Commonwealth Consolidated Acts

LANDS ACQUISITION ACT 1989 - SECT 43

  (1)   Where:

  (a)   a pre - acquisition declaration is in force; and

  (b)   the Minister has complied with the requirements of subsection   22(7), sections   23, 36 and 37 and subsection   38(1) in relation to the declaration;

the declaration becomes absolute in accordance with this section.

  (2)   If no application for reconsideration has been made, the declaration becomes absolute at the end of 28 days after the last day on which such an application could have been made.

  (3)   If:

  (a)   the declaration is an unreviewable declaration; and

  (b)   as a result of one or more applications for reconsideration, the declaration has been confirmed or varied;

the declaration, as confirmed or varied, becomes absolute at the end of 28 days after the day, or the last day, as the case may be, on which the declaration was confirmed or varied.

  (4)   If:

  (a)   the declaration is reviewable by the Administrative Review Tribunal;

  (b)   as a result of one or more applications for reconsideration, the declaration has been confirmed or varied; and

  (c)   no application has been made for review of the declaration by the Tribunal;

the declaration, as confirmed or varied, becomes absolute at the end of 28 days after the last day on which an application for review could have been made.

  (5)   If:

  (a)   the declaration is reviewable by the Administrative Review Tribunal;

  (b)   as a result of one or more applications for reconsideration, the declaration has been confirmed or varied;

  (c)   one or more applications have been made for review, by the Tribunal, of the declaration as so confirmed or varied; and

  (d)   the Minister has complied with the requirements of subsection   33(1) in relation to the recommendation or recommendations made by the Tribunal and, in complying with those requirements, did not revoke the declaration;

the declaration, as confirmed or varied on reconsideration and, if applicable, as further varied by the Minister under subsection   33(1), becomes absolute at the end of 28 days after the first day on which the Minister had complied with those requirements in relation to the recommendation or recommendations.