Federal Register of Legislation - Australian Government

Primary content

Lands Acquisition Regulations

SR 1989 No. 111 Regulations as amended, taking into account amendments up to SR 1995 No. 112
Registered 29 Mar 2010
Start Date 06 Jun 1995
End Date 15 Nov 2000
Date of repeal 02 Dec 2017
Repealed by Lands Acquisition Regulations 2017

LANDS ACQUISITION REGULATIONS
(#DATE 07:06:1995)

- In force under the Lands Acquisition Act 1989
- Updated as at 7 June 1995
*1* The Lands Acquisition Regulations (in force under the Lands Acquisition Act 1989) as shown in this reprint comprise Statutory Rules 1989 No. 111 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1989 No. 111 7 June 1989 9 June 1989 (see Gazette
1989, No. S185)
274 19 Oct 1989 19 Oct 1989 -
1990 No. 291 21 Sept 1990 21 Sept 1990 -
1993 No. 56 4 May 1993 4 May 1993 -
325 10 Dec 1993 9 Nov 1993 (see r. 1) R. 3
1994 No. 389 25 Nov 1994 25 Nov 1994 -
1995 No. 110 31 May 1995 1 June 1995 -
112 6 June 1995 6 June 1995 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 4 rs. 1990 No. 291
R. 4A ad. 1994 No. 389
R. 4B ad. 1995 No. 112
R. 7 rs. 1990 No. 291
R. 7A ad. 1994 No. 389
R. 7B ad. 1995 No. 112
Schedule 1 am. 1989 No. 274; 1990 No. 291; 1993 Nos. 56 and
325; 1995 No. 110
#ADD 14:6:1995

LANDS ACQUISITION REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Exempt authorities
4. Specified circumstance - paragraph 21 (1) (b) of the Act
4A. Specified circumstances - paragraph 21 (1) (b) of the Act
(Pipeline Authority and its subsidiaries)
4B. Specified circumstances - paragraph 21 (1) (b) of the Act
(defence housing)
5. Interest payable on compensation - interests other than mortgage
interests
6. Interest payable in compensation
7. Specified circumstance - paragraph 117 (1) (b) of the Act
7A. Specified circumstances - paragraph 117 (1) (b) of the Act
(Pipeline Authority and its subsidiaries)
7B. Specified circumstances - paragraph 117 (1) (b) of the Act
(defence housing)
8. Prescribed addresses - subsection 137 (1) of the Act
SCHEDULE 1
EXEMPT AUTHORITIES
SCHEDULE 2
PRESCRIBED ADDRESSES

LANDS ACQUISITION REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Lands Acquisition Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

LANDS ACQUISITION REGULATIONS - REG 2
Interpretation

2. In these Regulations, unless the contrary intention appears:
"the Act" means the Lands Acquisition Act 1989.

LANDS ACQUISITION REGULATIONS - REG 3
Exempt authorities

3. For the purposes of paragraph (b) of the definition of "Commonwealth authority" in section 6 of the Act, each of the authorities specified in Column 2 in Schedule 1 is declared to be an exempt authority.

LANDS ACQUISITION REGULATIONS - REG 4
Specified circumstance - paragraph 21 (1) (b) of the Act

4. The Act does not apply in relation to the acquisition by the Aboriginal and Torres Strait Islander Commission of an interest in land under section 14 of the Aboriginal and Torres Strait Islander Commission Act 1989 for the benefit of, or assistance to, Aboriginal and Torres Strait Islander corporations.

LANDS ACQUISITION REGULATIONS - REG 4A
Specified circumstances - paragraph 21 (1) (b) of the Act (Pipeline
Authority and its subsidiaries)

4A. The Act does not apply in relation to an acquisition by the Pipeline Authority, or a subsidiary company of the Authority, of an interest in land (including land in a public park) by agreement, under the Pipeline Authority Act 1973.

LANDS ACQUISITION REGULATIONS - REG 4B
Specified circumstances - paragraph 21 (1) (b) of the Act (defence housing)

4B. The Act does not apply in relation to the acquisition by the Commonwealth from the Defence Housing Authority of an interest in land, other than a freehold interest, for the purpose of providing housing to meet the operational needs of the Defence Force.

LANDS ACQUISITION REGULATIONS - REG 5
Interest payable on compensation - interests other than mortgage interests

5. For the purposes of subsection 91 (2) of the Act, the rate of interest payable on compensation is the rate that is the assessed secondary market yield, in respect of 5-year non-rebate Treasury bonds, published by the Reserve Bank in respect of a month in respect of which the Commonwealth is liable to pay compensation to the relevant claimant under Part VII of the Act.

LANDS ACQUISITION REGULATIONS - REG 6
Interest payable in compensation

6. For the purposes of subsection 115 (2) of the Act, the rate of interest payable on compensation is the rate that is the assessed secondary market yield, in respect of 5-year non-rebate Treasury bonds, published by the Reserve Bank in respect of a month in respect of which the Commonwealth is liable to pay compensation to the relevant claimant under Part VIII of the Act.

LANDS ACQUISITION REGULATIONS - REG 7
Specified circumstance - paragraph 117 (1) (b) of the Act

7. The Act does not apply in relation to the disposal by the Aboriginal and Torres Strait Islander Commission of an interest in land under section 14 of the Aboriginal and Torres Strait Islander Commission Act 1989 for the benefit of, or assistance to, Aboriginal and Torres Strait Islander corporations.

LANDS ACQUISITION REGULATIONS - REG 7A
Specified circumstances - paragraph 117 (1) (b) of the Act (Pipeline
Authority and its subsidiaries)

7A. The Act does not apply in relation to a disposal by the Pipeline Authority, or a subsidiary company of the Authority, of an interest in land (including land in a public park) by agreement, under the Pipeline Authority Act 1973.

LANDS ACQUISITION REGULATIONS - REG 7B
Specified circumstances - paragraph 117 (1) (b) of the Act (defence housing)

7B. The Act does not apply in relation to the disposal by the Commonwealth of an interest in land, other than a freehold interest, for the purpose of providing housing to meet the operational needs of the Defence Force.

LANDS ACQUISITION REGULATIONS - REG 8
Prescribed addresses - subsection 137 (1) of the Act

8. An address specified in Column 3 of an item in Schedule 2 is, in relation to the State or Territory specified in Column 2 of that item, a prescribed address for the purposes of subsection 137 (1) of the Act.

LANDS ACQUISITION REGULATIONS - SCHEDULE 1

SCH

SCHEDULE 1 Regulation 3
EXEMPT AUTHORITIES
Column 1 Column 2
Item No. Authority
1 Australian Broadcasting Corporation
1A Australian Dairy Corporation
2 Australian Dried Fruits Corporation
3 Australian Honey Board
3A Australian Horticultural Corporation
3B Australian Horticultural Research and Development Corporation
4 Australian Industry Development Corporation
4A Australian Maritime Safety Authority
5 Australian Meat and Livestock Corporation
5A Australian Meat and Livestock Research and Development Corporation
5B Australian National Railways Commission
5C Australian Postal Corporation
5D Australian Securities Commission
5E Australian Shipping Commission
5F Australian Telecommunications Corporation
6 Australian Tobacco Board
7 Australian Wheat Board
8 Australian Wine and Brandy Corporation
9 Australian Wool Corporation
10 Commonwealth Banking Corporation
11 Commonwealth Development Bank
12 Commonwealth Savings Bank
13 Commonwealth Trading Bank
13A Health Insurance Commission
13B Indigenous Land Corporation
14 Joint Coal Board
15 Reserve Bank of Australia
17 Snowy Mountains Hydro-electric Authority
18 Special Broadcasting Service

LANDS ACQUISITION REGULATIONS - SCHEDULE 2

SCH

SCHEDULE 2 Regulation 8
PRESCRIBED ADDRESSES
Column 1 Column 2 Column 3
Item No. State or Territory Prescribed address
1 Australian Capital Australian Property Group
Territory Head Office
G.P.O. Box 1920
Canberra ACT 2601
Telephone: (062) 753 000
Facsimile: (062) 753 821
2 New South Wales Australian Property Group
Locked Mail Bag 40
Post Office
Chatswood NSW 2067
Telephone: (02) 414 8000
Facsimile: (02) 414 7019
3 Victoria Australian Property Group
G.P.O. Box 250B
Melbourne Vic 3001
Telephone: (03) 649 4600
Facsimile: (03) 614 7423
4 Queensland Australian Property Group
G.P.O. Box 2474
Brisbane Qld 4001
Telephone: (07) 225 2581
Facsimile: (07) 229 9376
5 Western Australia Australian Property Group
G.P.O. Box P1233
Perth WA 6001
Telephone: (09) 220 2444
Facsimile: (09) 221 4046
6 South Australia Australian Property Group
G.P.O. Box 1263
Adelaide SA 5001
Telephone: (08) 213 2699
Facsimile: (08) 213 2635
7 Tasmania Australian Property Group
G.P.O. Box 519E
Hobart Tas 7001
Telephone: (002) 205 011
Facsimile: (002) 349 443
8 Northern Territory Australian Property Group
G.P.O. Box 927
Darwin NT 0801
Telephone: (089) 460 700
Facsimile: (089) 818 096