Commonwealth Consolidated Acts

LANDS ACQUISITION ACT 1989 - SECT 87

  (1)   Where:

  (a)   a person is entitled to be paid compensation in accordance with this Part   in respect of an acquisition;

  (b)   the amount of the compensation has been determined in accordance with Division   5;

  (c)   the proof of title requirement in relation to the acquisition has been satisfied; and

  (d)   the person has:

  (i)   produced or surrendered all deeds and documents relating to, or evidencing, the person's title to the interest that the Secretary of the Department, reasonably requires to be produced or surrendered; and

  (ii)   executed such documents as that Secretary reasonably requires;

the Commonwealth shall pay to the person the amount of compensation so determined.

  (2)   For the purposes of subsection   (1), the proof of title requirement in relation to the acquisition shall be taken to have been satisfied if:

  (a)   the person has satisfied the Secretary of the Department, that the person had, immediately before the acquisition, title to the acquired interest;

  (b)   the Federal Court has:

  (i)   made a declaration under section   72 that the interest was acquired from the person by compulsory process; or

  (ii)   made a determination under section   127 that the person held the interest immediately before the acquisition; or

  (c)   because of a decision of the Administrative Review Tribunal on an application under section   71, the interest is to be taken, for the purposes of this Act, to have been acquired from the person by compulsory process.