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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  

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