Australian Capital Territory Numbered Acts
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LANDS ACQUISITION ACT 1994 (NO 42 OF 1994)
TABLE OF PROVISIONS
Long Title
1. PART I—PRELIMINARY Short title
2. Commencement
3. Interpretation
4. Meaning of “authorised person”
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 an acquisition of an interest in land
13. PART III—ACQUISITION OF INTERESTS 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
19. Declaration that land is suitable for acquisition
20. Publication of pre-acquisition declarations
21. Acquisitions where land required urgently etc.
22. Effect of section 21 certificate on pre-acquisition declaration
23. Application for reconsideration of pre-acquisition of declaration
24. Reconsideration of pre-acquisition declaration
25. Consideration of certain instruments under subsection 24 (1) by the Legislative Assembly
26. Division 3—Miscellaneous Interpretation
27. Correction of mistakes in authorising documents
28. Consequences of variation of authorising documents
29. Notification of confirmation or revocation of authorising documents
30. Registration of authorising documents
31. Owner of interest in land required to disclose existence of authorising documents
32. PART V—ACQUISITION PROCEDURES Acquisition by agreement
33. Acquisition by compulsory process
34. When pre-acquisation declaration becomes absolute
35. Notice requiring acquisition
36. Acquisitions not affected by failure to comply with post-acquisition requirements
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
42. Entitlement to compensation
43. Mortgagees may waive rights in respect of mortgage interests
44. Division does not apply in relation to acquisition of mortgage interests
45. Amount of compensation—general principles
46. Meaning of “market value”
47. Special provision where market value determined upon basis of potential of land
48. No general market for interest acquired
49. Interest affected by planning restriction
50. Matters to be disregarded in assessing compensation
51. Acquisition of a dwelling
52. Interest subject to mortgage
53. Interpretation
54. Amount of compensation
55. Particulars of mortgages may be required
56. Claims for compensation
57. Effect of compensation claim in respect of acquisition of mortgage interest
58. Amounts paid in respect of mortgage liabilities extinguished by section 57
59. Executive either to accept claim and offer compensation or to reject claim
60. Rejection of claims—review by Administrative Appeals Tribunal
61. Consequences of not seeking review of decision to reject claim
62. Claimant may accept or reject Executive's offer of compensation
63. Executive to reconsider offer of compensation and to make final offer
64. Claimant may accept or reject Executive's final offer of compensation
65. Determination of compensation by pre-acquisition agreement
66. Determination of compensation by post-acquisition agreement
67. Determination of compensation by Administrative Appeals Tribunal
68. Persons not entitled to seek determination of compensation by more than 1 means
69. Separate rights of mortgagee and mortgagor to determination 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, compensation
74. Repayment of advances where no entitlement to compensation
75. Payment of compensation into Trust Fund
76. Interest payable on compensation—interests other than mortgage interests
77. Interest payable on compensation—mortgage interests
78. Courts to ensure just terms
79. Interpretation
80. Entitlement to compensation—exercise of powers under Part II
81. Entitlement to compensation—pre-acquisition declaration made but acquisition not proceeded with
82. Claims for compensation
83. Executive either to accept claim and offer compensation or to reject claim
84. Rejection of claims—review by Administrative Appeals Tribunal
85. Claimant may accept or reject Executive's offer of compensation
86. Executive to reconsider offer of compensation and to make final offer
87. Claimant may accept or reject Executive's final offer of compensation
88. Determination of compensation by agreement
89. Determination of compensation by Administrative Appeals Tribunal
90. Persons not entitled to seek determination of compensation by more than 1 means
91. Advance payment on account of compensation
92. Payment of compensation
93. Relationship between advances on account of, and payments of, compensation
94. Repayment of advances where no entitlement to compensation
95. Payment of compensation into Trust Fund
96. Interest payable on compensation
97. Supreme Court may approve certain acts
98. Disposals to be in accordance with Part
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. Expungement of easements
104. Mining etc. on certain land
105. PART X—MISCELLANEOUS Indexation of subsection 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 Administrative Appeals Tribunal proceedings
110. Orders to obtain possession
111. Injunctions
112. Payments to be a good discharge
113. Execution of documents for and on behalf of the Executive
114. How documents are to be given
115. Notice of signatures
116. Delegation
117. Regulations
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