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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 39 Acquisition of land

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 39

Acquisition of land

39 Acquisition of land

(1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .
(2) The Minister may do so only if the Minister is of the opinion that there are exceptional circumstances which warrant the acquisition of land for the purpose of satisfying the objectives of this Act.
(3) If so required by the Minister, the New South Wales Aboriginal Land Council or the Local Aboriginal Land Council is to make provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).
(4) The Minister may transfer land acquired under this section to an Aboriginal Land Council or other organisation or body established for the benefit of Aboriginal persons.
(5) For the purposes of the Public Works Act 1912 , an acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
(6) Part 3 of the Public Works Act 1912 does not apply in respect of works constructed under this Act.