection to the Agency’s application is lodged with the Court within the period referred to in section 65 (1) the Court, having, if is required under section 65 , considered the objection, shall make an order referred to in subsection (1) if the Court is satisfied that—

(a) the Agency has reasonably formed the opinion referred to in section 61 (1),

(b) the condition referred to in section 61 (2) has been satisfied by the Agency,

(c) the Agency has demonstrated that the land it seeks compulsorily to acquire will be used for at least one of the purposes referred to in subsection (3) of section 61 , or in the performance of at least one of the functions referred to in that subsection, and

(d) it is just and equitable in all the circumstances to make the order.

(3) The Third Schedule (other than Article 4, paragraphs (1) to (4) of Article 5 and Article 5(5)(d)) to the Act of 1966 applies to an acquisition order, as it applies to a compulsory purchase order under that Act, subject to the following and any other necessary modifications:

(a) references to a housing authority or an authority shall be construed as references to the Agency;

(b) a reference to the Minister shall be construed as a reference to the Court in the performance of its functions under this Part.