LANDS ACQUISITION ACT 1989
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Extension of Act to external Territories
- 4 Act binds the Crown
- 5 Operation of Territory laws
PART II--INTERPRETATION
- 6 Definitions
- 7 Meaning of authorised person
PART III--TEMPORARY--ENTRY ON, AND OCCUPATION OF, LAND
- 8 Powers additional to other powers
- 9 Notice to be given before powers exercised
- 10 Power to enter on, and examine, land
- 11 Power to occupy land temporarily
- 12 Powers in relation to land temporarily occupied
- 13 Obligations in relation to exercise of powers
- 14 Order to enforce exercise of powers
- 15 Exercise of powers not an acquisition of an interest in land
PART IV--ACQUISITION--OF INTERESTS IN LAND
- 16 Modes of acquisition
- 17 Nature of interests that may be acquired
- 18 Authorities with limited powers
- 19 Steps in acquisition by agreement
- 20 Steps in acquisition by compulsory process
- 21 Acquisitions to be in accordance with Act
PART V--PRE---ACQUISITION PROCEDURES
Division 1--Pre-acquisition declarations
- 22 Declaration that land is suitable for acquisition
- 23 Publication of pre - acquisition declarations
- 24 Acquisitions where land required urgently etc.
- 25 Effect of section 24 certificate on pre - acquisition declaration
Division 2--Reconsideration and review
- 26 Application for reconsideration of pre - acquisition declaration
- 27 Reconsideration of pre - acquisition declaration
- 28 Application for review of pre - acquisition declaration
- 29 Application of Administrative Appeals Tribunal Act to applications for review
- 30 Review of pre - acquisition declaration
- 31 Considerations to be taken into account on review
- 33 Minister to consider Administrative Appeals Tribunal's recommendations
Division 3--Miscellaneous
- 34 Interpretation
- 35 Correction of mistakes in authorising documents
- 36 Consequences of variation of authorising documents
- 37 Notification of confirmation or revocation of authorising documents
- 38 Registration of authorising documents
- 39 Owner of interest in land required to disclose existence of authorising documents
PART VI--ACQUISITION--PROCEDURES
- 40 Acquisition by agreement
- 41 Acquisition by compulsory process
- 42 Special provision regarding land in public park
- 43 When pre - acquisition declaration becomes absolute
- 44 Notice requiring acquisition
- 45 Acquisitions not affected by failure to comply with post - acquisition requirements
- 46 Disallowance of acquisition of interest in land in public park
- 47 Entry into possession by acquiring authority
- 48 Notification of compulsory acquisition declarations
- 49 Effect of acquisition of mortgage interest on rights of mortgagee
- 50 Correction of compulsory acquisition declarations
- 51 Registration of compulsory acquisition declarations
PART VII--COMPENSATION--FOR COMPULSORY ACQUISITION OF INTERESTS IN LAND
Division 1--Entitlement to compensation
- 52 Entitlement to compensation
- 53 Mortgagees may waive rights in respect of mortgage interests
Division 2--Amount of compensation-interests other than mortgage interests
- 54 Division does not apply in relation to acquisition of mortgage interests
- 55 Amount of compensation--general principles
- 56 Meaning of market value
- 57 Special provision where market value determined upon basis of potential of land
- 58 No general market for interest acquired
- 59 Interest affected by planning restriction
- 60 Matters to be disregarded in assessing compensation
- 61 Acquisition of a dwelling
- 62 Interest subject to mortgage
- 63 Crown land
Division 3--Amount of compensation-mortgage interests
- 64 Interpretation
- 65 Amount of compensation
- 66 Particulars of mortgages may be required
Division 4--Claims for, and offers of, compensation
- 67 Claims for compensation
- 68 Effect of compensation claim in respect of acquisition of mortgage interest
- 69 Amounts paid in respect of mortgage liabilities extinguished by section 68
- 70 Minister either to accept claim and offer compensation or to reject claim
- 71 Rejection of claims--review by Administrative Appeals Tribunal
- 72 Rejection of claims--declaration by Federal Court
- 73 Combination of actions under section 72 and proceedings for determination of compensation
- 74 Consequences of not seeking review of decision to reject claim
- 74A Minister may make offer of compensation where no claim is made
- 75 Person may accept or reject Minister's offer of compensation
- 76 Minister to reconsider offer of compensation and to make final offer
- 77 Person may accept or reject Minister's final offer of compensation
Division 5--Determination of compensation payable
- 78 Determination of compensation by pre - acquisition agreement
- 79 Determination of compensation by post - acquisition agreement
- 80 Determination of compensation by arbitration or by expert
- 81 Determination of compensation by Administrative Appeals Tribunal
- 82 Determination of compensation by Federal Court
- 83 Persons not entitled to seek determination of compensation by more than one means
- 84 Separate rights of mortgagee and mortgagor to determination of compensation
Division 6--Payment of compensation
- 85 Advance payment on account of compensation
- 86 Minister may pay rates etc.
- 87 Payment of compensation
- 88 Relationship between advances on account of, and payments of, compensation
- 89 Repayment of advances where no entitlement to compensation
- 89A Lands Acquisition Account
- 90 Crediting of amounts of compensation to the Account
- 91 Interest payable on compensation--interests other than mortgage interests
- 92 Interest payable on compensation--mortgage interests
Division 7--Courts to ensure just terms
- 93 Courts to ensure just terms
PART VIII--COMPENSATION--FOR EXERCISE OF POWERS UNDER PART III AND FAILURE TO ACQUIRE
Division 1--Entitlement to compensation
- 94 Interpretation
- 95 Entitlement to compensation--exercise of powers under Part III
- 96 Entitlement to compensation--pre - acquisition declaration or section 24 certificate made but acquisition not proceeded with
Division 2--Claims for, and offers of, compensation
- 97 Claims for compensation
- 98 Minister either to accept claim and offer compensation or to reject claim
- 99 Rejection of claims--review by Administrative Appeals Tribunal
- 100 Rejection of claims--declaration by Federal Court
- 101 Combination of actions under section 100 and proceedings for determination of compensation
- 101A Minister may make offer of compensation where no claim is made
- 102 Person may accept or reject Minister's offer of compensation
- 103 Minister to reconsider offer of compensation and to make final offer
- 104 Person may accept or reject Minister's final offer of compensation
Division 3--Determination of compensation payable
- 105 Determination of compensation by agreement
- 106 Determination of compensation by arbitration or by expert
- 107 Determination of compensation by Administrative Appeals Tribunal
- 108 Determination of compensation by Federal Court
- 109 Persons not entitled to seek determination of compensation by more than one means
Division 4--Payment of compensation
- 110 Advance payment on account of compensation
- 111 Payment of compensation
- 112 Relationship between advances on account of, and payments of, compensation
- 113 Repayment of advances where no entitlement to compensation
- 114 Crediting of amounts of compensation to the Account
- 115 Interest payable on compensation
PART IX--PERSONS--WITH LIMITED POWERS TO DEAL WITH INTERESTS IN LAND
- 116 Federal Court may approve certain acts
PART X--DEALINGS--IN LAND VESTED IN ACQUIRING AUTHORITIES
- 117 Disposals to be in accordance with Part
- 118 Vesting of interests in Commonwealth authorities
- 119 Disposal of interests in land
- 120 Disposal may be made subject to reservation of interest
- 121 Interest in land to be offered first to former owner
- 122 Dedication for public purpose
- 123 Expungement of easements
- 124 Mining etc. on certain land
PART XI--INTERESTS--IN OVERSEAS LAND
- 125 Minister to approve acquisition, disposal etc. of interests in overseas land
PART XII--MISCELLANEOUS
- 126 Indexation of subsection 61(2) amount
- 127 General power of Federal Court to adjust rights
- 128 Federal Court may order stay of proceedings under mortgage
- 129 Power of Federal Court to extend time limits
- 130 Jurisdiction of Federal Court
- 131 Award of costs in Administrative Appeals Tribunal proceedings
- 132 Orders to obtain possession
- 133 Injunctions
- 134 Effect of conveyance of Crown land
- 135 Payments to be a good discharge
- 136 Execution of documents for and on behalf of Commonwealth
- 137 How documents are to be given
- 138 Notice of signatures
- 139 Delegation
- 140 Regulations