Commonwealth Consolidated Acts

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LANDS ACQUISITION ACT 1989 - SECT 21

Acquisitions to be in accordance with Act

  (1)   Subject to subsection   (2), an acquiring authority shall not acquire an interest in land otherwise than in accordance with this Act unless:

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

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

  (c)   the acquisition 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 acquisition consists of the taking of a mortgage, charge or other similar security over an interest in land;

  (e)   the acquisition is effected by a law of the Commonwealth; or

  (f)   the interest is acquired otherwise than compulsorily or by agreement.

  (2)   Nothing in this Act prevents the benefit of a restriction on the use of land becoming vested in an authority by the operation of a law other than this Act.

  (3)   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.

  (4)   The Minister must not fix a date for the purpose of subsection   (3) 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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