Guidelines to the Standard for the Acquisition of Land Under the Public Works Act 1981

Summary

The acquisition of land by voluntary agreement is permitted outside the Public Works (PW) Act if the land required by a government agency is freely available or advertised for sale on the open market, and the purpose for which the land is to be acquired is not site specific and so the owner is under no compulsion to sell the land.

Where a government agency has separate legislative authority for the acquisition the purchase is in terms of that authority.

Whether the land is site specific is to be considered in the circumstances – the land may be on the open market but if it is required for a public work then it is captured by the PW Act.