AustLII Tasmanian Consolidated Acts

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LAND ACQUISITION ACT 1993 - SECT 22

22. Amendment or revocation of notice of acquisition

      (1) An acquiring authority may, within the period of 6 months after a notice of acquisition is gazetted, amend or revoke that notice if compensation has not been paid in respect of land to which the notice of acquisition relates.

      (2) A notice of acquisition is to be amended or revoked by publishing in the Gazette a notice in a form approved by the Secretary.

      (3) Where an acquiring authority amends or revokes a notice of acquisition, the authority must –

(a) by notice in writing, inform each former owner of the land specified in the notice of acquisition of the reason for the amendment or revocation and what effect, if any, the amendment or revocation has on his or her claim for compensation; and

(b) comply with section 20 as if the notice under subsection (2) were a notice of acquisition; and

(c) cause a copy of the notice under that subsection to be laid on the table of each House of Parliament within the first 21 sitting days of the House after it is gazetted.

      (4) Subsection (3)(c) does not apply to a notice under subsection (2) which amends or revokes a notice of acquisition gazetted pursuant to an agreement referred to in section 16.

      (5) Where an acquiring authority amends a notice of acquisition, the amendments are taken to have taken effect on the day on which the notice of acquisition was gazetted.

      (6) Where an acquiring authority amends a notice of acquisition –

(a) an estate in land which was extinguished by the notice of acquisition but which is not extinguished by the notice of acquisition as amended is of full force and effect; and

(b) an estate in land, or allodial ownership of land, which was given by the notice of acquisition to an acquiring authority but which would not have been so given by a notice of acquisition in the form of the notice of acquisition as amended is extinguished; and

(c) all is to be as if the notice of acquisition had not been gazetted and the notice of acquisition as amended had been gazetted in its stead.

      (7) On the gazettal of a notice which revokes a notice of acquisition –

(a) an estate in land to which that notice relates which existed immediately before the notice of acquisition was gazetted is of full force and effect; and

(b) an estate in land, or allodial ownership of land, which was given by the notice of acquisition to an acquiring authority is extinguished; and

(c) all is to be as if the notice of acquisition had not been gazetted.



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