Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Where, in relation to the proposed acquisition of an interest in land by an acquiring authority, the Executive is satisfied that—
(a) there is an urgent necessity for the acquisition and it would be contrary to the public interest for the acquisition to be delayed by the need for the making, and the possible reconsideration, of a pre-acquisition declaration; or
(b) to require the making of a pre-acquisition declaration in respect of the proposed acquisition would result in a disclosure of information that would be prejudicial to the Territory;
the Executive may certify in writing that it is so satisfied.
(2) The certificate may include such information relating to the proposed acquisition as the Executive considers appropriate.
(3) If the Executive gives a certificate, the interest may be acquired by the acquiring authority without the preparation of a pre-acquisition declaration.
(4) The Executive shall—
(a) cause a copy of the certificate to be laid before the Legislative Assembly within 5 sitting days of the Assembly after the giving of the certificate; and
(b) as soon as practicable, cause a copy of the certificate to be served on each person whom the Executive believes, after diligent inquiry, to be a person affected by the certificate.
(5) A certificate is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .
(6) The Executive may also publish a copy of the certificate in a daily newspaper.
(7) The certificate ceases to be in force if—
(a) the interest is acquired under this Act; or
(b) the certificate is revoked.
(8) For this Act, a person shall be taken to be affected by the certificate only if—
(a) the person is registered under the Land Titles Act 1925 as the owner of an interest in land to which the certificate relates (the certificate interest ); or
(b) the person is an owner of some other interest in land that, if the certificate interest were acquired by compulsory process, would be in whole or in part divested, extinguished or diminished because of section 33 (5) (b).