(1) If, for the purposes of a concession agreement, the concessionaire considers it necessary to
(a) acquire, enter on, pass over or use any land,
(b) alter any feature of land,
(c) construct, relocate, remove or use roads on, to or from land, or
(d) place on, alter or remove from land any substance or structure,
and is unable to obtain the agreement of the owner of the land within a reasonable time and on reasonable terms, the concessionaire may refer the matter to the minister.
(2) If the minister is satisfied that the action under subsection (1) proposed by the concessionaire is reasonable and necessary for the carrying out of the concession agreement, the minister may
(a) take the proposed action, including, without limiting this, expropriate any land, or
(b) take any other action, mutually agreed between the minister and the concessionaire, that the minister has power to take under the Transportation Act.