Commonwealth Consolidated Acts

LANDS ACQUISITION ACT 1989 - SECT 31

  (1)   Subject to this section, the following matters are relevant to the review by the Administrative Review Tribunal of a pre - acquisition declaration:

  (a)   the nature of the public purpose identified in the declaration;

  (b)   except where the relevant interest in land is a restriction on the use of land:

  (i)   the nature of the proposed use of the relevant land;

  (ii)   the extent to which the proposed use is connected with the public purpose;

  (iii)   the extent to which the proposed use is in the public interest; and

  (iv)   the suitability of the land for, or for development for, the proposed use;

  (c)   where the relevant interest in land is a restriction on the use of land:

  (i)   the nature of the proposed restriction;

  (ii)   the extent to which the proposed restriction is connected with the public purpose;

  (iii)   the extent to which the proposed restriction is in the public interest; and

  (iv)   the appropriateness of the benefit of the proposed restriction being acquired by the acquiring authority;

  (d)   the effect of the acquisition of the interest in land to which the declaration relates upon persons affected (within the meaning of subsection   22(10)) by the declaration;

  (e)   the extent to which the environment in the area in which the relevant land is situated would be affected if the land were used or developed, or the use of the land were restricted, as the case may be, in the manner proposed and, in particular, the extent to which that use or development, or that restriction, would benefit or impair:

  (i)   an area of scenic beauty;

  (ii)   a place of architectural, historical, archaeological, geological or scientific interest;

  (iii)   the conservation of flora and fauna that should, in the public interest, be preserved;

  (iv)   the amenity of the neighbourhood; or

  (v)   public utility services;

  (f)   whether there is some other means of accommodating the relevant acquiring authority's needs;

  (g)   matters contained in a statement given to the applicant under subsection   269(2) or 270(4) of the Administrative Review Tribunal Act 2024 or given to the Tribunal under section   23 or 24 of that Act;

  (h)   practicable methods of avoiding or mitigating any injurious factors;

  (j)   any other matter that the Tribunal determines, on the application of the Minister or the applicant, to be relevant to the review.

  (2)   The following matters are not relevant to the review:

  (a)   the amount of compensation that may be payable under this Act if the acquisition proceeds;

  (b)   the fact that another interest in the land to which the declaration relates, or in other land in the vicinity of that land, has already been acquired.

  (3)   If a statement under subsection   22(5) was included in the declaration, the Tribunal shall not inquire, directly or indirectly, into:

  (a)   the merits of the policy, particulars of which are given in the statement; or

  (b)   the Minister's statement in accordance with that subsection that the proposed use, or proposed restriction on the use, as the case may be, of the relevant land is connected with the implementation of the policy.