Commonwealth Numbered Acts

LANDS ACQUISITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1989 No. 21 OF 1989 - SCHEDULE 2

SCHEDULE 2
Section 4
AMENDMENTS OF OTHER ACTS
Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities
Self-management) Act 1978 Subsection 15 (1):
After "any" insert "interest in". Subsections 15 (2) and (3):
Omit the subsections, substitute the following subsection:

"(2) In this section, 'interest', in relation to land, has the same meaning as
in the Lands Acquisition Act 1989.".
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 Section 38:
Add at the end the following subsection:

"(6) The Lands Acquisition Act 1989 does not apply to the grant of a lease
under this section.".
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 Section 11:
Omit "Part IV of the Lands Acquisition Act 1955", substitute "In spite of the
repeal of the Lands Acquisition Act 1955, Part IV of that Act". Section 12:
Omit "Sections 13, 55, 58, 59 and 62, of the Lands Acquisition Act 1955",
substitute "In spite of the repeal of the Lands Acquisition Act 1955, sections
13, 55, 58, 59 and 62 of that Act". Section 30:
Add at the end the following subsection:

"(3) Regulations made for the purposes of section 124 of the Lands Acquisition
Act 1989 do not apply to the relevant land.".
Aboriginal Land Rights (Northern Territory) Act 1976 Subsection 3 (1)
(paragraph (a) of the definition of "Crown Land"):
Omit "the Lands Acquisition Act 1955 or under any other Act", substitute "an
Act". Subsection 3 (3):
Omit all the words from and including "reference to:" to the end of the
subsection, substitute "reference to section 124 of the Lands Acquisition Act
1989.". After section 3B:
Insert the following section: Act has effect despite Lands Acquisition Act

"3C. This Act has effect despite anything contained in the Lands Acquisition
Act 1989.". Section 5:
Add at the end the following subsection:

"(3) The Lands Acquisition Act 1989 does not apply to the acquisition by a
Land Trust, under this Act, of an estate or interest in land.". Paragraph 12
(2) (c):
Omit "subsections 51 (1A) and 53 (2A) of the Lands Acquisition Act 1955",
substitute "section 124 of the Lands Acquisition Act 1989.". After subsection
12 (2):
Insert the following subsection:

"(2AAA) Where a deed of grant executed before the commencement of the Lands
Acquisition Act 1989 is expressed to be subject to a reservation that rights
to explore for minerals, and leases or licences to mine for minerals, on or
below the surface of the land may be granted under subsections 51 (1A) and 53
(2A) of the Lands Acquisition Act 1955, that reservation has effect on and
after the commencement of the Lands Acquisition Act 1989 as if it were a
reservation to the effect that such rights, leases or licences may be granted
in accordance with section 124 of the Lands Acquisition Act 1989.".
Airports (Business Concessions) Act 1959 Subsection 6 (2):
Omit the subsection, substitute the following subsection:

"(2) This section has effect despite anything contained in the Lands
Acquisition Act 1989.". Section 13:
Repeal the section, substitute the following section: Orders to obtain
possession

"13. In the application of section 132 of the Lands Acquisition Act 1989 in
relation to land within an airport:

   (a)  the references in that section to the Minister shall be read as
        references to the Minister for the time being administering this Act;
        and

   (b)  the reference in that section to an authorised person shall be read as
        a reference to a person authorised for the purposes of that section by
        the Minister administering this Act.".
Australian National Railways Commission Act 1983 Subsection 78B (1):
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
Australian Trade Commission Act 1985 Section 23:
Add at the end the following subsection:

"(5) Sections 117 and 119 of the Lands Acquisition Act 1989 do not apply to
the disposal of interests in land vested in the Australian Trade Commission.".
Canberra Water Supply (Googong Dam) Act 1974 Subsection 13 (6):
Omit the subsection, substitute the following subsection:

"(6) Part VIII of the Lands Acquisition Act 1989 applies in relation to the
determination of compensation under this section as if anything done by the
Authority under this Act had been done under Part III of the Lands Acquisition
Act 1989.".
Christmas Island Act 1958 Subsection 21A (1):
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
Civil Aviation Act 1988 Section 97:
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
Commonwealth Places (Application of Laws) Act 1970 Paragraph 17 (2) (a):
Omit "or function under section 64 of the Lands Acquisition Act 1955-1966",
substitute "under section 139 of the Lands Acquisition Act 1989".
Defence Housing Authority Act 1987 Section 61:
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
Federal Airports Corporation Act 1986 Section 36:
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
High Court of Australia Act 1979 Subsection 17 (4):
Omit the subsection, substitute the following subsection:

"(4) For the purposes of the Lands Acquisition Act 1989, the Court shall be
deemed to be an authority incorporated by a law of the Commonwealth.".
Lighthouses Act 1911 Subsection 6A (3):

   (a)  Omit "Lands Acquisition Act 1955", substitute "Lands Acquisition Act
        1989".

   (b)  After "acquisition of" (first occurring) insert "interests in".

   (c)  Omit "land" (last occurring), substitute "interests".
National Gallery Act 1975 Subsection 11 (14):
Omit the subsection, substitute the following subsection:

"(14) Parts VII and IX of the Lands Acquisition Act 1989 apply in relation to
a right to compensation referred to in subsection (13) as if:

   (a)  that right were an entitlement to compensation under section 52 of
        that Act;

   (b)  a reference in those Parts to an interest in land were a reference to
        the legal estate in the work of art to which that right relates; and

   (c)  a reference in those Parts to the Minister were a reference to the
        Minister administering this Act.". Subsection 11 (16):
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
National Library Act 1960 Subsection 7A (2):
Omit the subsection.
National Parks and Wildlife Conservation Act 1975 Paragraphs 8A (12) (a) and
(b):
Omit the paragraphs, substitute the following paragraphs:

"(a) an interest of either of the following kinds granted before the
commencement of the Lands Acquisition Act 1989:

        (i)    a lease or licence granted under section 51 of the Lands
               Acquisition Act 1955;

        (ii)   a right (however described) to explore or prospect for minerals
               granted under section 53 of the Lands Acquisition Act 1955; or

   (b)  a right (however described) to explore for minerals, or to mine for or
        recover minerals, granted under section 124 of the Lands Acquisition
        Act 1989.". After subsection 9 (3):
Insert the following subsection:

"(3A) The Lands Acquisition Act 1989 does not apply to the grant or surrender
of a lease or sub-lease under this section.".
Northern Territory (Self-Government) Act 1978 Subsection 70 (4):
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
Section 70:
Add at the end the following subsection:

"(12) This section has effect despite anything contained in the Lands
Acquisition Act 1989.".
OTC Act 1946 Subsection 79D (1):
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
Pipeline Authority Act 1973 Subsection 35 (5):
Omit the subsection, substitute the following subsection:

"(5) Part VIII of the Lands Acquisition Act 1989 applies in relation to the
determination of compensation under this section as if anything done by the
Authority under this Act had been done under Part III of the Lands Acquisition
Act 1989.". Section 37:
Repeal the section.
Postal Services Act 1975 Subsection 114B (1):
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
Public Order (Protection of Persons and Property) Act 1971 Subsection 13 (2):
Omit "or function under section 64 of the Lands Acquisition Act 1955-1966",
substitute "under section 139 of the Lands Acquisition Act 1989".
Satellite Communications Act 1984 Subsection 18B (1):
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
Seat of Government (Administration) Act 1910 Section 7A:
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
Section 9A:
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989.".
Snowy Mountains Hydro-electric Power Act 1949 Subsection 33 (4):
Omit the subsection, substitute the following subsection:

"(4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the
determination of compensation under this Part as if anything done by the
Authority under this Act had been done under Part III of the Lands Acquisition
Act 1989.".
Telecommunications Act 1975 Subsection 110B (1):
Omit "Lands Acquisition Act 1955", substitute " Lands Acquisition Act 1989".
World Heritage Properties Conservation Act 1983 Section 17:
Add at the end the following subsection:

"(3A) The Lands Acquisition Act 1989 does not apply in relation to an
acquisition of property that results from the operation of this Act.".