Commonwealth Consolidated Acts

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LANDS ACQUISITION ACT 1989 - SECT 27

Reconsideration of pre-acquisition declaration

             (1)  Where the Minister receives an application for a reconsideration of a pre‑acquisition declaration, the Minister shall, having regard to the reasons specified in the application and to any other relevant matters, reconsider the decision to make the declaration and shall, by instrument in writing:

                     (a)  confirm the declaration;

                     (b)  revoke the declaration; or

                     (c)  vary the declaration.

             (2)  The Minister shall not vary the declaration in such a way that an interest in land that was not previously an interest affected (within the meaning of subsection 22(11)) by the declaration becomes an interest so affected.

             (3)  The Minister's decision shall include a statement of the reasons for the decision to confirm, revoke or vary the declaration.

             (4)  Subject to subsection (5), if the Minister does not, within the period of 28 days after receiving the application, make a decision confirming, revoking or varying the declaration, the Minister shall be regarded as having confirmed the declaration on the last day of the period.

             (5)  The person who made the application may, by writing and before the end of the period referred to in subsection (4), agree to an extension of that period.



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