Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may declare in writing that the Minister is considering the acquisition by an acquiring authority of an interest in land (other than a mortgage interest) for a public purpose.
(2) The declaration shall identify the acquiring authority, the land, the interest in the land and the public purpose.
(3) Except where the interest is a restriction on the use of land, the Minister shall include in the declaration:
(a) a statement that the land appears to the Minister to be suitable for use, or for development for use, for a public purpose; and
(b) a statement setting out:
(i) particulars of the use to which the land will be put or for which it will be developed; and
(ii) the reasons why the land appears to be suitable for that use or for development for that use.
(4) Where the interest is a restriction on the use of land, the Minister shall include in the declaration:
(a) a statement that it appears to the Minister to be appropriate for the acquiring authority to be given, for a public purpose, the benefit of the restriction on the use of the land; and
(b) a statement:
(i) explaining the nature of the restriction; and
(ii) setting out the reasons why it is appropriate for the acquiring authority to be given the benefit of the restriction.
(5) The Minister may include in the declaration a statement that the proposed use of the land, or the proposed restriction on the use of the land, as the case may be, is connected with the implementation of a policy particulars of which are set out in the declaration.
(6) If the Minister includes in the declaration a statement under subsection (5), the Minister may also include a statement:
(a) that it is essential, for the implementation of the policy referred to in the statement under subsection (5), that the interest in the land be acquired; and
(b) that the declaration is, for that reason, not subject to review by the Administrative Review Tribunal.
(7) The Minister shall give a copy of the declaration to each person whom the Minister believes, after diligent inquiry, to be a person affected by the declaration, together with:
(a) a sketch showing the location of the land to which the declaration relates; and
(b) a statement setting out a summary of the principal rights conferred by this Act on persons whose interests in land are affected by a pre - acquisition declaration.
(8) If documents referred to in subsection (7) are required to be given to 2 or more persons, the Minister shall, as far as practicable, ensure that the documents are given to the persons at or about the same time.
(9) The declaration ceases to be in force if:
(a) the interest is acquired under this Act;
(b) the declaration is revoked; or
(c) the declaration ceases to have effect because of section 25 or subsection 44(2) or 46(3).
(10) For the purposes of this Act, a person shall be taken to be affected by the declaration if, and only if:
(a) the person is an owner of the interest in land specified in the declaration (in this subsection called the declaration interest ); or
(b) the person is an owner of some other interest in land that, if the declaration interest were acquired by compulsory process, would be in whole or in part divested, extinguished or diminished because of paragraph 41(4)(b).
(11) For the purposes of this Act, an interest in land shall be taken to be affected by the declaration if, and only if:
(a) the interest is the same as, includes or is included in, the interest in land specified in the declaration (in this subsection called the declaration interest ); or
(b) the interest is some other interest in land that, if the declaration interest were acquired by compulsory process, would be in whole or in part divested, extinguished or diminished because of paragraph 41(4)(b).