Victorian Consolidated Legislation

LAND ACQUISITION AND COMPENSATION ACT 1986

No. 121 of 1986
Version incorporating amendments as at 9 May 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions

   PART 2-ACQUISITION OF INTERESTS IN LAND

           Division 1-General

   4.      Authority to acquire or purchase in accordance with Part

           Division 2-Reservation of land

   5.      Reservation or certification of land required before acquisition

           Division 3-Notice of intention to acquire

   6.      Notice of intention to acquire
   7.      Cases where notice of intention to acquire not required
   8.      Form of notice
   9.      Copy of notice to be served on particular authorities
   10.     Notice to Registrar of Titles
   11.     Effect of notice
   12.     Restrictions on dealings with land
   13.     Sale of interest in land voidable if notice not given
   14.     Amendment of notice
   15.     Cancellation of notice
   16.     Lapse of notice
   17.     Extension of operation of notice by agreement
   18.     Acquisition by agreement

           Division 4-Acquisition of interests in land

   19.     Notice of acquisition
   20.     Time limits
   21.     Form of notice
   22.     Service of notice on persons interested in land
   23.     Publication of notice in newspaper
   24.     Effect of notice of acquisition
   25.     New interests

           Division 5-Entry into possession

   26.     Entry into possession
   27.     Recovery of rent
   28.     Proceedings where refusal to deliver possession
   29.     Residential Tenancies Act 1997 not to apply

   PART 3-COMPENSATION FOR ACQUISITION

   30.     Right to compensation on acquisition
   31.     Initial offer of compensation
   32.     Offer to pay total amount of compensation
   33.     Response by claimant
   34.     Form of notice of acceptance
   35.     Form of notice of claim
   36.     Authority's reply to claim
   37.     Claim for compensation where no offer made
   38.     No compensation for gold, minerals or pastoral licences
   39.     Apportionment of rent when part only of land leased is
           acquired

   PART 4-MEASURE OF COMPENSATION

   40.     Definitions
   41.     General principles on which compensation is to be based
   42.     Reinstatement in particular circumstances
   43.     Matters affecting compensation
   44.     Solatium
   45.     Loans to dispossessed home owners

   PART 5-COMPENSATION WHERE NO INTEREST IN LAND
   IS ACQUIRED

   46.     Compensation for abandoned acquisition
   47.     Compensation for entry or temporary occupation
   48.     Form of claim

   PART 6-PAYMENT OF COMPENSATION AND INTEREST
   ON COMPENSATION

   49.     Compensation to be paid to persons entitled or empowered to
           sell and convey
   50.     Claimants to produce title
   51.     Advances of compensation
   52.     Determination of rate of interest
   53.     Interest on compensation for acquisition
   54.     Interest on compensation where no land taken
   55.     Penalty interest
   56.     Interest in respect of expenses
   57.     Interest where claimant seeks extension of time
   58.     Compensation may in certain cases be paid to the Treasurer
   59.     Payment out of Trust Fund at direction of Authority
   60.     Investment of money deposited in Trust Fund
   61.     Court or judge may dispose of money paid to Trust Fund
   62.     Costs of application
   63.     Expenses of conveyance to be borne by Authority
   64.     Taxation of expenses of conveyance

   PART 7-PERSONS WITH LIMITED POWERS TO DEAL
   WITH LAND

   65.     Restrictions in other laws not to apply
   66.     Application of compensation
   67.     Power to agent to negotiate in certain cases

   PART 8-MORTGAGES OVER ACQUIRED LAND

   68.     Power to redeem mortgages
   69.     Deposit of mortgage money on refusal to accept
   70.     Sum to be paid when mortgage exceeds value of land
   71.     Deposit of money when refused on tender under section 70.
   72.     Sum to be paid where part only of mortgaged land taken
   73.     Deposit of money when refused on tender under section 72.

   PART 9-POWERS OF ENTRY AND TEMPORARY OCCUPATION

   74.     Powers of entry
   75.     Temporary occupation
   76.     Obligations in relation to the occupation of land
   77.     Liability of Authority for nuisance
   78.     Obstruction an offence
   79.     Authority to fence lands before using them

   PART 10-DETERMINATION OF DISPUTES

           Division 1-Application to the Tribunal or the Court

   80.     Application or referral of disputed claim
   80A.    Repealed
   81.     Jurisdiction
   82.     Form of notice of referral
   83.     Service of notice of referral on other parties
   84.     Withdrawal application

           Division 2-Compulsory conference in the Court

   85.     Compulsory conference
   86.     Objects of compulsory conference
   87.     Parties may vary offer or claim
   88.     Settlement

           Division 3-Determinations

   89.     Determination of claim
   90.     Principles to be applied in determining compensation
   91.     Costs
           92, 93. Repealed
   94.     Payment of compensation

           Division 4-General

   95.     Power to inspect land
   96.     Court to nominate valuer
   97.     Valuer to make declaration
   98.     Consequence of striking out a claim
           99-101. Repealed

           Division 5-Repealed

   102.    Repealed

   PART 11-MISCELLANEOUS

   103.    Power to inspect documents
   104.    Service
   105.    Minor misdescription not to invalidate documents
   106.    Extension or abridgement of time
   107.    Time not to expire until notice given
   108.    Payments to be good discharge
   109.    Authority may dispose of acquired land
   110.    Regulations

   PART 12-Repealed

           111-120. Repealed
           __________________
           SCHEDULE-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details