Commonwealth Numbered Acts

LANDS ACQUISITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1989 No. 21 OF 1989 - SECT 8

8. (1) Despite the repeal of the 1955 Act, that Act continues to apply in
relation to the acquisition of land acquired under section 10 of that Act
before 26 May 1988.

(2) Where land was acquired under section 10 of the 1955 Act on or after 26
May 1988, the 1989 Act applies as if:

   (a)  the 1989 Act had been in force when the land was acquired; and

   (b)  the land had been acquired under section 41 of that Act.

(3) Where:

   (a)  land was acquired under section 10 of the 1955 Act on or after 26 May
        1988; and

   (b)  before the 1955 Act was repealed, an amount was paid to a person as
        compensation in respect of the acquisition or on account of such
        compensation; the following provisions have effect:

   (c)  sections 88 and 89 of the 1989 Act do not apply;

   (d)  if the amount of compensation payable under the 1989 Act exceeds the
        amount already paid, that Act has effect as if the amount paid were an
        advance under section 85 of that Act;

   (e)  if the amount of compensation payable under the 1989 Act is equal to,
        or less than, the amount already paid, the person is not entitled to
        any further payment of compensation.

(4) Where:

   (a)  land was acquired under section 10 of the 1955 Act; and

   (b)  when that Act was repealed, either:

        (i)    a copy of the notice published under subsection 10 (3) of that
               Act had not been laid before both Houses of the Parliament; or

        (ii)   such a copy had been laid before both Houses of the Parliament
               but the period specified in subsection 12 (2) of the 1955 Act
               had not expired; subsections 12 (1) and (2) of the 1955 Act
               continue to apply to the acquisition of the land, even though
               the 1989 Act may also apply under subsection (2).

(5) If a notice published under subsection 10 (3) of the 1955 Act becomes void
because of subsection 12 (2) of that Act, section 96 of the 1989 Act applies
as if:

   (a)  the notice were a pre-acquisition declaration under the 1989 Act; and

   (b)  the acquisition to which the notice relates had been disallowed under
        subsection 46 (2) of the 1989 Act.

(6) Where:

   (a)  land was acquired under section 10 of the 1955 Act; and

   (b)  compensation in relation to the acquisition was deposited in the
        Treasury under section 33 of that Act; the 1989 Act has effect as if
        the compensation had been paid into the Trust Fund under section 90 of
        that Act.