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Lands Acquisition Act 1989
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Administered by
Department of Finance
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C2016C00827 (C19)
01 July 2016
-
13 October 2024
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Part I—Preliminary
1 Short title
2 Commencement
3 Extension of Act to external Territories
4 Act binds the Crown
5 Operation of Territory laws
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Part II—Interpretation
6 Definitions
7 Meaning of authorised person
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Part III—Temporary entry on, and occupation of, land
8 Powers additional to other powers
9 Notice to be given before powers exercised
10 Power to enter on, and examine, land
11 Power to occupy land temporarily
12 Powers in relation to land temporarily occupied
13 Obligations in relation to exercise of powers
14 Order to enforce exercise of powers
15 Exercise of powers not an acquisition of an interest in land
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Part IV—Acquisition of interests in land
16 Modes of acquisition
17 Nature of interests that may be acquired
18 Authorities with limited powers
19 Steps in acquisition by agreement
20 Steps in acquisition by compulsory process
21 Acquisitions to be in accordance with Act
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Part V—Pre acquisition procedures
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Division 1—Pre acquisition declarations
22 Declaration that land is suitable for acquisition
23 Publication of pre acquisition declarations
24 Acquisitions where land required urgently etc.
25 Effect of section 24 certificate on pre acquisition declaration
Division 2—Reconsideration and review
26 Application for reconsideration of pre acquisition declaration
27 Reconsideration of pre acquisition declaration
28 Application for review of pre acquisition declaration
29 Application of Administrative Appeals Tribunal Act to applications for review
30 Review of pre acquisition declaration
31 Considerations to be taken into account on review
33 Minister to consider Administrative Appeals Tribunal’s recommendations
Division 3—Miscellaneous
34 Interpretation
35 Correction of mistakes in authorising documents
36 Consequences of variation of authorising documents
37 Notification of confirmation or revocation of authorising documents
38 Registration of authorising documents
39 Owner of interest in land required to disclose existence of authorising documents
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Part VI—Acquisition procedures
40 Acquisition by agreement
41 Acquisition by compulsory process
42 Special provision regarding land in public park
43 When pre acquisition declaration becomes absolute
44 Notice requiring acquisition
45 Acquisitions not affected by failure to comply with post acquisition requirements
46 Disallowance of acquisition of interest in land in public park
47 Entry into possession by acquiring authority
48 Notification of compulsory acquisition declarations
49 Effect of acquisition of mortgage interest on rights of mortgagee
50 Correction of compulsory acquisition declarations
51 Registration of compulsory acquisition declarations
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Part VII—Compensation for compulsory acquisition of interests in land
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Division 1—Entitlement to compensation
52 Entitlement to compensation
53 Mortgagees may waive rights in respect of mortgage interests
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Division 2—Amount of compensation–interests other than mortgage interests
54 Division does not apply in relation to acquisition of mortgage interests
55 Amount of compensation—general principles
56 Meaning of market value
57 Special provision where market value determined upon basis of potential of land
58 No general market for interest acquired
59 Interest affected by planning restriction
60 Matters to be disregarded in assessing compensation
61 Acquisition of a dwelling
62 Interest subject to mortgage
63 Crown land
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Division 3—Amount of compensation–mortgage interests
64 Interpretation
65 Amount of compensation
66 Particulars of mortgages may be required
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Division 4—Claims for, and offers of, compensation
67 Claims for compensation
68 Effect of compensation claim in respect of acquisition of mortgage interest
69 Amounts paid in respect of mortgage liabilities extinguished by section 68
70 Minister either to accept claim and offer compensation or to reject claim
71 Rejection of claims—review by Administrative Appeals Tribunal
72 Rejection of claims—declaration by Federal Court
73 Combination of actions under section 72 and proceedings for determination of compensation
74 Consequences of not seeking review of decision to reject claim
74A Minister may make offer of compensation where no claim is made
75 Person may accept or reject Minister’s offer of compensation
76 Minister to reconsider offer of compensation and to make final offer
77 Person may accept or reject Minister’s final offer of compensation
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Division 5—Determination of compensation payable
78 Determination of compensation by pre acquisition agreement
79 Determination of compensation by post acquisition agreement
80 Determination of compensation by arbitration or by expert
81 Determination of compensation by Administrative Appeals Tribunal
82 Determination of compensation by Federal Court
83 Persons not entitled to seek determination of compensation by more than one means
84 Separate rights of mortgagee and mortgagor to determination of compensation
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Division 6—Payment of compensation
85 Advance payment on account of compensation
86 Minister may pay rates etc.
87 Payment of compensation
88 Relationship between advances on account of, and payments of, compensation
89 Repayment of advances where no entitlement to compensation
89A Lands Acquisition Account
90 Crediting of amounts of compensation to the Account
91 Interest payable on compensation—interests other than mortgage interests
92 Interest payable on compensation—mortgage interests
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Division 7—Courts to ensure just terms
93 Courts to ensure just terms
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Part VIII—Compensation for exercise of powers under Part III and failure to acquire
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Division 1—Entitlement to compensation
94 Interpretation
95 Entitlement to compensation—exercise of powers under Part III
96 Entitlement to compensation—pre acquisition declaration or section 24 certificate made but acquisition not proceeded with
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Division 2—Claims for, and offers of, compensation
97 Claims for compensation
98 Minister either to accept claim and offer compensation or to reject claim
99 Rejection of claims—review by Administrative Appeals Tribunal
100 Rejection of claims—declaration by Federal Court
101 Combination of actions under section 100 and proceedings for determination of compensation
101A Minister may make offer of compensation where no claim is made
102 Person may accept or reject Minister’s offer of compensation
103 Minister to reconsider offer of compensation and to make final offer
104 Person may accept or reject Minister’s final offer of compensation
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Division 3—Determination of compensation payable
105 Determination of compensation by agreement
106 Determination of compensation by arbitration or by expert
107 Determination of compensation by Administrative Appeals Tribunal
108 Determination of compensation by Federal Court
109 Persons not entitled to seek determination of compensation by more than one means
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Division 4—Payment of compensation
110 Advance payment on account of compensation
111 Payment of compensation
112 Relationship between advances on account of, and payments of, compensation
113 Repayment of advances where no entitlement to compensation
114 Crediting of amounts of compensation to the Account
115 Interest payable on compensation
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Part IX—Persons with limited powers to deal with interests in land
116 Federal Court may approve certain acts
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Part X—Dealings in land vested in acquiring authorities
117 Disposals to be in accordance with Part
118 Vesting of interests in Commonwealth authorities
119 Disposal of interests in land
120 Disposal may be made subject to reservation of interest
121 Interest in land to be offered first to former owner
122 Dedication for public purpose
123 Expungement of easements
124 Mining etc. on certain land
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Part XI—Interests in overseas land
125 Minister to approve acquisition, disposal etc. of interests in overseas land
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Part XII—Miscellaneous
126 Indexation of subsection 61(2) amount
127 General power of Federal Court to adjust rights
128 Federal Court may order stay of proceedings under mortgage
129 Power of Federal Court to extend time limits
130 Jurisdiction of Federal Court
131 Award of costs in Administrative Appeals Tribunal proceedings
132 Orders to obtain possession
133 Injunctions
134 Effect of conveyance of Crown land
135 Payments to be a good discharge
136 Execution of documents for and on behalf of Commonwealth
137 How documents are to be given
138 Notice of signatures
139 Delegation
140 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
