Commonwealth Consolidated Acts

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LANDS ACQUISITION ACT 1989 - SECT 46

Disallowance of acquisition of interest in land in public park

  (1)   Where an acquiring authority has acquired an interest in land in a public park by compulsory process, the Minister shall cause a copy of the declaration under subsection   41(1) to be laid before each House of the Parliament within 14 sitting days of that House after the day on which the copy of the declaration was published in the Gazette .

  (2)   Either House of the Parliament may, within 7 sitting days of that House after a copy of the declaration has been laid before it, pass a resolution disallowing the acquisition.

  (3)   If the Minister fails to comply with subsection   (1) or a House of the Parliament passes a resolution disallowing the acquisition:

  (a)   the declaration shall be deemed to be, and always to have been, void;

  (b)   the interest shall be deemed never to have been vested in the acquiring authority; and

  (c)   the pre - acquisition declaration or certificate under section   24 relating to the acquisition of the interest ceases to be in force.



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