LANDS ACQUISITION ACT 1994
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 2 Dictionary
- 3 Notes
- 4 Meaning of authorised person
PART 2--TEMPORARY ENTRY ON, AND OCCUPATION OF, LAND
- 5 Powers additional to other powers
- 6 Notice to be given before powers exercised
- 7 Power to enter on, and examine, land
- 8 Power to occupy land temporarily
- 9 Powers in relation to land temporarily occupied
- 10 Obligations in relation to exercise of powers
- 11 Order to enforce exercise of powers
- 12 Exercise of powers not acquisition of interest in land
PART 3--ACQUISITION OF INTERESTS
- 13 Modes of acquisition
- 14 Nature of interests that may be acquired
- 15 Authorities with limited powers
- 16 Steps in acquisition by agreement
- 17 Steps in acquisition by compulsory process
- 18 Acquisitions to be in accordance with Act
PART 4--PRE-ACQUISITION PROCEDURES
Division 4.1--Pre-acquisition declarations
- 19 Declaration that land suitable for acquisition
- 20 Publication of pre-acquisition declarations
- 21 Acquisitions where land required urgently etc
- 22 Effect of s 21 certificate on pre-acquisition declaration
Division 4.2--Reconsideration of pre-acquisition declaration
- 23 Application for reconsideration of pre-acquisition of declaration
- 24 Reconsideration of pre-acquisition declaration
- 25 Notification of confirmation of pre-acquisition declaration etc
Division 4.3--Miscellaneous
PART 5--ACQUISITION PROCEDURES
- 32 Acquisition by agreement
- 33 Acquisition by compulsory process
- 34 When pre-acquisition declaration becomes absolute
- 35 Notice requiring acquisition
- 36 Acquisitions not affected by failure to comply with post-acquisition
- 37 Entry into possession by acquiring authority
- 38 Notification of compulsory acquisition declarations
- 39 Effect of acquisition of mortgage interest on rights of mortgagee
- 40 Correction of compulsory acquisition declarations
- 41 Registration of compulsory acquisition declarations
PART 6--COMPENSATION FOR COMPULSORY ACQUISITION OF INTERESTS IN LAND
Division 6.1--Entitlement to compensation
- 42 Entitlement to compensation
- 43 Mortgagees may waive rights in respect of mortgage interests
Division 6.2--Amount of compensation—interests other than mortgage interests
- 44 Division 6.2 does not apply in relation to acquisition of mortgage
- 45 Amount of compensation—general principles
- 46 Meaning of market value in div 6.2
- 47 Special provision where market value determined on basis of potential of
- 48 No general market for interest acquired
- 49 Interest affected by planning restriction
- 50 Matters to be disregarded in assessing compensation
- 51 Acquisition of dwelling
- 52 Interest subject to mortgage
Division 6.3--Amount of compensation—mortgage interests
- 53 Interpretation for div 6.3
- 54 Amount of compensation
- 55 Particulars of mortgages may be required
Division 6.4--Claims for, and offers of, compensation
- 56 Claims for compensation
- 57 Effect of compensation claim in respect of acquisition of mortgage
- 58 Amounts paid in respect of mortgage liabilities extinguished by s
- 59 Compensation for compulsory acquisition—Executive must accept or reject
- 60 Effect of ACAT decision
- 61 Consequences of not seeking ACAT review of decision to reject claim
- 61A Executive may make offer of compensation where no claim is made
- 62 Compensation for compulsory acquisition—person may accept or reject Executive's
- 63 Compensation for compulsory acquisition—Executive to reconsider offer and make final
- 64 Compensation for compulsory acquisition—person may accept or reject Executive's
Division 6.5--Determination of compensation payable
- 65 Determination of compensation by pre-acquisition agreement
- 66 Determination of compensation by post-acquisition agreement
- 68 Persons not entitled to seek determination of compensation by more than 1
- 69 Separate rights of mortgagee and mortgagor to determination of
Division 6.6--Payment of compensation
- 70 Advance payment on account of compensation
- 71 Executive may pay rates etc
- 72 Payment of compensation
- 73 Relationship between advances on account of, and payments of,
- 74 Repayment of advances where no entitlement to compensation
- 75 Payment of compensation into trust account
- 76 Interest payable on compensation—interests other than mortgage
- 77 Interest payable on compensation—mortgage interests
Division 6.7--Courts to ensure just terms
- 78 Courts to ensure just terms
PART 7--COMPENSATION FOR EXERCISE OF POWERS UNDER PART 2 AND FAILURE TO ACQUIRE
Division 7.1--Entitlement to compensation
- 79 Meaning of loss suffered in pt 7
- 80 Entitlement to compensation—exercise of powers under pt 2
- 81 Entitlement to compensation—pre-acquisition declaration made but acquisition not
Division 7.2--Claims for, and offers of, compensation
- 82 Claims for compensation
- 83 Executive must accept or reject claim
- 84 Claimant may accept or reject Executive's offer
- 85 Executive to reconsider offer and make final offer
- 86 Claimant may accept or reject Executive's final offer
Division 7.3--Determination of compensation payable
- 88 Determination of compensation by agreement
- 90 Persons not entitled to seek determination of compensation by more than 1
Division 7.4--Payment of compensation
- 91 Advance payment on account of compensation
- 92 Payment of compensation
- 93 Relationship between advances on account of, and payments of,
- 94 Repayment of advances where no entitlement to compensation
- 95 Payment of compensation into trust account
- 96 Interest payable on compensation
PART 7A--COMPENSATION FOR ACQUISITION BY UTILITIES
- 96A Application of pt 6 and pt 7 to compensation for acquisition by
PART 8--PERSONS WITH LIMITED POWERS TO DEAL WITH INTERESTS IN LAND
- 97 Supreme Court may approve certain acts
PART 9--DEALINGS IN LAND VESTED IN ACQUIRING AUTHORITIES
- 97A Meaning of acquiring authority in pt 9
- 98 Disposals to be in accordance with pt 9
- 99 Vesting of interests in Territory authorities
- 100 Disposal of interests in land
- 101 Disposal may be made subject to reservation of interest
- 102 Interest in land to be offered first to former owner
- 103 Extinguishment of easements
- 104 Mining etc on certain land
PART 9A--NOTIFICATION AND REVIEW OF DECISIONS
- 104AA Definitions—pt 9A
- 104AB Internal review notices
- 104AC Reviewable decision notices
- 104AD Applications for review
PART 10--MISCELLANEOUS
- 104A Trust account
- 105 Indexation of s 51 (2) amount
- 106 General power of Supreme Court to adjust rights
- 107 Supreme Court may order stay of proceedings under mortgage
- 108 Jurisdiction of Supreme Court
- 109 Award of costs in ACAT proceeding
- 110 Orders to obtain possession
- 111 Injunctions
- 112 Payments to be good discharge
- 113 Execution of documents for and on behalf of Executive
- 114 How documents to be given
- 116 Delegation
- 117 Determination of fees
- 118 Approved forms
- 119 Regulation-making power