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Lands Acquisition Act 1955

Act No. 69 of 1955 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 27 Nov 2009
Start Date 19 Dec 1973
End Date 30 Dec 1973
Date of repeal 09 Jun 1989
Repealed by Lands Acquisition (Repeal and Consequential Provisions) Act 1989

LANDS ACQUISITION ACT 1955
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 121 #DATE 19:12:1973)

LANDS ACQUISITION ACT 1955-1973 - TABLE OF PROVISIONS

TABLE


LANDS ACQUISITION ACT 1955-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Repeal and saving
4. (Repealed)
5. Interpretation

PART II-ACQUISITION OF LAND

Division 1-Modes of Acquisition

6. Modes of acquisition

Division 2-Acquisition by Agreement

7. Acquisition by agreement
8. Effect of conveyance of Crown land to Commonwealth

Division 3-Acquisition by Compulsory Process

9. Notice to treat
10. Compulsory acquisition
11. Conversion of estates and interests into claims for compensation
12. Powers of Houses of Parliament to avoid acquisitions
13. High Court or Supreme Court may adjust rights and determine basis of
compensation
14. Notice to owner
15. Registration of notification

PART III-POWERS IN RELATION TO LAND

16. Power to examine lands
17. Power to occupy lands temporarily
18. Power to take materials, make roads, &c., on or from adjacent lands
19. Compensation for damage to land

PART IV-COMPENSATION FOR ACQUISITION BY COMPULSORY PROCESS

Division 1-Claims for Compensation

20. Making, acceptance and rejection of claims
21. Proceedings where claim rejected

Division 2-Principles upon which Compensation is to be
Assessed

22. Crown land
23. Matters to be considered in determining compensation

Division 3-Determination of Compensation by Agreement

24. Agreement as to amount of compensation before acquisition
25. Determination of compensation by agreement after acquisition

Division 4-Determination of Compensation by Arbitration

26. Determination of claim by arbitration
27. Revocation of agreement to arbitrate

Division 5-Determination of Compensation by a Court

28. Proceedings for determination of compensation
29. Determination of compensation on the application of Commonwealth
30. Payment of compensation determined
31. Court to ensure that acquisition is made on just terms

Division 6-Payment of Compensation and Interest

32. Payment of compensation
33. Deposit of compensation in the Treasury
34. Payment out of Treasury
35. Order that claimant is entitled to compensation
36. Interest on compensation

PART V-PERSONS UNDER DISABILITY AND CERTAIN LIMITED OWNERS

37. Powers of persons under disability and certain limited owners
38. Extent of powers under section 37
39. Application of purchase money

PART VI-MORTGAGES OVER LAND ACQUIRED BY COMPULSORY PROCESS

40. Mortgage moneys barred by statutes of limitations
41. Rights of mortgagee on acquisition of land
42. Owner may be required to furnish particulars of mortgages
43. Interest, &c., paid by mortgagor after date of acquisition
44. Court may order stay of proceedings under mortgage
45. Separate rights of mortgagee and mortgagor to determination of
compensation
46. Compensation to mortgagee
47. Deduction of mortgagee's compensation from mortgagor's compensation
48. Execution of discharge
49. Rights of mortgagor where mortgagee does not claim compensation
50. Preservation of certain rights of mortgagee

PART VII-DEALINGS IN LAND VESTED IN THE COMMONWEALTH

51. Mining leases and licences
52. Vesting of lands in Commonwealth authorities
53. Disposal of land
54. Power to dedicate lands

PART VIII-MISCELLANEOUS

55. Minister may pay rates, &c.
56. Terms and conditions under which persons may remain in possession of
acquired land
57. Warrants to obtain possession of land
58. Costs of producing documents, &c.
59. Payments to be a good discharge
60. Execution of documents for and on behalf of the Commonwealth
61. Incorporation of Commonwealth
62. Jurisdiction of courts
63. Costs
64. Delegation
65. Notice of signatures
66. Service of notices, &c.
66A. Statutory authorities
67. Consequential amendments of certain Acts
68. Regulations

SCHEDULE 1

Amendment of Acts

SCHEDULE 2

Citation of Acts Amended

LANDS ACQUISITION ACT 1955-1973 - SECT. 1.
Short title.

SECT

LANDS ACQUISITION ACT 1955-1973
An Act to make provision for the Acquisition by the Commonwealth of Land required for Public Purposes and for dealing with Land so acquired, and for other purposes.*

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Lands Acquisition Act 1955-1973.*

LANDS ACQUISITION ACT 1955-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*

LANDS ACQUISITION ACT 1955-1973 - SECT. 3.
Repeal and saving.

SECT

3. (1) The Lands Acquisition Act 1906, the Lands Acquisition Act 1912, the Lands Acquisition Act 1916, the Lands Acquisition Act 1932 and the Lands Acquisition Act 1936 are repealed.
Amended by No. 4, 1957, s. 3; and No. 208, 1973, s. 11.

(2) Notwithstanding the repeals effected by the last preceding sub-section, the provisions of the Lands Acquisition Act 1906-1936 (other than sub-section (2) of section 57 and sections 59, 62, 62A, 63 and 66) continue to apply in relation to land acquired, or agreed to be acquired, by the Commonwealth before the commencement of this Act, and the provisions of this Act (other than Part VII and sections 57, 60, 64 and 65) do not apply in relation to that land.
Section 4 repealed by No. 208, 1973, s. 3.
* * * * * * * *

LANDS ACQUISITION ACT 1955-1973 - SECT. 5.
Interpretation.

SECT

Sub-section (1) amended by No. 208, 1973, s. 11.
5. (1) In this Act, unless the contrary intention appears-

''claimant'' means a person who, or a State which, has made a claim for compensation under this Act;

''court of summary jurisdiction'', in relation to proceedings in respect of land, means a court of summary jurisdiction of a State or Territory constituted by a Police, Stipendiary, Resident or Special Magistrate, being a court which has jurisdiction in respect of the locality in which the land, or part of the land, is situated;

''Crown land'' means land the property of a State, but does not include an interest of a person other than the State in land the property of a State;

''interest'', in relation to land, means-

(a) a legal or equitable estate or interest in the land; or

(b) a right, power or privilege over, or in connexion with, the land;

''land'' includes an interest in land;

''lease'' includes an agreement for a lease;

''mortgagee'', in relation to a mortgage, means the person for the time being entitled to the moneys secured by the mortgage;

''mortgagor'', in relation to a mortgage, means the owner for the time being of the land which is subject to the mortgage;

''notice to treat'' means a notice to treat for the sale of land to the Commonwealth given under section 9;

''person'' includes the Crown in right of a State;

''public purpose'' means a purpose in respect of which the Parliament has power to make laws, and, in relation to land in a Territory, includes any purpose in relation to that Territory;

''the date of acquisition'', in relation to land acquired by compulsory process under this Act, means the date on which the notice under section 10 in respect of that land is published in the Gazette;

''the Supreme Court'', in relation to proceedings in respect of land, means the Supreme Court of the State or Territory in which the land is situated.
Amended by No. 208, 1973, s. 11.

(2) A reference in this Act to the acquisition of land or of an interest in land includes a reference to the extinction of an interest in land by virtue of sub-section (4) of section 10.

LANDS ACQUISITION ACT 1955-1973 - SECT. 6.

SECT

PART II-ACQUISITION OF LAND*

Division 1-Modes of Acquisition
Modes of acquisition.
6. (1) The Commonwealth may acquire land for a public purpose-

(a) by agreement; or

(b) by compulsory process.
Amended by No. 208, 1973, s. 11.

(2) The Commonwealth shall not acquire either by agreement or by compulsory process land which, under the laws of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or otherwise for the purposes of public recreation.

LANDS ACQUISITION ACT 1955-1973 - SECT. 7.

SECT

Division 2-Acquisition by Agreement
Aquisition by agreement.
Sub-section (1) amended by No. 208, 1973, s. 4.
7.* (1) The Minister may authorize the acquisition of land by the Commonwealth by agreement for a public purpose approved by him.
Substituted by No. 208, 1973, s. 4.

(2) The land acquired under this section may be an easement, right, power, privilege or other interest that did not previously exist as such, in, over or in connexion with land.
Substituted by No. 208, 1973, s. 4.

(3) Where the acquisition of land is authorized by the Minister under sub-section (1), the Minister shall cause to be laid before each House of the Parliament, within 30 sitting days of that House after the giving of the authorization, a statement describing the land and stating that the acquisition of the land has been authorized under that sub-section for the public purpose specified in the statement.
Sub-section (4) omitted by No. 208, 1973, s. 4.
* * * * * * * *

LANDS ACQUISITION ACT 1955-1973 - SECT. 8.
Effect of conveyance of Crown land to Commonwealth.

SECT

8. (1) Where an agreement is entered into by the Commonwealth with a State for the acquisition of Crown land, an instrument or assurance executed by the Governor of that State for the purpose of carrying out the agreement is, by force of this Act and notwithstanding anything in the law of the State, valid and effectual to vest the land in the Commonwealth according to the tenor of the instrument or assurance.

(2) Where the Crown land is land which, under the laws of the State, has been granted, dedicated or reserved for a public purpose of the State, an instrument or assurance referred to in the last preceding sub-section operates, by force of this Act, to vest the land in the Commonwealth freed from any trusts, restrictions or obligations arising out of that grant, dedication or reservation.

LANDS ACQUISITION ACT 1955-1973 - SECT. 9.

SECT

Division 3-Acquisition by Compulsory Process
Notice to treat.
9. (1) The Minister shall not recommend to the Governor-General the acquisition by the Commonwealth of land by compulsory process unless he has first caused to be served upon each of the owners of the land, or such of them as can, after diligent inquiry, be ascertained, a notice inviting the person on whom the notice is served to treat with the Minister for the sale to the Commonwealth of the interest of that person in the land.
Amended by No. 208, 1973, s. 11.

(2) Where service on an owner cannot be effected under the last preceding sub-section in accordance with section 66, service on that owner may be effected by causing a copy of the notice to treat to be published in a newspaper circulating in the district in which the land is situated and-

(a) if the land is occupied-leaving a copy of the notice to treat with the occupier; or

(b) if the land is not occupied-affixing, if practicable, a copy of the notice to treat to a conspicuous part of the land,
and the notice to treat shall be deemed to have been so served on the day on which the copy is so published, is so left with the occupier or is so affixed, whichever last occurs.

(3) A person served with a notice to treat in respect of land may, not later than fourteen days after the service of the notice, furnish to the Minister particulars of-

(a) the interest claimed by him in the land;

(b) the amount for which he is agreeable to sell to the Commonwealth his interest in the land; and

(c) the name and address of any other person known to him to have an interest in the land and the nature of that interest.
Amended by No. 208, 1973, s. 5.

(4) Upon receipt of the particulars referred to in the last preceding sub-section the Minister may treat with the person furnishing the particulars for the acquisition of the interest of that person in the land by the Commonwealth by agreement and may enter into an agreement with that person for that acquisition.

(5) The Minister may, by notice in writing to a person served with a notice to treat, withdraw the notice to treat.
Amended by No. 208, 1973, s. 11.

(6) Where the owner of an interest in land, being a person who has furnished the particulars referred to in sub-section (3), suffers loss by reason of the notice to treat in respect of the land having been given and withdrawn, the Commonwealth is liable to pay to him such compensation as is determined by agreement between the owner and the Minister or, in the absence of agreement, by action by the owner against the Commonwealth in a court of competent jurisdiction.
Amended by No. 208, 1973, s. 11.

(7) In the last preceding sub-section, ''court of competent jurisdiction'' has the same meaning as in section 19.

(8) This section does not apply in a case in which the Minister certifies that there are special reasons why the section should not apply.

LANDS ACQUISITION ACT 1955-1973 - SECT. 10.
Compulsory acquisition.

SECT

Sub-section (1) amended by No. 208, 1973, s. 11.
10. (1) Without prejudice to the liability of the Commonwealth under any contract for the acquisition of land by agreement, where-

(a) a period of twenty-eight days has expired after the service of a notice to treat, or of notices to treat, in relation to land; or

(b) the Minister has given a certificate under sub-section (8) of section 9 in relation to land,
the Minister may recommend to the Governor-General that the land or any interest in the land (not including an interest in respect of which a notice to treat has been withdrawn) be acquired by the Commonwealth by compulsory process.

(2) The Governor-General may, on the recommendation of the Minister under the last preceding sub-section, authorize the acquisition of land by compulsory process for a public purpose approved by the Governor-General.

(3) The Minister may cause to be published in the Gazette notice of the authorization by the Governor-General and, in the notice, declare that the land is acquired under this Act for the public purpose approved by the Governor-General.

(4) Upon the publication of the notice in the Gazette, the land to which the notice applies is, by force of this Act-

(a) vested in the Commonwealth; and

(b) freed and discharged from all interests, trusts, restrictions, dedications, reservations, obligations, contracts, licences, charges and rates,
to the intent that the legal estate in the land and all rights and powers incident to that legal estate or conferred by this Act are vested in the Commonwealth.

(5) The land acquired under this section may be an easement, right, power, privilege or other interest, which did not previously exist as such, in, over or in connexion with land.
Amended by No. 208, 1973, s. 11.

(6) An authorization by the Governor-General under sub-section (2) shall not be invalidated or called in question by reason of any failure to comply with any of the provisions of this Act.

LANDS ACQUISITION ACT 1955-1973 - SECT. 11.
Conversion of estates and interests into claims for compensation.

SECT

11. (1) Subject to the next succeeding sub-section, the interest of every person in the land to which a notice under the last preceding section applies, and, if the land so described is Crown land, the property of the State in that Crown land, is, on the date of acquisition of the land, converted into a right to compensation under this Act.

(2) Where, in accordance with sub-section (5) of the last preceding section, an easement, right, power, privilege or other interest in, over or in connexion with land is acquired, the interest of every person in that land is, on the date of the acquisition, and to the extent to which that interest is affected by the acquisition, converted into a right to compensation under this Act.

LANDS ACQUISITION ACT 1955-1973 - SECT. 12.
Powers of Houses of Parliament to avoid acquisitions.

SECT

Sub-section (1) amended by No. 208, 1973, s. 11.
12. (1) The Minister shall cause a copy of every notice published under sub-section (3) of section 10 to be laid before each House of the Parliament within fourteen sitting days of that House after the date of publication.

(2) Either House of the Parliament may, within thirty days after a copy of a notice has been laid before it in pursuance of the last preceding sub-section, pass a resolution that the notice shall be void and of no effect, and thereupon the notice shall be void and of no effect, and the land shall be deemed not to have been vested in the Commonwealth.
Amended by No. 208, 1973, s. 11.

(3) Where the owner of land described in a notice in relation to which a resolution is passed under the last preceding sub-section has suffered loss or damage by reason of the notice or of the exercise of powers of the Minister in consequence of the notice, the Commonwealth is liable to pay to him such compensation as is determined by agreement between the owner and the Minister or, in the absence of agreement, by action by the owner against the Commonwealth in a court which would have jurisdiction if the action were under section 19.

LANDS ACQUISITION ACT 1955-1973 - SECT. 13.
High Court or Supreme Court may adjust rights and determine basis of

SECT

compensation.
13. (1) Notwithstanding anything contained in this Act, where land is acquired under this Division, the High Court or the Supreme Court may, upon the application of the Commonwealth or any other person interested, make such orders as it thinks proper for declaring or adjusting rights and liabilities in connexion with the land or with transactions in relation to the land or otherwise affected by the acquisition.

(2) Without limiting the generality of the powers conferred by the last preceding sub-section, the orders which may be made under that sub-section include-

(a) an order for the payment or repayment of moneys;

(b) an order discharging a person from an obligation to pay moneys;

(c) where there was a subsisting contract of sale of the land-an order with respect to the rights and liabilities of the parties to that contract; and

(d) where there was a rent charge or other charge or encumbrance over the land-

(i) an order releasing a person in whole or in part from a personal covenant or obligation in relation to the charge or encumbrance; and

(ii) an order apportioning the charge or encumbrance between the land acquired and other land subject to the charge or encumbrance.

(3) Notwithstanding anything contained in this Act, the High Court or the Supreme Court may, in proceedings under this section or upon the application of the Commonwealth or a claimant, make such order as it thinks just in the special circumstances of a particular case declaring the basis upon which compensation in respect of the acquisition of any land acquired under this Act by compulsory process is to be determined, and the compensation shall be determined accordingly.
Amended by No. 208, 1973, s. 11.

(4) Where a court has made an order under sub-section (1) in relation to any land, compensation in relation to that land shall, subject to any order made under the last preceding sub-section but notwithstanding any other provision of this Act, be determined having regard to the effect of the first-mentioned order.

(5) Where the Commonwealth is not a party to proceedings under this section, the court may order the Commonwealth to be joined as a party if the court thinks it desirable to do so either in relation to the making of an order as to costs or otherwise.

LANDS ACQUISITION ACT 1955-1973 - SECT. 14.
Notice to owner.

SECT

14. (1) Where land is acquired under this Division, the Minister shall, as soon as practicable after the date of acquisition of the land, cause a copy of the notice of acquisition of the land to be served upon the owners of the land, or such of them as can, after diligent inquiry, be ascertained.
Amended by No. 208, 1973, s. 11.

(2) Where-

(a) the Minister is unable, after diligent inquiry, to ascertain the identity of an owner; or

(b) service on an owner cannot be effected under the last preceding sub-section in accordance with section 66,
service on that owner may be effected by causing a copy of the notice of acquisition to be published in a newspaper circulating in the district in which the land is situated and-

(c) if the land is occupied-leaving a copy of the notice of acquisition with the occupier; or

(d) if the land is not occupied-affixing, if practicable, a copy of the notice of acquisition to a conspicuous part of the land.

LANDS ACQUISITION ACT 1955-1973 - SECT. 15.
Registration of notification.

SECT

Sub-section (1) amended by No. 4, 1957, s. 4.
15. (1) Where land has been acquired under this Division, the Crown Solicitor may lodge with the Registrar-General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated a copy of the notice of acquisition of the land, certified under the hand of the Crown Solicitor or of an officer of the Attorney-General's Department authorized by the Crown Solicitor to certify such copies.

(2) The officer with whom the copy of a notice of acquisition is lodged in pursuance of the last preceding sub-section may register the acquisition in the manner as nearly as may be in which dealings with land are registered, and may deal with and give effect to the copy of the notice of acquisition as if it were a grant, conveyance, memorandum or instrument of transfer of the land to the Commonwealth duly executed under the laws in force in the State or Territory in which the land is situated.

LANDS ACQUISITION ACT 1955-1973 - SECT. 16.

SECT

PART III-POWERS IN RELATION TO LAND
Power to examine lands.
16. (1) A person authorized in writing by the Minister to act under this section may, for the purpose of ascertaining whether land is suitable for a public purpose or of surveying or obtaining information in relation to land which he considers suitable for such a purpose-

(a) enter upon the land, or upon adjoining land, with such persons, vehicles and things as he thinks fit; and

(b) make surveys, take levels, sink pits, examine the soil and do any other thing in relation to the land.
Amended by No. 208, 1973, s. 11.

(2) If a person hinders or obstructs a person authorized under this section to enter on land in the exercise of any of his powers under this section in relation to that land, a court of summary jurisdiction may, on the application of the person so authorized, grant a warrant authorizing a Commonwealth Police Officer or other person named in the warrant to enforce the entry upon the land, and to prevent hindrance or obstruction to the exercise of any power under this section in relation to the land, and the entry upon, and the examination of, the land may be enforced in accordance with the warrant.

LANDS ACQUISITION ACT 1955-1973 - SECT. 17.
Power to occupy lands temporarily.

SECT

Amended by No. 208, 1973, s. 6.
17.* Where land is vested in the Commonwealth, a person authorized by the Minister may, with such other persons as he thinks necessary, enter land-

(a) being within a distance of two hundred metres from the nearest boundary of the land vested in the Commonwealth;

(b) not being a garden, orchard or plantation attached or belonging to a house, or a park, planted walk or avenue, or ground ornamentally planted; and

(c) not being nearer than five hundred metres to the dwelling house of the occupier of the land,
and may occupy the land so entered for so long as is necessary for the purposes of any works connected with the carrying out of a public purpose.

LANDS ACQUISITION ACT 1955-1973 - SECT. 18.
Power to take materials, make roads, &c., on or from adjacent lands.

SECT

18. (1) A person authorized by the Minister under the last preceding section to enter land may-

(a) in connexion with the carrying out of a public purpose, on or from that land-

(i) construct, build or place any plant, machinery, equipment or goods;

(ii) take or deposit sand, clay, stone, earth, gravel, timber, wood or other materials or goods;

(iii) make roads, cuttings or excavations;

(iv) erect workshops, sheds and other buildings of a temporary character; and

(v) manufacture and work materials of any kind; and

(b) demolish, destroy or remove any plant, machinery, equipment, goods or buildings constructed, built, placed or erected on land in pursuance of the last preceding paragraph.

(2) The power to take clay, stone or earth shall not be exercised in respect of a stone or slate quarry, brickfield or other like place commonly worked or used for getting materials for the purposes of sale or disposal.

LANDS ACQUISITION ACT 1955-1973 - SECT. 19.
Compensation for damage to land.

SECT

19. (1) Where the owner of an interest in land suffers loss or damage by reason of the exercise, in relation to the land, of the powers conferred by this Part, the Commonwealth is liable to pay to him such compensation as is determined by agreement between the owner and the Minister or, in the absence of agreement, by action by the owner against the Commonwealth in a court of competent jurisdiction.
Amended by No. 208, 1973, s. 11.

(2) In this section, ''court of competent jurisdiction'' means-

(a) the High Court or the Supreme Court; or

(b) a County Court, District Court, Local Court or Magistrates Court of a State or Territory, presided over by a Judge or by a Police, Stipendiary, Resident or Special Magistrate, being a court which has jurisdiction-

(i) in actions for the recovery of debts up to an amount not less than the amount of compensation claimed; and

(ii) in respect of the locality in which the land, or part of the land, is situated.

LANDS ACQUISITION ACT 1955-1973 - SECT. 20.

SECT

PART IV-COMPENSATION FOR ACQUISITION BY COMPULSORY PROCESS

Division 1-Claims for Compensation
Making, acceptance and rejection of claims.
Sub-section (1) amended by No. 208, 1973, s. 11.
20. (1) A person who has a right to compensation under section 11 may make a claim for compensation in accordance with a form approved by the Minister, stating the amount of compensation claimed.

(2) Compensation is not payable to a person in respect of an interest in land acquired under this Act by compulsory process if-
(a) a claim for compensation in accordance with the last preceding sub-section is not served on the Minister by that person in respect of that interest within one hundred and twenty days after the date of acquisition or within such further time as the Minister allows; and
(b) the interest is inconsistent with an interest claimed by another person in respect of which the Minister has, in good faith, paid or agreed to pay compensation.

(3) Where a claim for compensation is made, the Minister shall, except where compensation is not payable by reason of the operation of the last preceding sub-section, consider the claim and, if satisfied that the claimant has produced prima facie evidence that he had, immediately before the date of acquisition of the land, the interest claimed by him in the land, the Minister shall accept the claim for determination, but, if not so satisfied, the Minister shall reject the claim.

(4) The Minister shall, within three months after a claim for compensation is made, notify the claimant whether he accepts the claim for determination or rejects the claim and, if the Minister fails to notify the claimant accordingly, the Minister shall be deemed to have accepted the claim for determination.
Amended by No. 208, 1973, s. 11.

(5) The acceptance of a claim for determination under this section does not entitle the claimant to payment of compensation otherwise than in accordance with Division 6.

LANDS ACQUISITION ACT 1955-1973 - SECT. 21.
Proceedings where claim rejected.

SECT

21. (1) Where a claim for compensation has been rejected by the Minister, the claimant may bring an action against the Commonwealth in the High Court or the Supreme Court claiming a declaration that he was, immediately before the date of acquisition of the land, entitled to the interest specified in the claim made to the Minister.

(2) The court, after notice to such persons as it directs, shall hear the action and may declare that the claimant was entitled to the interest specified in his claim to the Minister or to some other interest, or may dismiss the action.

(3) For the purposes of this Act an order of a court under this section is binding on the Commonwealth and on all persons who had interests in the land immediately before the date of acquisition of the land, whether or not they were represented before the court on the hearing of the action.

(4) Where a court, in pursuance of this section, declares that a claimant had an interest in land, compensation in respect of that interest shall be determined in accordance with this Act as if the claim had been accepted by the Minister and, if the interest declared by the court differs from the interest specified in the claim to the Minister, the claim shall be deemed to be amended accordingly.

(5) Where, in relation to a claim for compensation that has been rejected by the Minister-

(a) the claimant does not, within thirty days after service on him of the notice of rejection of the claim or within such further time as the Minister allows, institute an action under this section in relation to the claim; or

(b) the claimant has so instituted an action and-

(i) the action has been dismissed, either by the court of first instance or as a result of an appeal; and

(ii) a period of not less than thirty days has elapsed since the dismissal of the action and no appeal or further appeal by the plaintiff (including an application for leave to appeal) is pending,
the Commonwealth may pay compensation in respect of the acquisition on the basis that the claimant was not, at the date of acquisition, entitled to the interest the subject of the claim and, where compensation is paid in respect of an interest which is inconsistent with the interest the subject of the claim, no compensation is payable in respect of that last- mentioned interest.
Amended by No. 208, 1973, s. 11.

(6) A court in which an action is instituted under this section may, upon the application of the Commonwealth, the claimant or any other person appearing to the court to have a sufficient interest to justify the application (which application may be made at any time after the issue of the writ in the action, whether before or after the making of any declaration under sub-section (2)), order that the action shall be treated as including proceedings duly instituted under section 28 for determination of the amount of compensation under this Act in respect of the interest (if any) which the court declares the claimant to have had.
Amended by No. 208, 1973, s. 11.

(7) The provisions of section 28 (other than sub-sections (1), (2), (6) and (9)) apply to and in relation to proceedings consequent upon the making of an order under the last preceding sub-section.

LANDS ACQUISITION ACT 1955-1973 - SECT. 22.

SECT

Division 2-Principles upon which Compensation is to be Assessed
Crown land.
22. Where Crown land is acquired by compulsory process, the State is entitled to compensation as if it had been the proprietor of an estate in fee simple in the land and that estate had been subject to any interest which a person other than the State had in the land immediately before the date of acquisition.

LANDS ACQUISITION ACT 1955-1973 - SECT. 23.
Matters to be considered in determining compensation.

SECT

23. (1) In the determination of the amount of compensation payable in respect of land compulsorily acquired under this Act, regard shall be had to-

(a) the value of the land at the date of acquisition;

(b) the damage (if any) caused by the severance of the land from other land in which the claimant had an interest at the date of acquisition; and

(c) the enhancement or depreciation in value of the interest of the claimant, at the date of acquisition, in other land adjoining or severed from the acquired land by reason of the carrying out of or the proposal to carry out the public purpose for which the land was acquired.

(2) In determining the value of land acquired under this Act, regard shall not be had to any increase in the value of the land arising from the carrying out of or the proposal to carry out the public purpose for which the land was acquired.

(3) Where the value of the interest of the claimant in other land adjoining the land acquired is enhanced or depreciated by reason of the carrying out of or the proposal to carry out the public purpose for which the land was acquired, the enhancement or depreciation shall be set off against, or added to, as the case requires, the amount of the compensation otherwise payable to the claimant.

LANDS ACQUISITION ACT 1955-1973 - SECT. 24.

SECT

Division 3-Determination of Compensation by Agreement
Agreement as to amount of compensation before acquisition.
24. (1) The Minister may, on behalf of the Commonwealth, enter into an agreement with the owner of land as to the amount of compensation to which the owner will be entitled if the land is compulsorily acquired under this Act within a time specified in the agreement.

(2) If the land is compulsorily acquired under this Act within the time specified in the agreement and while the owner who made the agreement is still the owner of the land, the compensation payable to the owner in respect of the acquisition shall be deemed to have been determined by agreement at the amount specified in the agreement.

LANDS ACQUISITION ACT 1955-1973 - SECT. 25.
Determination of compensation by agreement after acquisition.

SECT

Amended by No. 208, 1973, s. 11.
25. Where a claim for compensation is accepted for determination under section 20, the amount of compensation to be paid may be determined by agreement between the Minister and the claimant.

LANDS ACQUISITION ACT 1955-1973 - SECT. 26.

SECT

Division 4-Determination of Compensation by Arbitration
Determination of claim by arbitration.
26. (1) The Minister and a claimant may, instead of determining by agreement the amount of compensation to be paid in respect of the acquisition of any land by compulsory process, agree to submit the determination of that amount to arbitration in accordance with this section.
Amended by No. 208, 1973, s. 11.

(2) Where an agreement for arbitration is so made, the law relating to arbitration (other than the law relating to the enforcement of awards made upon an arbitration) of such State or Territory as is specified for the purpose in the agreement applies, subject to the agreement, to and in relation to the agreement and to and in relation to the arbitration under the agreement.

LANDS ACQUISITION ACT 1955-1973 - SECT. 27.
Revocation of agreement to arbitrate.

SECT

27. (1) If, at any time after an agreement for arbitration is made in relation to a claim by a person in respect of an interest in land and before the award is made upon the arbitration in pursuance of that agreement, another person makes a claim for compensation in relation to that interest or another interest in that land or the Minister learns of another person who may be entitled to make such a claim, the Minister may revoke the agreement.

(2) Where the Minister revokes an agreement under the last preceding sub-section, the Commonwealth is liable to pay the reasonable costs of and incidental to the agreement and, if the arbitration has commenced, of and incidental to the arbitration.

LANDS ACQUISITION ACT 1955-1973 - SECT. 28.

SECT

Division 5-Determination of Compensation by a Court
Proceedings for determination of compensation.
28. (1) Where, in the case of a claim for compensation which has been accepted by the Minister-

(a) a period of three months has elapsed since the claim was made, but the compensation has not been determined by agreement; or

(b) before that period has elapsed, the Minister has made an offer in writing to the claimant of an amount as compensation but the claimant has not accepted that amount or any other amount offered by the Minister,
the claimant may, unless an agreement for the determination of the compensation by arbitration is in force, institute proceedings against the Commonwealth in a court of competent jurisdiction for determination of the amount of compensation under this Act in respect of the interest the subject of the claim.

(2) The writ or summons shall state the amount of compensation which the claimant claims and the interest in respect of which it is claimed.

(3) Subject to the succeeding provisions of this section, the proceedings shall be heard and determined as nearly as may be in the same manner as actions in contract are heard and determined in the court in which the action is instituted.

(4) The proceedings shall be tried without a jury.

(5) The court shall not, except with the consent of the parties, direct a reference to arbitration.

(6) If the court is of opinion that the proceedings might have been brought in a lower court, or might have been brought in a lower court if the amount of compensation claimed had not been grossly excessive, costs, if awarded to the claimant, shall only be allowed on the scale of costs applicable in that other court, unless the first-mentioned court certifies that special circumstances existed which made it proper to institute the proceedings in that court.

(7) Where proceedings under this section have been instituted in relation to an interest in land, the court may, on the application of the Commonwealth, by order direct any other person who has claimed compensation arising out of the acquisition of that interest or of another interest in that land acquired at the same time, or who appears or claims to have had, immediately before the date of acquisition, an interest in that land that has been acquired at the same time, to join as a plaintiff in the proceedings within a time specified in the order.

(8) If a person so directed fails to join as a plaintiff within the time specified in the order, he is absolutely debarred from thereafter instituting an action against the Commonwealth for determination or recovery of compensation arising out of the acquisition of the interest that was the original subject of the proceedings or any other interest in the same land that was acquired at the same time.

(9) When, by reason of the joinder of a new plaintiff or otherwise, the total compensation claimed in proceedings under this section exceeds the amount up to which the court has jurisdiction, the Commonwealth shall forthwith apply to the High Court or to the Supreme Court for the removal of the proceedings into that court, and, if the court to which the application is made is satisfied that the application is properly made, it shall order the removal of the proceedings accordingly, and the proceedings shall be continued in the court to which they are removed as if they had been instituted in that court.

(10) If, in relation to the acquisition of any land, proceedings under this section have been instituted in the High Court, and proceedings under this section have also been instituted in another court, the action in that other court shall, on the application of the Commonwealth to the High Court, be removed into the High Court.

(11) Such documents relating to the proceedings as are filed as of record in the court in which the proceedings were instituted shall be transmitted to the Registry of the High Court in the State or Territory in which the first-mentioned court is situated, or, if there is no such Registry, to the Principal Registry of the High Court.
Amended by No. 208, 1973, s. 11.

(12) The provisions of sections 41 and 43 of the Judiciary Act 1903-1955 apply in relation to an action which is removed into the High Court in pursuance of this section.

(13) The determination of the court in proceedings under this section is binding on the parties to the proceedings.
Amended by No. 208, 1973, s. 11.

(14) In this section, ''court of competent jurisdiction'' means-

(a) the High Court or the Supreme Court; or

(b) a County Court, District Court, Local Court or Magistrates Court of a State or Territory, presided over by a Judge or by a Police, Stipendiary, Resident or Special Magistrate, being a court which has jurisdiction-

(i) in actions for the recovery of debts up to an amount not less than the amount of compensation claimed; and

(ii) in respect of the locality in which the land, or part of the land, is situated.

LANDS ACQUISITION ACT 1955-1973 - SECT. 29.
Determination of compensation on the application of Commonwealth.

SECT

29. (1) Where-

(a) a period of six months has elapsed since the date of acquisition of land and a claim for compensation has not been made in respect of an interest in the land; or

(b) the Minister has made an offer in writing to the claimant of an amount of compensation in respect of an interest claimed by the claimant in the land and-

(i) the compensation has not, within sixty days after the making of the offer or within such further time as the Minister, on the application of the claimant, has allowed, been determined by agreement, by arbitration or by a court; and

(ii) proceedings in which the claimant is a plaintiff for determination of compensation under the last preceding section, or proceedings in an arbitration in respect of the claim, are not pending,
the Commonwealth may apply to such court of competent jurisdiction as it considers appropriate, having regard to the value and locality of the land, for a determination under this section in respect of the interest concerned.

(2) The court, after notice to such persons as it directs, shall hear the application and determine the amount of compensation payable in respect of the interest the subject of the application.
Amended by No. 208, 1973, s. 11.

(3) The Commonwealth may, in an application under this section arising out of paragraph (a) of sub-section (1), request the court to determine the person or persons who, immediately before the date of acquisition, had an interest or interests in the land, and the nature of the interest or interests, and the court shall, after notice to such persons as it directs, determine those matters accordingly.

(4) A determination of a court under this section is binding on the Commonwealth and the claimant and on all persons who had interests in the land at the date of acquisition of the land whether or not they were represented before the court on the hearing of the application.
Amended by No. 208, 1973, s. 11.

(5) In this section, ''court of competent jurisdiction'' means-

(a) in relation to an application arising out of paragraph (a) of sub-section (1)-the High Court or the Supreme Court or, where the Commonwealth does not make a request under sub-section (3), the High Court, the Supreme Court or a court of a State or Territory, being a County Court, District Court, Local Court or Magistrates Court presided over by a Judge or by a Police, Stipendiary, Resident or Special Magistrate; and

(b) in relation to an application arising out of paragraph (b) of sub-section (1)-a court that would be a court of competent jurisdiction under the last preceding section if the application were proceedings by the claimant under that section claiming the amount of compensation specified in the original claim lodged with the Minister.

LANDS ACQUISITION ACT 1955-1973 - SECT. 30.
Payment of compensation determined.

SECT

Amended by No. 208, 1973, s. 11.
30. Nothing in this Part, or in a determination of a court, or an award upon an arbitration, under this Part, entitles a person to receive payment of compensation otherwise than in accordance with Division 6.

LANDS ACQUISITION ACT 1955-1973 - SECT. 31.
Court to ensure that acquisition is made on just terms.

SECT

31. (1) Where a court having jurisdiction for the purposes of this section is of opinion that the application of any of the provisions of this Act would result in an acquisition having been made otherwise than on just terms, the court may determine such compensation or make such order (whether against the Commonwealth or against another person) as, in its opinion, is necessary to ensure that the acquisition has been made on just terms.

(2) Jurisdiction for the purposes of this section may be exercised-

(a) by a court before which proceedings are instituted under another provision of this Division; or

(b) by the Supreme Court or the High Court.

LANDS ACQUISITION ACT 1955-1973 - SECT. 32.

SECT

Division 6-Payment of Compensation and Interest
Payment of compensation.
Sub-section (1) amended by No. 208, 1973, s. 11.
32. (1) When the amount of compensation to which a person is entitled under section 11 has been determined, that amount shall be paid to that person when he has-

(a) made out, to the satisfaction of the Crown Solicitor, a title, as at the date of the acquisition, to the interest in respect of which the compensation is payable;

(b) produced or surrendered all deeds and documents relating to, or evidencing, that title which the Crown Solicitor reasonably requires to be produced or surrendered, as the case may be; and

(c) executed such documents as the Crown Solicitor reasonably requires.
Amended by No. 208, 1973, s. 11.

(2) Paragraph (a) of the last preceding sub-section does not apply where a court has, under section 21, 29 or 35, declared or determined that the claimant had, immediately before the date of acquisition of the land, the interest in respect of which the compensation is payable.

LANDS ACQUISITION ACT 1955-1973 - SECT. 33.
Deposit of compensation in the Treasury.

SECT

33. (1) If, at the expiration of three months after the determination of the amount of any compensation, the person entitled to the compensation has not, by reason of some default or delay on his part, received payment of the compensation, the Minister may deposit the amount of compensation in the Treasury.

(2) If, before the amount of compensation is deposited in the Treasury, the Minister has notice of any rates, taxes or assessments charged upon the land and due at the date of acquisition, he may pay the amount of those rates, taxes or assessments out of the amount of compensation, and deposit the balance in the Treasury.

LANDS ACQUISITION ACT 1955-1973 - SECT. 34.
Payment out of Treasury.

SECT

Amended by No. 208, 1973, s. 11.
34. An amount of compensation deposited in the Treasury under the last preceding section may be paid, on the direction of the Crown Solicitor, to a person who complies with the requirements of section 32.

LANDS ACQUISITION ACT 1955-1973 - SECT. 35.
Order that claimant is entitled to compensation.

SECT

35. (1) Notwithstanding the provisions of the last three preceding sections, where a person claims to be entitled to an amount of compensation determined in respect of any land by agreement, by arbitration or by a court (including an amount which has been deposited in the Treasury), the High Court or the Supreme Court may, upon the application of that person and upon proof, to the satisfaction of the court, of his title, immediately before the date of the acquisition, to the interest in land in respect of which the compensation was payable, declare that that person is entitled to the compensation, and may order the payment of the compensation to that person, subject to such conditions as it thinks fit.

(2) Where the Court orders payment to a claimant of an amount of compensation which has been deposited in the Treasury, the Court may, if it sees fit, order payment of interest in respect of the whole or any part of the period from the date of that deposit to the date of payment at a rate not exceeding the rate that would have been applicable under the next succeeding section if the amount of compensation had not been deposited in the Treasury.

LANDS ACQUISITION ACT 1955-1973 - SECT. 36.
Interest on compensation.

SECT

Sub-section (1) amended by No. 208, 1973, s. 11.
36.* (1) Subject to this Division, an amount of compensation payable in respect of an acquisition by compulsory process under this Act (other than an amount payable to a mortgagee upon which interest is payable under section 46) bears interest from the date of acquisition of the land to the date on which payment is made to the claimant or, where the amount is deposited in the Treasury in accordance with section 33, to the date upon which the amount is so deposited.
Amended by No. 93, 1966, s. 3; and No. 208, 1973, s. 7.

(2) The rate at which interest is payable under the last preceding sub-section is-

(a) if the period for which the interest is payable is less than 3 years-the short term interest rate; and

(b) in any other case-the long term interest rate.

(3) Where the amount of compensation determined upon an arbitration or by a court does not exceed an amount offered by the Minister, interest is payable only up to the date upon which the offer of the Minister was received by the claimant.

(4) Where compensation (not being compensation deposited in the Treasury) is determined upon an arbitration or is determined, or ordered to be paid, by a court, interest continues to be payable under this section and not otherwise.
Added by No. 208, 1973, s. 7.

(5) In this section-

''loan'' means a borrowing of moneys by Australia by public subscription in Australia under the authority of an Act and in accordance with a prospectus;

''long term interest rate'', in relation to an amount of compensation, means the rate of interest payable on the long term securities having a term nearest to 10 years offered in connexion with the last loan for which a prospectus relating to long term securities was issued before the date on which the acquisition concerned was effected;

''long term securities'' means securities the term of which exceeds 6 years but does not exceed 15 years;

''public subscription'' includes the conversion of securities into other securities;

''securities'' means stock, bonds or other securities under the Commonwealth Inscribed Stock Act 1911-1966;

''short term interest rate'', in relation to an amount of compensation, means the rate of interest payable on the short term securities having a term nearest to 3 years offered in connexion with the last loan for which a prospectus relating to short term securities was issued before the date on which the acquisition concerned was effected;

''short term securities'' means securities the term of which does not exceed 6 years;

''term'', in relation to securities included in a particular class of securities offered in connexion with a loan, means the period between-

(a) the date specified in the prospectus relating to the loan as-

(i) the date on and after which applications for securities included in that class will be received; or

(ii) if such a date is not so specified, the date on which conversion of other securities into securities included in that class will be effected; and

(b) the date specified in that prospectus as the date of maturity of securities included in that class.
Added by No. 208, 1973, s. 7.

(6) Where prospectuses were issued on the one day for two or more loans, those loans shall, for the purposes of sub-section (5), be deemed to be one loan.

LANDS ACQUISITION ACT 1955-1973 - SECT. 37.

SECT

PART V-PERSONS UNDER DISABILITY AND CERTAIN LIMITED OWNERS
Powers of persons under disability and certain limited owners.
37. A person seised or possessed of, or entitled to, land, or having the management of land on behalf of a person under a legal disability, particularly-

(a) a corporation which has no power, or limited power only, to dispose of land;

(b) a tenant in tail or for life;

(c) a guardian;

(d) a committee of a lunatic or idiot;

(e) a trustee;

(f) an executor or administrator;

(g) a person for the time being entitled to the receipt of the rents and profits of land in possession; or

(h) a lessee,
may, by force of this Act and notwithstanding anything to the contrary in any law, deed of settlement or other deed, will, memorandum or articles of association or instrument-

(i) lease, sell, transfer or convey to the Commonwealth the land or an interest in the land;

(j) if the land is acquired by the Commonwealth by compulsory process-

(i) subject to this Act, make or join with another person in making a claim for compensation;

(ii) accept or not accept an offer of compensation by the Minister; and

(iii) take any action authorized by this Act to be taken by a claimant to determine a disputed claim for compensation; and

(k) enter into an agreement incidental to the exercise of a power conferred by this section.

LANDS ACQUISITION ACT 1955-1973 - SECT. 38.
Extent of powers under section 37.

SECT

38. (1) The powers conferred by the last preceding section may be exercised-

(a) by a person other than a lessee-not only on behalf of himself and his heirs, executors, administrators and successors, but also on behalf of every person entitled in reversion, remainder or expectancy after him, and in defeasance of the estate of every person so entitled;

(b) by a guardian-on behalf of his ward, and to the extent to which the ward could exercise those powers if he were not under a disability;

(c) by the committee of a lunatic or idiot-on behalf of the lunatic or idiot, and to the extent to which the lunatic or idiot could exercise those powers if he were not under a disability; and

(d) by a trustee, executor or administrator-on behalf of his cestui que trusts (whether infants, issue unborn, lunatics, idiots or other persons) to the same extent as the cestui que trusts could exercise those powers if they were not under a disability.
Amended by No. 208, 1973, s. 11.

(2) The provisions of a law of a State or Territory making provision for the sale of settled land or authorizing a person specified in the last preceding section to sell land of which he is not the beneficial owner apply, by force of this Act, in relation to land that has been acquired by compulsory process under this Act as if an agreement to accept an amount of compensation in respect of the acquisition were a sale of the land to the Commonwealth at a price equal to that amount.
Amended by No. 208, 1973, s. 11.

(3) Where a person specified in the last preceding section leases or sells land of which he is not the beneficial owner, or agrees to accept compensation in respect of the acquisition under this Act of any such land, and that person was not empowered to grant the lease or to make the sale or agreement by the law of a State or Territory (including such a law as applied by the last preceding sub-section), the lease, sale or agreement has no force or effect unless approved by the High Court or the Supreme Court.

LANDS ACQUISITION ACT 1955-1973 - SECT. 39.
Application of purchase money.

SECT

39. (1) Where a lease, sale or agreement to which sub-section (3) of the last preceding section applies is made, the rent, purchase money or compensation (in this section referred to as ''the moneys'') shall be dealt with as provided by this section.

(2) With the consent of all parties interested the moneys may be paid to a trustee subject to such trusts as are declared by a deed of trust approved by the Attorney-General.

(3) Where an infant, lunatic or idiot is interested in or entitled to receive the moneys, his consent to an application or disposition of the moneys may be given by a guardian, trustee or committee on his behalf.

(4) The moneys may be paid to the Principal Registrar or a District Registrar of the High Court or the Master in Equity or other proper officer of the Supreme Court, to be applied in accordance with an order of the Court.

(5) The High Court or the Supreme Court may, on the application of a person interested (including a trustee, executor or administrator), order the moneys to be applied as follows:-

(a) in the discharge of a debt or encumbrance affecting the land, or affecting other land settled to the same or the like uses, trusts and purposes;

(b) in the purchase of other land, or of securities of or guaranteed by the Government of the Commonwealth or of a State, to be conveyed, limited and settled upon and for the like uses, trusts and purposes, and in the same manner, as the land in respect of which the moneys were paid;

(c) if the moneys have been paid in respect of any buildings acquired under the authority of this Act, in replacing the buildings or substituting others in their stead;

(d) in payment to a person becoming absolutely entitled to the moneys, or to such other person, and on such conditions, as the court directs; or

(e) in such other manner as the court directs.

(6) If the owner of the land was a corporation, the moneys may be paid to the corporation.

(7) If the land was vested in a trustee, the moneys may be paid to the trustee to be dealt with by him as nearly as may be in accordance with the trusts upon which the land was held.

(8) If the land was vested in an executor or administrator, the moneys may be paid to the executor or administrator to be dealt with by him in accordance with his duties as executor or administrator.

(9) If the land was vested in or managed by the guardian of an infant or the committee of a lunatic or idiot, the moneys may be paid to the guardian or committee.

(10) In this section, ''compensation'' includes interest payable on compensation.

LANDS ACQUISITION ACT 1955-1973 - SECT. 40.

SECT

PART VI-MORTGAGES OVER LAND ACQUIRED BY COMPULSORY PROCESS
Mortgage moneys barred by statutes of limitations.
40. For the purposes of this Part, moneys shall not be deemed to have been due to a mortgagee under a mortgage, or to have been secured by the mortgage, at the date of acquisition of land that was subject to the mortgage if the right of the mortgagee to recover those moneys was, at that date, barred by a statute relating to the limitation of actions unless the mortgagee had, at that date, a power of sale or other remedy exercisable in relation to that land.

LANDS ACQUISITION ACT 1955-1973 - SECT. 41.
Rights of mortgagee on acquisition of land.

SECT

Sub-section (1) amended by No. 208, 1973, s. 11.
41. (1) Where any land acquired under this Act by compulsory process was, at the date of acquisition, subject to a mortgage, the mortgagee may either-

(a) claim compensation under Division 1 of Part IV; or

(b) by notice to the Minister, waive his rights to compensation.

(2) If the mortgagee makes a claim for compensation, he shall set forth in his claim-

(a) the amount of principal due under the mortgage at the date of acquisition of the land; and

(b) the amount of interest, costs and charges due under the mortgage at that date.

(3) The Minister may, by notice in writing served on a person who is or may be a mortgagee, require that person, at his option-

(a) to make a claim under this Act for compensation as mortgagee; or

(b) to waive his rights to compensation.

(4) If the person fails to make a claim for compensation in accordance with this Act within thirty days (or such further period as the Minister in writing allows for that purpose) after the service of the notice, he shall be deemed to have waived his rights to compensation as mortgagee.
Amended by No. 208, 1973, s. 11.

(5) Where a mortgagee claims compensation under this Act the acquisition of the land shall, to the extent to which the compensation payable to the mortgagee under sub-section (1) of section 46 is sufficient to satisfy the mortgage debt, and interest, costs or charges due to the mortgagee under the mortgage, as at the date of acquisition, be deemed to have had the effect of extinguishing the liability of the mortgagor under the mortgage as from the date of acquisition.

(6) A mortgagee who waives his rights to compensation is absolutely debarred from claiming or recovering as mortgagee any compensation or other amount from the Commonwealth.

(7) Waiver of his rights to compensation by a mortgagee, or failure by a mortgagee to claim compensation, does not affect his rights and remedies against the mortgagor or in respect of land included in the mortgage other than the land acquired.

LANDS ACQUISITION ACT 1955-1973 - SECT. 42.
Owner may be required to furnish particulars of mortgages.

SECT

42. (1) The Minister may, by notice in writing served upon the owner of the land, require the owner to furnish the following particulars:-

(a) whether or not the land is subject to a mortgage; and

(b) if the land is subject to a mortgage-

(i) the name and address of the mortgagee;

(ii) the amount of principal due under the mortgage at the date of acquisition; and

(iii) the amount of interest, costs and charges due to the mortgagee under the mortgage at that date.

(2) If the owner of the land fails to furnish the particulars to the Minister within thirty days (or such further period as the Minister in writing allows for that purpose) after the service of the notice, the Minister may agree with any person claiming to be a mortgagee of the land as to the amounts due under the mortgage and the owner is absolutely debarred from disputing the correctness of any amounts so agreed upon.

LANDS ACQUISITION ACT 1955-1973 - SECT. 43.
Interest, &c., paid by mortgagor after date of aquisition.

SECT

Amended by No. 208, 1973, s. 11.
43. Where an amount has been paid to or recovered by a mortgagee under a mortgage in respect of a liability which, upon the making of a claim by the mortgagee, is deemed to have been discharged as from the date of acquisition by virtue of sub-section (5) of section 41-

(a) the mortgagee is liable to repay that amount to the person who paid it; and

(b) the Commonwealth may deduct from the compensation payable to the mortgagee and pay to the person who paid that amount so much of that amount as has not been so repaid, and a payment so made by the Commonwealth shall be deemed to have been made in discharge of the obligation of the mortgagee under the last preceding paragraph.

LANDS ACQUISITION ACT 1955-1973 - SECT. 44.
Court may order stay of proceedings under mortgage.

SECT

44. (1) Where any land acquired under this Act by compulsory process was, at the date of acquisition, subject to a mortgage, and proceedings by the mortgagee in relation to the mortgage were pending at the date of acquisition or are commenced or proposed to be commenced after that date and before compensation has been paid in full to the mortgagor in respect of the acquisition, the High Court or the Supreme Court may, upon the application of the mortgagor and subject to such conditions as it thinks fit, order a stay of those proceedings or enjoin the mortgagee against commencing or continuing those proceedings and make such other orders as it thinks necessary.

(2) In this section, ''proceedings'' means any action to enforce the rights of the mortgagee under the mortgage, whether or not the proceedings are in a court, including action with a view to taking possession of or selling land or foreclosing.

LANDS ACQUISITION ACT 1955-1973 - SECT. 45.
Separate rights of mortgagee and mortgagor to determination of compensation.

SECT

Amended by No. 208, 1973, s. 11.
45. Subject to sub-section (8) of section 28, section 29 and sub-section (2) of section 42, the rights of a mortgagor claiming compensation are not affected by a determination of the compensation payable to a mortgagee, and the rights of a mortgagee claiming compensation are not affected by a determination of the compensation payable to the mortgagor or another mortgagee, unless he was a party to the agreement or proceedings by which the compensation was determined.

LANDS ACQUISITION ACT 1955-1973 - SECT. 46.
Compensation to mortgagee.

SECT

46. (1) The compensation payable to a mortgagee is an amount equal to the sum of-

(a) the principal secured by the mortgage at the date of acquisition; and

(b) any interest, costs or charges due to the mortgagee under the mortgage at that date,
but not exceeding the compensation payable to the mortgagor in respect of the land.

(2) For the purposes of the last preceding sub-section, the compensation payable to the mortgagor shall be deemed to be-

(a) if there was only one mortgage over the land-the compensation that would have been payable to the mortgagor if there had been no mortgage over the land; or

(b) if there were more mortgages than one over the land-the compensation that would have been payable to the mortgagor if there had been no mortgage over the land, less the amount, or the sum of the amounts, of principal, interest, costs and charges due at the date of acquisition to a mortgagee or mortgagees in respect of a mortgage or mortgages having priority over the mortgage in respect of which the compensation is to be determined.
Amended by No. 208, 1973, s. 11.

(3) In addition to the compensation mentioned in sub-section (1), the mortgagee is entitled to payment by the Commonwealth of the following amounts:-

(a) interest upon the amount of principal included in that compensation at the lowest rate (whether for prompt payment or otherwise) provided by the mortgage from the date of acquisition to the date of payment of compensation, or, where payment is delayed through a default of the mortgagee, the date when payment would have been made but for the default; and

(b) if the principal was not repayable (with or without notice) at the date when interest ceases to be payable under this section-

(i) the costs of the mortgagee of re-investing the principal included in the compensation; and

(ii) should a loss of interest reasonably be expected, regard being had to the rate of interest secured by the mortgage and the rate of interest obtained or likely to be obtained on the re-investment-a reasonable allowance for loss of interest until the date on which the principal would have been repayable (with or without notice).

LANDS ACQUISITION ACT 1955-1973 - SECT. 47.
Deduction of mortgagee's compensation from mortgagor's compensation.

SECT

Amended by No. 208, 1973, s. 11.
47. The compensation payable to a mortgagee under sub-section (1) of the last preceding section shall be deducted from the compensation that would have been payable to the mortgagor if the mortgage did not exist, and interest under section 36 is payable to the mortgagor on the reduced amount only.

LANDS ACQUISITION ACT 1955-1973 - SECT. 48.
Execution of discharge.

SECT

Amended by No. 208, 1973, s. 11.
48. Upon payment or tender of the compensation to the mortgagee, he shall, if so required by the mortgagor and at the expense of the mortgagor, execute a discharge of the mortgage debt to the extent to which the mortgage debt is discharged by virtue of sub-section (5) of section 41.

LANDS ACQUISITION ACT 1955-1973 - SECT. 49.
Rights of mortgagor where mortgagee does not claim compensation.

SECT

49. Where a mortgagee does not claim compensation, the mortgagor is entitled to the same compensation as if the mortgage did not exist, and, in addition, to such amount, if any, as he should justly receive as compensation in respect of interest upon the mortgage debt accruing after the date of acquisition or in respect of any other liability to the mortgagee.

LANDS ACQUISITION ACT 1955-1973 - SECT. 50.
Preservation of certain rights of mortgagee.

SECT

50. Where land which is subject to a mortgage is acquired under this Act by compulsory process and the whole or a part of the mortgage debt is not discharged by virtue of this Act, the mortgagee retains, in respect of the whole or that part of the mortgage debt, as the case may be, his rights and remedies against the mortgagor (other than rights and remedies in relation to the land acquired) and in relation to any other land which is subject to the mortgage.

LANDS ACQUISITION ACT 1955-1973 - SECT. 51.

SECT

PART VII-DEALINGS IN LAND VESTED IN THE COMMONWEALTH
Mining leases and licences.
51. (1) The Governor-General may authorize the grant of a lease or licence to a person to mine for metals or minerals on land, situate in a State, which is vested in the Commonwealth.

(2) Subject to such exemptions and modifications as are prescribed, the laws of the State in which the land is situate relating to mining shall, so far as applicable, apply to a lease or licence under this section and to mining carried on under the lease or licence.

LANDS ACQUISITION ACT 1955-1973 - SECT. 52.
Vesting of lands in Commonwealth authorities.

SECT

Amended by No. 208, 1973, s.11.
52. Land vested in the Commonwealth may, if the Minister thinks fit, and upon such terms as he directs, be transferred to and vested in a corporation incorporated by a law of Australia or of a Territory.

LANDS ACQUISITION ACT 1955-1973 - SECT. 53.
Disposal of land.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3; and No. 208, 1973, s. 8.
53.* (1) Where land vested in the Commonwealth is no longer required by the Commonwealth, or is not required for immediate use by the Commonwealth-

(a) the land may be disposed of; or

(b) a lease of or a licence to occupy the land may be granted,
under the authority of the Minister.

(2) The Minister may authorize the grant of easements, or other rights, powers or privileges (other than leases or occupation licences), over or in connexion with, land vested in the Commonwealth.
Amended by No. 208, 1973, s. 11.

(3) Where land has been acquired either by agreement or by compulsory process under this Act or the Acts repealed by this Act and, within seven years after the date of acquisition, it is proposed to dispose of the land in pursuance of paragraph (a) of sub-section (1), regard shall be had to the general principle that, in such cases, the land should, where practicable, be first offered for sale to the former owner at a reasonable price.

(4) The last preceding sub-section does not apply where the Commonwealth has, since the date of acquisition, made substantial improvements to the land.

(5) A person contracting or otherwise dealing with the Commonwealth is not concerned to inquire whether the requirements of this section have been complied with, and the title of such a person to land acquired from the Commonwealth is not affected by any failure to comply with those requirements.
Amended by No. 208, 1973, s. 11.

(6) In this section ''the former owner'', in relation to land means-

(a) where only one person had an interest in the land at the date of acquisition and that person is still alive or, in the case of a company, in existence-that person; or

(b) in any other case-such person or persons (if any) as the Minister, in his absolute discretion, having regard to the interest that existed in the land at the date of acquisition, considers to be fairly entitled to the benefit of sub-section (3) in relation to the land.

LANDS ACQUISITION ACT 1955-1973 - SECT. 54.
Power to dedicate lands.

SECT

54. (1) The Governor-General may, by Proclamation-

(a) set apart for, or dedicate to, a public purpose land which is vested in the Commonwealth, or in an officer or person on behalf of the Commonwealth; and

(b) revoke or alter the setting apart or dedication for or to a public purpose of land so vested, whether set apart or dedicated in pursuance of this section or otherwise.

(2) Land set apart for or dedicated to a public purpose in pursuance of the last preceding sub-section may be vested in trustees upon trust to carry out the purpose for which the land is so set apart or dedicated.

(3) If the setting apart or dedication of land is revoked or altered, the grant, conveyance or transfer of the land to trustees is deemed to be revoked or altered in the like manner, as the case may be, and the trustees shall, when required by the Attorney-General so to do, deliver to him, or to a person specified by him, all documents of title relating to the land for cancellation or amendment accordingly.

LANDS ACQUISITION ACT 1955-1973 - SECT. 55.

SECT

PART VIII-MISCELLANEOUS
Minister may pay rates, &c.
55. Where land is acquired by compulsory process under this Act, the Minister may pay any rates, taxes or assessments charged upon the land and due at the date of acquisition, and the amount of a payment under this section shall be taken into account in determining the compensation payable in respect of the acquisition.

LANDS ACQUISITION ACT 1955-1973 - SECT. 56.
Terms and conditions under which persons may remain in possession of acquired
land.

SECT

Amended by No. 208, 1973, s. 11.
56. Where a person was in possession of land acquired by compulsory process under this Act immediately before the date of acquisition of the land, the Minister may, notwithstanding section 53, enter into an agreement with that person under which that person is permitted to remain in possession of the land on such terms and conditions as are specified in the agreement.

LANDS ACQUISITION ACT 1955-1973 - SECT. 57.
Warrants to obtain possession of land.

SECT

Amended by No. 208, 1973, s. 11.
57.* If a person who is in possession of land vested in the Commonwealth, otherwise than by virtue of a subsisting lease or agreement, refuses or fails, when required by the Minister so to do, to give up possession of the land, or hinders or obstructs the Minister or a person authorized by the Minister in taking possession of the land, a court of summary jurisdiction may, on the application of the Commonwealth, grant a warrant authorizing a Commonwealth Police Officer or other person named in the warrant to enter on the land and deliver up possession of the land to the Commonwealth and for those purposes to use such force and assistance as are necessary.

LANDS ACQUISITION ACT 1955-1973 - SECT. 58.
Costs of producing documents, &c.

SECT

58. Where land is acquired under this Act by compulsory process, the Commonwealth shall pay the reasonable costs, charges and expenses of producing such documents, and making out and furnishing such abstracts and attested copies, as the Crown Solicitor requires.

LANDS ACQUISITION ACT 1955-1973 - SECT. 59.
Payments to be a good discharge.

SECT

59. All payments and deposits made on behalf of the Commonwealth by virtue of this Act are good and valid discharges to the Commonwealth, and the Commonwealth is not bound to see to the application of the money paid or deposited, or to see to the performance of any trusts.

LANDS ACQUISITION ACT 1955-1973 - SECT. 60.
Execution of documents for and on behalf of the Commonwealth.

SECT

Amended by No. 4, 1957, s. 5.
60. All instruments, receipts and documents relating to the acquisition of land or to land vested, or which has been vested, in the Commonwealth may be executed by the Attorney-General for and on behalf of the Commonwealth.

LANDS ACQUISITION ACT 1955-1973 - SECT. 61.
Incorporation of Commonwealth.

SECT

61. For the purposes of acquiring, holding and disposing of land (including land outside Australia) and for all purposes of this Act, the Commonwealth is a body corporate, by the name of ''The Commonwealth of Australia''.

LANDS ACQUISITION ACT 1955-1973 - SECT. 62.
Jurisdiction of courts.

SECT

62. (1) Jurisdiction is conferred on the High Court and the several courts of the Territories, and the several courts of the States are invested with federal jurisdiction, with respect to all matters which, under this Act, may be dealt with by those courts respectively.
Amended by No. 208, 1973, s. 11.

(2) The jurisdiction with which a court of a State is invested by this section is subject to the conditions and restrictions specified in sub-section (2) of section 39 of the Judiciary Act 1903-1955.

LANDS ACQUISITION ACT 1955-1973 - SECT. 63.
Costs.

SECT

63. (1) Subject to this section, the costs of and incidental to proceedings in a court under this Act are in the discretion of the court.
Amended by No. 208, 1973, s. 11; and No. 216, 1973, s. 3.

(2) A court shall not order payment by the Commonwealth of costs of an application under sub-section (5) of section 39.

LANDS ACQUISITION ACT 1955-1973 - SECT. 64.
Delegation.

SECT

64. (1) The Minister or the Attorney-General may, in relation to a matter or class of matters, or in relation to a part of Australia, by instrument published in the Gazette, delegate all or any of his powers or functions under this Act (except this power of delegation), so that the delegated powers and functions may be exercised or performed by the delegate with respect to the matter or class of matters, or the part of Australia, specified in the instrument of delegation.
Sub-section (2) omitted by No. 208, 1973, s. 9.
* * * * * * * *

(3) A delegation under this section is revocable at will by instrument published in the Gazette and no delegation prevents the exercise or performance of a power or function by the Minister or the Attorney-General.

(4) The powers and functions which may be exercised or performed by virtue of a delegation under this section may continue to be exercised or performed notwithstanding the fact that the Minister or the Attorney-General, as the case may be, who gave the delegation has ceased to hold office by death or otherwise, but the delegation may be revoked by the Minister or the Attorney-General, as the case may be, holding office for the time being.

LANDS ACQUISITION ACT 1955-1973 - SECT. 65.
Notice of signatures.

SECT

Amended by No. 208, 1973, s. 11.
65. Notice shall be taken of the signature, to an instrument relating to land, of the Attorney-General or of a person to whom a power or function of the Attorney-General has been delegated under the last preceding section, if the signature purports to be witnessed by an officer of the Attorney-General's Department; and the Registrar-General, Registrar of Titles or other proper officer of the State or Territory in which the land referred to in the instrument is situated may register such an instrument so signed and attested without further proof of the signature of the Attorney-General, delegate or witness, and notwithstanding that the signature is not attested in accordance with the law of that State or Territory.

LANDS ACQUISITION ACT 1955-1973 - SECT. 66.
Service of notices, &c.

SECT

66. (1) A claim, notice or other document required or permitted by this Act to be served on or given to the Minister shall be served or given by post at such address as is prescribed.

(2) A notice or other document required or permitted by this Act to be served on or given to a person by or under the authority of the Minister may be served or given by delivering it to that person personally or by sending it to that person by post at the address of that person last known to the Minister or to a delegate of the Minister.

(3) A notice or other document served or given by post in accordance with the last preceding sub-section shall, where practicable, be sent by avis de r'eception registered post.

LANDS ACQUISITION ACT 1955-1973 - SECT. 66A.
Statutory authorities.

SECT

Inserted by No. 208, 1973, s. 10.
66A. (1) Subject to sub-section (2) and except as otherwise approved by the Minister, the acquisition, including acquisition by agreement, of land required for the purposes of a corporation incorporated by a law of Australia or of a Territory (whether made before or after the commencement of this section) shall be effected under this Act.

(2) This section does not apply in relation to-

(a) a corporation that is a company or an incorporated association, society or body of trustees; or

(b) such other corporations as are specified by the Minister by notice in the Gazette to be corporations in relation to which this section does not apply.

(3) Without prejudice to the obligation of corporations in relation to which this section applies not to acquire land otherwise than in accordance with this section, this section shall not be taken to invalidate an acquisition of land otherwise than in accordance with this section.

LANDS ACQUISITION ACT 1955-1973 - SECT. 67.
Consequential amendments of certain Acts.

SECT

Sub-section (1) amended by No. 208, 1973, s. 11.
67. (1) The Acts specified in the first column of Schedule 1 are amended as respectively set out in the second column of that Schedule.
Amended by No. 208, 1973, s. 11.

(2) An Act specified in the first column of Schedule 2, as amended by this Act, may be cited in the manner specified in the second column of that Schedule opposite to the reference to that Act in the first column.
Amended by No. 208, 1973, s. 11.

(3) Notwithstanding the amendments made by sub-section (1), the provisions of the Acts amended by that sub-section, as in force immediately before the date of commencement of this Act, continue to apply, as if this Act had not been passed, in relation to the acquisition of land acquired or agreed to be acquired before that date and in relation to compensation in respect of any such acquisition or in respect of any other thing done before that date.

LANDS ACQUISITION ACT 1955-1973 - SECT. 68.
Regulations.

SECT

68. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, providing for the giving of evidence by affidavit or statutory declaration in proceedings arising out of this Act.

-----------

LANDS ACQUISITION ACT 1955-1973 - SCHEDULE 1

SCH

Heading amended by No. 208, 1973, s. 11.
SCHEDULE 1
Section 67 (1)

AMENDMENTS OF ACTS ------------------------------------------------------------------------------ --

First Column Second Column

Acts Amended Amendments ------------------------------------------------------------------------------ --
Commonwealth Railways Act 1917-1954, as amended by the Salaries Adjustment Act 1955 Section 63-
Omit from sub-section (2) ''Lands
Acquisition Act 1906-1916'', insert
''Lands Acquisition Act 1955''
Omit from sub-section (3) ''any lands
dedicated, reserved, or set apart for
public parks or recreation grounds'',
insert ''land referred to in sub-section
(2) of section six of the Lands
Acquisition Act 1955'' Lighthouses Act 1911-1949 Section 6A-
Omit from sub-section (3) ''Lands
Acquisition Act 1906'', insert ''Lands
Acquisition Act 1955'' Salaries Adjustment Act 1955 Second Schedule-
Omit-
''Commonwealth
Railways Act
1917-1954 Commonwealth
Railways Act
1917-1955'' Snowy Mountains Hydro-electric Power Act 1949-1952 Section 33-
Omit sub-sections (4) and (5) and
insert the following sub-section:-
''(4) The provisions of section
nineteen of the Lands Acquisition Act
1955 apply in relation to the
determination of compensation payable by
the Authority under this Part in like
manner as they apply in relation to the
determination of compensation payable
under that section, except that the
references in that section to the
Minister and to the Commonwealth shall
be read as references to the
Authority.'' War Service Homes Act 1918-1954 Section 16-
Omit from sub-section (2) ''Lands
Acquisition Act 1906-1916'', insert
''Lands Acquisition Act 1955'' ------------------------------------------------------------------------------ --

LANDS ACQUISITION ACT 1955-1973 - SCHEDULE 2

SCH

Heading amended by No. 208, 1973, s. 11.
SCHEDULE 2
Section 67 (2)

CITATION OF ACTS AMENDED ------------------------------------------------------------------------------ --

First Column Second Column ------------------------------------------------------------------------------ --
Commonwealth Railways Act 1917-1954, as amended by the Salaries Adjustment Act 1955 Commonwealth Railways Act 1917-1955 Lighthouses Act 1911-1949 Lighthouses Act 1911-1955 Snowy Mountains Hydro-electric Power Act 1949-1952 Snowy Mountains Hydro-electric Power Act
1949-1955 War Service Homes Act 1918-1954 War Service Homes Act 1918-1955 ------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --

LANDS ACQUISITION ACT 1955-1973 - NOTES


NOTES
1. The Lands Acquisition Act 1955-1973 comprises the Lands Acquisition Act 1955 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Lands Acquisition Act
1955 No. 69, 1955 4 Nov 1955 16 Feb 1956 (see
Gazette 1956, p.
472)
Lands Acquisition Act
1957 No. 4, 1957 15 Apr 1957 15 Apr 1957
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Lands Acquisition Act
1973 No. 208, 1973 19 Dec 1973 19 Dec 1973
Statute Law Revision Act
1973 No. 216,
1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------
2.-Pt. II-As to the application of this Act to the acquisition of land in the Australian Capital Territory, see the Seat of Government (Administration) Act 1910-1973, ss. 7A and 9A, and the Australian Capital Territory and Jervis Bay (Lands Acquisition) Act 1955. As to its application to the Northern Territory, see the Northern Territory (Adminstration) Act 1910-1973, ss. 9 and 11A, and the Northern Territory (Adminstration) Act 1955. As to its application in relation to the acquisition of lighthouses and marine marks, see the Lighthouses Act 1911-1973, s. 6A. As to its application in relation to lands acquired or to be acquired for the purposes of a railway, see the Commonwealth Railways Act 1917-1973, s. 63. As to its application in relation to the acquisition of land for the purposes of the Defence Service Homes Act 1918-1973, see s. 16 of that Act. See also ss. 18, 19, 20 and 33 of the Snowy Mountains Hydro-electric Power Act 1949-1973 as to the powers of the Authority under that Act to purchase land, to take land on lease and to enter upon land.
3.-S. 7-Sub-section 4 (2) of the Lands Acquisition Act 1973 provides as follows:

''(2) Where the acquisition of any land was authorized under section 7 of the Principal Act and was not completed before the date of commencement of this Act, that acquisition may be completed as if the amendments made by this section had not been made.''
4.-S. 17-Sub-section 6 (2) of the Lands Acquisition Act 1973 provides as follows:

''(2) Where, at the date of commencement of this Act, a person was in occupation of land under section 17 of the Principal Act, sections 17, 18 and 19 of the Principal Act continue to apply in relation to the occupation of that land by that person as if the amendment made by this section had not been made.''
5.-S. 36-Sub-section 7 (2) of the Lands Acquisition Act 1973 provides as follows:

''(2) Where an amount of compensation in respect of an acquisition by compulsory process under the Principal Act is paid to the claimant, or deposited in the Treasury, on or after the date of commencement of this Act, interest is payable in accordance with section 36 of the Principal Act as amended by this Act, but as if the rate of interest provided by sub-section (2) of that section were-

(a) in respect of any portion of the period for which interest is payable that preceded the date of commencement of this Act-the rate that would have been applicable to that portion of that period if this section had not been enacted; and

(b) in respect of the portion of that period that commenced on the date of commencement of this Act-the rate that would have been applicable to the whole of that period if the amendments made by this section had come into force before the commencement of that period.''
6.-S. 53-Sub-section 8 (2) of the Lands Acquisition Act 1973 provides as follows:

''(2) Where the disposal of any land, or the grant of a lease of or a licence to occupy any land, was authorized under section 53 of the Principal Act and was not completed before the date of commencement of this Act, that disposal or grant, as the case may be, may be completed as if the amendment made by this section had not been made.''
7.-S. 57-Section 13 of the Airports (Business Concessions) Act 1959-1973 provides as follows:

''13. In the application of section fifty-seven of the Lands Acquisition Act 1955-1957 in relation to land within an airport, references in that section to the Minister shall be read as references to the Minister of State for the time being administering this Act or any Minister or member of the Executive Council for the time being acting for and on behalf of that Minister.''