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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  

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