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LANDS ACQUISITION ACT 1989 - SECT 117

Disposals to be in accordance with Part

  (1)   An acquiring authority shall not dispose of an interest in land otherwise than in accordance with this Part unless:

  (a)   because of subsection   5(2), (2A) or (3), this Act does not apply in relation to the disposal;

  (b)   the regulations provide that this Act does not apply in relation to the disposal, by the acquiring authority, of interests in land in specified circumstances and the disposal is a disposal in those circumstances;

  (c)   the disposal is authorised by a law of the Commonwealth (including a law passed or made after the commencement of this Act) and that law, or another law of the Commonwealth, expressly provides that the first - mentioned law has effect despite anything contained in this Act;

  (d)   the disposal is effected by a law of the Commonwealth; or

  (e)   the disposal results from the exercise by the acquiring authority of powers conferred by a mortgage, charge or other similar security over the interest.

  (2)   Despite subsection   12(1) of the Legislation Act 2003 , regulations made for the purpose of paragraph   (1)(b) of this section may provide that the regulations commence on a day to be fixed by the Minister by notice published in the Gazette.

  (3)   The Minister must not fix a date for the purpose of subsection   (2) that is earlier than:

  (a)   the last day on which a notice could be given under subsection   42(1) of the Legislation Act 2003 in relation to the regulations; or

  (b)   if such a notice is given, the latest day on which the regulations could be disallowed by a House of the Parliament in which such a notice has been given.



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