HEALTH SERVICES ACT 1997 - SECT 34 Powers in relation to property

HEALTH SERVICES ACT 1997 - SECT 34

34 Powers in relation to property

(cf AHS Act s 27)

(1) A local health district may do all or any of the following--

(a) acquire land (including an interest in land), for the purpose of the exercise of its functions, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 and acquire any other property (whether or not the land or other property is required for the purposes of any public hospital, health institution, health service or health support service under the control of the local health district),

(b) sell, lease, mortgage or otherwise dispose of land or any other property,

(c) dedicate land as a public road under the Roads Act 1993 .

(2) A local health district must not, without the approval of the Minister, do any of the following--

(a) acquire land by any means,

(b) dispose of land by sale, lease, mortgage or otherwise,

(c) dedicate land as a public road.

(3) A local health district may request the Minister to give approval to (and the Minister may approve) a disposition or dedication of land or a use of land, being a disposition, dedication or use--

(a) that is contrary to a provision of, or a trust arising under, the Crown grant of that land, or

(b) that, if this section had not been enacted, may make the land liable to be forfeited to the Crown.

(4) If the Minister has given an approval under this section to a disposition or dedication of land, or to a use of land, neither the disposition or dedication of the land (or its subsequent use) nor the use of the land--

(a) is to be regarded as a breach of any provision of, or any trust arising under, the Crown grant of that land, or

(b) is to make the land liable to be forfeited to the Crown.