Commonwealth Consolidated Acts

LANDS ACQUISITION ACT 1989

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Extension of Act to external Territories  
   4.      Act binds the Crown  
   5.      Operation of Territory laws  

   PART II--INTERPRETATION

   6.      Definitions  
   7.      Meaning of authorised person  

   PART III--TEMPORARY--ENTRY ON, AND OCCUPATION OF, LAND

   8.      Powers additional to other powers  
   9.      Notice to be given before powers exercised  
   10.     Power to enter on, and examine, land  
   11.     Power to occupy land temporarily  
   12.     Powers in relation to land temporarily occupied  
   13.     Obligations in relation to exercise of powers  
   14.     Order to enforce exercise of powers  
   15.     Exercise of powers not an acquisition of an interest in land  

   PART IV--ACQUISITION--OF INTERESTS IN LAND

   16.     Modes of acquisition  
   17.     Nature of interests that may be acquired  
   18.     Authorities with limited powers  
   19.     Steps in acquisition by agreement  
   20.     Steps in acquisition by compulsory process  
   21.     Acquisitions to be in accordance with Act  

   PART V--PRE---ACQUISITION PROCEDURES

           Division 1--Pre-acquisition declarations

   22.     Declaration that land is suitable for acquisition  
   23.     Publication of pre - acquisition declarations  
   24.     Acquisitions where land required urgently etc.  
   25.     Effect of section 24 certificate on pre - acquisition declaration  

           Division 2--Reconsideration and review

   26.     Application for reconsideration of pre - acquisition declaration  
   27.     Reconsideration of pre - acquisition declaration  
   28.     Application for review of pre - acquisition declaration  
   29.     Application of Administrative Review Tribunal Act to applications for review  
   30.     Review of pre - acquisition declaration  
   31.     Considerations to be taken into account on review  
   33.     Minister to consider Administrative Review Tribunal's recommendations  

           Division 3--Miscellaneous

   34.     Interpretation  
   35.     Correction of mistakes in authorising documents  
   36.     Consequences of variation of authorising documents  
   37.     Notification of confirmation or revocation of authorising documents  
   38.     Registration of authorising documents  
   39.     Owner of interest in land required to disclose existence of authorising documents  

   PART VI--ACQUISITION--PROCEDURES

   40.     Acquisition by agreement  
   41.     Acquisition by compulsory process  
   42.     Special provision regarding land in public park  
   43.     When pre - acquisition declaration becomes absolute  
   44.     Notice requiring acquisition  
   45.     Acquisitions not affected by failure to comply with post - acquisition requirements  
   46.     Disallowance of acquisition of interest in land in public park  
   47.     Entry into possession by acquiring authority  
   48.     Notification of compulsory acquisition declarations  
   49.     Effect of acquisition of mortgage interest on rights of mortgagee  
   50.     Correction of compulsory acquisition declarations  
   51.     Registration of compulsory acquisition declarations  

   PART VII--COMPENSATION--FOR COMPULSORY ACQUISITION OF INTERESTS IN LAND

           Division 1--Entitlement to compensation

   52.     Entitlement to compensation  
   53.     Mortgagees may waive rights in respect of mortgage interests  

           Division 2--Amount of compensation-interests other than mortgage interests

   54.     Division does not apply in relation to acquisition of mortgage interests  
   55.     Amount of compensation--general principles  
   56.     Meaning of market value  
   57.     Special provision where market value determined upon basis of potential of land  
   58.     No general market for interest acquired  
   59.     Interest affected by planning restriction  
   60.     Matters to be disregarded in assessing compensation  
   61.     Acquisition of a dwelling  
   62.     Interest subject to mortgage  
   63.     Crown land  

           Division 3--Amount of compensation-mortgage interests

   64.     Interpretation  
   65.     Amount of compensation  
   66.     Particulars of mortgages may be required  

           Division 4--Claims for, and offers of, compensation

   67.     Claims for compensation  
   68.     Effect of compensation claim in respect of acquisition of mortgage interest  
   69.     Amounts paid in respect of mortgage liabilities extinguished by section 68  
   70.     Minister either to accept claim and offer compensation or to reject claim  
   71.     Rejection of claims--review by Administrative Review Tribunal  
   72.     Rejection of claims--declaration by Federal Court  
   73.     Combination of actions under section 72 and proceedings for determination of compensation  
   74.     Consequences of not seeking review of decision to reject claim  
   74A.    Minister may make offer of compensation where no claim is made  
   75.     Person may accept or reject Minister's offer of compensation  
   76.     Minister to reconsider offer of compensation and to make final offer  
   77.     Person may accept or reject Minister's final offer of compensation  

           Division 5--Determination of compensation payable

   78.     Determination of compensation by pre - acquisition agreement  
   79.     Determination of compensation by post - acquisition agreement  
   80.     Determination of compensation by arbitration or by expert  
   81.     Determination of compensation by Administrative Review Tribunal  
   82.     Determination of compensation by Federal Court  
   83.     Persons not entitled to seek determination of compensation by more than one means  
   84.     Separate rights of mortgagee and mortgagor to determination of compensation  

           Division 6--Payment of compensation

   85.     Advance payment on account of compensation  
   86.     Minister may pay rates etc.  
   87.     Payment of compensation  
   88.     Relationship between advances on account of, and payments of, compensation  
   89.     Repayment of advances where no entitlement to compensation  
   89A.    Lands Acquisition Account  
   90.     Crediting of amounts of compensation to the Account  
   91.     Interest payable on compensation--interests other than mortgage interests  
   92.     Interest payable on compensation--mortgage interests  

           Division 7--Courts to ensure just terms

   93.     Courts to ensure just terms  

   PART VIII--COMPENSATION--FOR EXERCISE OF POWERS UNDER PART III AND FAILURE TO ACQUIRE

           Division 1--Entitlement to compensation

   94.     Interpretation  
   95.     Entitlement to compensation--exercise of powers under Part III  
   96.     Entitlement to compensation--pre - acquisition declaration or section 24 certificate made but acquisition not proceeded with  

           Division 2--Claims for, and offers of, compensation

   97.     Claims for compensation  
   98.     Minister either to accept claim and offer compensation or to reject claim  
   99.     Rejection of claims--review by Administrative Review Tribunal  
   100.    Rejection of claims--declaration by Federal Court  
   101.    Combination of actions under section 100 and proceedings for determination of compensation  
   101A.   Minister may make offer of compensation where no claim is made  
   102.    Person may accept or reject Minister's offer of compensation  
   103.    Minister to reconsider offer of compensation and to make final offer  
   104.    Person may accept or reject Minister's final offer of compensation  

           Division 3--Determination of compensation payable

   105.    Determination of compensation by agreement  
   106.    Determination of compensation by arbitration or by expert  
   107.    Determination of compensation by Administrative Review Tribunal  
   108.    Determination of compensation by Federal Court  
   109.    Persons not entitled to seek determination of compensation by more than one means  

           Division 4--Payment of compensation

   110.    Advance payment on account of compensation  
   111.    Payment of compensation  
   112.    Relationship between advances on account of, and payments of, compensation  
   113.    Repayment of advances where no entitlement to compensation  
   114.    Crediting of amounts of compensation to the Account  
   115.    Interest payable on compensation  

   PART IX--PERSONS--WITH LIMITED POWERS TO DEAL WITH INTERESTS IN LAND

   116.    Federal Court may approve certain acts  

   PART X--DEALINGS--IN LAND VESTED IN ACQUIRING AUTHORITIES

   117.    Disposals to be in accordance with Part  
   118.    Vesting of interests in Commonwealth authorities  
   119.    Disposal of interests in land  
   120.    Disposal may be made subject to reservation of interest  
   121.    Interest in land to be offered first to former owner  
   122.    Dedication for public purpose  
   123.    Expungement of easements  
   124.    Mining etc. on certain land  

   PART XI--INTERESTS--IN OVERSEAS LAND

   125.    Minister to approve acquisition, disposal etc. of interests in overseas land  

   PART XII--MISCELLANEOUS

   126.    Indexation of subsection 61(2) amount  
   127.    General power of Federal Court to adjust rights  
   128.    Federal Court may order stay of proceedings under mortgage  
   129.    Power of Federal Court to extend time limits  
   130.    Jurisdiction of Federal Court  
   131.    Award of costs in Administrative Review Tribunal proceedings  
   132.    Orders to obtain possession  
   133.    Injunctions  
   134.    Effect of conveyance of Crown land  
   135.    Payments to be a good discharge  
   136.    Execution of documents for and on behalf of Commonwealth  
   137.    How documents are to be given  
   138.    Notice of signatures  
   139.    Delegation  
   140.    Regulations