53

53 . Protection from unjust deprivation of property. (1) Subject to Section 54 ( special provision in relation to certain lands ) and except as permitted by this section, possession may not be compulsorily taken of any property, and no interest in or right over property may be compulsorily acquired, except in accordance with an Organic Law or an Act of the Parliament , and unless— (a) the property is required for— that is so declared and so described, for the purposes of this section, in an Organic Law or an Act of the Parliament ; and This is an official copy of the Legislation of PNG (b) the necessity for the taking of possession or acquisition for th e attainment of that purpose or for that reason is such as to affor d reasonable justification for the causing of any resultant hardship t o any person affected . of any right or interest in property. (5 ) Nothing in the preceding provisions of this section prevents— (iii ) subject to Subsection (6), where the property is or may be required as evidence in proceedings or possible proceedings before a court or tribunal, in accordance with a law that is reasonably justifiable in a democratic society that has a proper regard for the rights and dignity of mankind; or (c) any taking of possession or acquisition that was an incident of the grant or acceptance of, or of any interest in or right over, that property or any other property by the holder or any of his predecessors in title; or This is an official copy of the Legislation of PNG