LANDS ACQUISITION ACT 1989 - NOTES
LANDS ACQUISITION ACT 1989 - NOTES
No. 15, 1989
Compilation No. 19
Compilation date: 1 July 2016
Includes amendments up to: Act No. 145, 2015
Registered: 15 July 2016
This compilation includes commenced amendments made by Act No. 59, 2015
About this compilation
This compilation
This is a compilation of the Lands Acquisition Act 1989 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
15, 1989 | 17 Apr 1989 | 9 June 1989 (gaz 1989, No S185) |
| |
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 | 59, 1997 | 3 May 1997 | Sch 1 (items 35, 36): 1 July 1997 (s 2(2)(d)) | -- |
152, 1997 | 24 Oct 1997 | Sch 2 (items 889-893): 1 Jan 1998 (s 2(2) and gaz 1997, No GN49) | -- | |
7, 1999 | 31 Mar 1999 | Sch 3 (items 21-23): 1 Sept 1999 (s 2(2) and gaz 1999, No S395) | -- | |
92, 1999 | 16 July 1999 | Sch 3 (items 46, 47) and Sch 4 (items 67-72): 16 July 2000 (s 2(1)) | Sch 4 (item 72) and Sch. 9 (item 2) | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (item 555): 5 Dec 1999 (s 2(1), (2) and gaz 1999, No S584) | -- |
8, 2005 | 22 Feb 2005 | s 4 and Sch 1 (items 167-171, 496): 22 Feb 2005 (s 2(1) items 1, 2) | s 4 and Sch 1 (item 496) | |
38, 2005 | 1 Apr 2005 | Sch 1 (items 222, 223): 16 May 2005 (s 2(1) item 6) | -- | |
82, 2008 | 12 July 2008 | Sch 1-3: 3 Sept 2008 | Sch 2 (item 48) and Sch. 3 (item 5) | |
5, 2011 | 22 Mar 2011 | Sch 7 (items 85-88): 19 Apr 2011 (s 2(1) item 18) | -- | |
103, 2013 | 29 June 2013 | Sch 3 (items 116-119, 343): 29 June 2013 (s 2(1) item 16) | Sch 3 (item 343) | |
62, 2014 | 30 June 2014 | Sch 9 (item 206) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
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Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 7 | |
as amended by |
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|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
59, 2015 | 26 May 2015 | Sch 1 (item 143) and | Sch 1 (items 184-203) and Sch 2 (items 356-396) | |
as amended by |
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33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
60, 2015 | 26 May 2015 | Sch 8 (items 34, 35) and Sch 9: 1 July 2015 (s 2(1) items 19, 22) | Sch 9 | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 322-327): 5 Mar 2016 (s 2(1) item 2) | -- |
Statute Law Revision Act (No. 2) 2015 | span>145, 2015 | 12 Nov 2015 | Sch 3 (item 24) and Sch 4 (item 24): 10 Dec 2015 (s 2(1) item 7) | -- |
Provision affected | How affected |
Part I |
|
s 4..................... | rs No 145, 2015 |
s 5..................... | am No 82, 2008; No 59, 2015 |
Part II |
|
s 6 ..................... | am No 152, 1997; No 8, 2005; No 59, 2015 |
Part III |
|
s. 12 ................... | am. No. 59, 1997 |
Part IV |
|
s. 21.................... | am. No. 82, 2008; No. 103, 2013; No 126, 2015 |
Part V |
|
Division 2 |
|
s 28.................... | am No 60, 2015 |
s. 31.................... | am. No. 92, 1999 |
s. 32.................... | rep. No. 38, 2005 |
Division 3 |
|
s. 38.................... | am. No. 7, 1999; No. 5, 2011 |
Part VI |
|
s. 40.................... | am. No. 82, 2008 |
s. 42.................... | rs. No. 92, 1999 |
s. 51.................... | am. No. 7, 1999; No. 5, 2011 |
Part VII |
|
Division 2 |
|
s. 55.................... | am. No. 7, 1999; No. 5, 2011 |
Division 3 |
|
s. 65.................... | am. No. 7, 1999; No. 5, 2011 |
Division 4 |
|
s. 74A................... | ad. No. 82, 2008 |
Heading to s. 75............ | am. No. 82, 2008 |
am. No. 82, 2008 | |
Heading to s. 77............ | am. No. 82, 2008 |
Division 5 |
|
s. 79.................... | rs. No. 82, 2008 |
am. No. 82, 2008 | |
Division 6 |
|
s. 85.................... | am. No. 82, 2008 |
s. 87.................... | am. No. 7, 1999; No. 5, 2011 |
s. 89A................... | ad. No. 152, 1997 |
| rs. No. 8, 2005 |
| am No 62, 2014 |
Heading to s. 90............ | am. No. 152, 1997 |
| rs. No. 8, 2005 |
s. 90.................... | am. No. 152, 1997; No. 8, 2005 |
s. 91.................... | am. No. 82, 2008 |
Part VIII |
|
Division 1 |
|
am. No. 82, 2008 | |
Division 2 |
|
s. 101A.................. | ad. No. 82, 2008 |
Heading to s. 102........... | am. No. 82, 2008 |
am. No. 82, 2008 | |
Heading to s. 104........... | am. No. 82, 2008 |
Division 3 |
|
s. 105................... | rs. No. 82, 2008 |
s. 108................... | am. No. 82, 2008 |
s. 109................... | am. No. 82, 2008 |
Division 4 |
|
s. 110................... | am. No. 82, 2008 |
Heading to s. 114 ........... | am. No. 152, 1997 |
| rs. No. 8, 2005 |
s. 114 ................... | am. No. 152, 1997; No. 8, 2005 |
s. 115................... | am. No. 82, 2008 |
Part X |
|
s. 117................... | am. No. 82, 2008; No. 103, 2013; No 126, 2015 |
s. 122................... | am. No. 82, 2008 |
s. 123................... | am. No. 7, 1999; No. 5, 2011 |
s. 124................... | am. No. 92, 1999; No. 82, 2008 |
Part XII |
|
s 126................... | am No 145, 2015 |
s. 127................... | am. No. 82, 2008 |
s. 131................... | am. No. 38, 2005 |
s. 138................... | am. No. 82, 2008 |
s. 139................... | am. No. 146, 1999 |
s. 140................... | am. No. 82, 2008 |