Commonwealth Consolidated Acts

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LANDS ACQUISITION ACT 1989 - SECT 116

Federal Court may approve certain acts

  (1)   Where:

  (a)   an acquiring authority wishes to acquire an interest in land from a person by agreement; and

  (b)   but for this subsection, the person would not have the capacity or power to enter into or carry out such an agreement;

the person may, with the approval of the Federal Court, enter into and carry out such an agreement.

  (2)   Where:

  (a)   an interest in land has been acquired from a person by compulsory process; and

  (b)   but for this subsection, the person would not have the capacity or power to do something in connection with compensation in respect of the acquisition;

the person may, with the approval of the Court, do the thing.

  (3)   Where, under subsection   (1) or (2), the Court gives its approval to a person entering into an agreement, or doing something in connection with compensation, amounts payable under the agreement, or by way of compensation, shall be:

  (a)   paid to a trustee appointed by the Court, subject to such trusts as the Court directs; or

  (b)   otherwise applied in accordance with the directions of the Court.

  (4)   This section has effect despite any law, deed, will, memorandum or articles of association or other instrument.

 



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