39AAJWhen Proclamation may issue

1. Section 26 must be read as if subsection (1) were replaced with the following subsections:

   Subsection (1C) applies if—

   the Minister or a local authority has given and served notice under section 23 (as modified by section 39AAH) of an intention to take land required for a critical infrastructure project; and

   either—

   1. section 24(2) (as modified by section 39AAI) applies; or
   2. the applicable time frame permitted for submissions and further submissions under section 25 (as modified by section 39AAI) has expired; and

   the Minister or local authority, as the case may be, is of the opinion that—

   1. the land should be taken for the critical infrastructure project; and
   2. no private injury will be done for which due compensation is not provided in this Act.

2. In forming an opinion for the purposes of subsection (1)(c),—

3. the Minister must have regard to—
   1. every submission and further submission that is made within the applicable time frame permitted under section 25 (as modified by section 39AAI) and not withdrawn; and
   2. the responses and other information provided to the Minister under that section:
4. the local authority must have regard to every submission and further submission that is made within the applicable time frame permitted under section 25 (as modified by section 39AAI) and not withdrawn.

5. In forming an opinion for the purposes of subsection (1)(c)(i),—

6. the Minister must also have regard to—
   1. the objectives of the responsible department or Crown body; and
   2. the adequacy of the consideration given to alternative sites, routes, or other methods of achieving those objectives; and
   3. whether, in the Minister’s opinion, it would be fair, sound, and reasonably necessary for achieving the objectives of the department or Crown body for the land to be taken:
7. the local authority must also have regard to—
   1. its objectives; and
   2. the adequacy of the consideration given to alternative sites, routes, or other methods of achieving those objectives; and
   3. whether, in its opinion, it would be fair, sound, and reasonably necessary for achieving its objectives for the land to be taken.

8. The land intended to be taken may be taken in the following manner:

9. subject to section 32,—
   1. a survey plan must be prepared showing accurately the position and extent of the land proposed to be taken; and
   2. the plan must be signed by the Chief Surveyor as evidence of its accuracy; and
   3. a duplicate print of the title plan must be prepared:
10. in the case of a Government work, the Minister must recommend the Governor-General to issue a Proclamation taking the land:
11. in the case of a local work,—
    1. the local authority must submit to the Governor-General a request to take the land proposed to be taken, together with the title plan unless section 32 applies:
    2. the request must be signed by the chief executive of the local authority, and need not be under seal:
    3. a statutory declaration by the chairperson, mayor, or chief executive of the local authority, in the form set out in Schedule 2, may be accepted by the Governor-General as sufficient without making further inquiry.

12. The Minister or the local authority must provide each submitter with a copy of their or its decision in relation to whether to proceed under subsection (1C).

13. For the purposes of the statutory declaration required under section 26(1C)(c)(iii) (as modified by subsection (1)), Schedule 2 must be read as if paragraph 5 were omitted.