LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - As at 23 September 2020 - Act 22 of 1991
- As at 23 September 2020 - Act 22 of 1991Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects of Act
- 4 Definitions
- 4A Notes in the text
- 5 Acquisition of land to which Act applies
- 6 Acquisition of land to which Act does not apply
- 7 Act not to empower authority to acquire land
- 7A Authority empowered to acquire native title
- 7B Authority empowered to acquire its own land
- 8 Act to prevail over other Acts relating to acquisition of land
- 9 Act binds Crown
- 10 Statement of guaranteed acquisition at market value
- 10A Minimum period of negotiation for acquisition by agreement before initiation of compulsory acquisition process
PART 2 - ACQUISITION OF LAND BY COMPULSORY PROCESS
Division 1 - Pre-acquisition procedures
- 11 Notice of intention to acquire land by compulsory process
- 12 Owners to be given notice
- 13 Minimum period of notice
- 14 Compulsory acquisition to be completed as soon as practicable
- 15 Particulars to be included in proposed acquisition notice
- 16 Withdrawal or amendment of proposed acquisition notice
- 17 Registrar-General to be notified of proposed acquisition notice and withdrawal or amendment of such notice
- 18 Valuer-General to be notified of proposed acquisition notice
Division 2 - Acquisition procedures
- 19 Compulsory acquisition by notice in Gazette
- 20 Effect of acquisition notice
Division 3 - Owner-initiated acquisition in cases of hardship
- 21 Definition of "land designated for acquisition for a public purpose"
- 22 Owners of land to whom Division applies
- 23 Owner who suffers hardship may require authority of the State to acquire land designated for acquisition
- 24 Hardship
- 25 Method of acquisition under this Division
- 26 Compensation for acquisition under this Division
- 27 Authority of the State may lift designation of land
- 27A Review of decisions on hardship applications by independent person 28. (Repealed)
Division 4 - Miscellaneous provisions relating to acquisition
- 29 Acquisition of Crown land
- 30 Compulsory acquisition with consent of owners
- 31 Rescission of acquisition notice
- 32 New interests in land
- 33 Validity of compulsory acquisition
- 34 Former owner's right to occupy land until compensation paid etc
- 35 Power of authority of the State to obtain possession of compulsorily acquired land
- 36 Adverse use of acquired land
PART 3 - COMPENSATION FOR ACQUISITION OF LAND
Division 1 - Entitlement to compensation
- 37 Right to compensation if land compulsorily acquired
- 37A Requests for non-monetary compensation for native title
- 38 Compensation entitlement if land (not available for public sale) acquired by agreement
Division 2 - Claims for compensation
- 39 Claim for compensation
- 40 Owner claiming compensation must disclose particulars of other persons with an interest in land
- 41 Valuer-General's determination of amount of compensation
Division 3 - Post-acquisition procedures relating to compensation
- 42 Notice of compensation entitlement and offer of compensation
- 43 Particulars to be included in notice of compensation entitlement and offer of compensation
- 43A Amendment or rescission of compensation notice
- 44 Acceptance of offer of compensation
- 45 Deemed acceptance of offer of compensation
- 46 Claim for compensation by person not offered compensation
- 47 Valuer-General to determine amount of compensation offered
- 48 Advance payments of compensation etc
- 49 Interest on compensation
- 50 Rate of interest on compensation
- 51 Trust account
- 52 Payments to be a good discharge
- 53 Compensation for interest not known to acquiring authority
Division 4 - Determination of amount of compensation
- 54 Entitlement to just compensation
- 55 Relevant matters to be considered in determining amount of compensation
- 56 Market value
- 57 Special value
- 58 Loss attributable to severance
- 59 Loss attributable to disturbance
- 60 Disadvantage resulting from relocation
- 61 Special provision relating to market value assessed on potential of land
- 62 Special provision relating to acquisition of easements or rights, tunnels etc
- 63 Pre-acquisition agreements on compensation
- 64 Compensation in form of land or works
- 65 Effect of acquisition of mortgage interest
Division 5 - Objections and appeals to Land and Environment Court
- 66 Objection against amount of compensation offered
- 67 Appeal against failure to entertain claim for compensation
- 68 Payment of compensation arising from court proceedings
PART 4 - COMPENSATION FOR ABANDONED ACQUISITION OF LAND AND RETURN OF ACQUIRED LAND
- 69 Compensation for withdrawal of proposed acquisition notice
- 70 Compensation for rescission of acquisition notice
- 71 Claims for compensation under this Part
- 71A Land not required for acquired purpose to be first offered to former owner