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Administered by: Finance
Published Date 20 Jun 2013
Printed Publication Date 20 Jun 2013

 

COMMONWEALTH OF AUSTRALIA

 

Lands Acquisition Act 1989

 

ACQUISITION DECLARATION

 

1.         Acquisition

I hereby declare, pursuant to the provisions of subsection 41 (1) of the Lands Acquisition Act 1989, that all interests in land specified in paragraph 3 are acquired by compulsory process for the public purpose described in paragraph 4.

The Commonwealth of Australia is the acquiring authority.

2.         The Land

This declaration relates to the Land described in the Schedule hereunder ("Land").

3.         The Interest in Land

This declaration relates to the acquisition of all interests in land (including leasehold) and including all improvements on the Land, and all rights to the control, use and flow of water on or below the surface of the Land including the right to extract by use of bores, capture by use of dams and use water,  but excluding all mineral rights and any interest held by:

a.         a distribution network service provider as a result of the exercise of powers under legislation authorising the provider to erect, install, operate and maintain electricity works in respect of overhead and underground transmission lines that cross the Land;

b.         a telecommunications service provider as a result of the exercise of powers under the Telecommunications Act 1997 authorising the provider to erect, install, operate and maintain telecommunications works in respect of underground and above ground telecommunications lines that cross the Land; and

c.         a competent authority as a result of the exercise of powers under legislation authorising the authority to erect, install, operate and maintain works in respect of the provision of gas, water or sewerage in relation to the Land.


4.         Public Purpose

The public purpose of the acquisition is defence.

5.         Pre-acquisition Declaration

This declaration is made following the Pre-acquisition Declaration in relation to the interests in the Land specified in paragraph 3 made on 15 October 2012.

6.         Interpretation

This declaration is to be read and construed subject to the Lands Acquisition Act 1989, and so as not to exceed the power conferred by section 41 of that Act.

If this declaration would, but for this paragraph, be construed as being in excess of the power conferred by section 41 of that Act, it is intended to be valid to the extent to which it is not in excess of that power.

 

 

DATED this                 17th     day of              June                            2013.

 

Signed by the Hon Mark Dreyfus QC MP, Special Minister of State, Minister for the Public Service and Integrity

……………………………………………………

The Hon Mark Dreyfus QC MP

Special Minister of State

Minister for the Public Service and Integrity

 

 

 

 

SCHEDULE

 

Lot 25 in Survey Plan 213742, being the land contained in Grazing Homestead Perpetual Lease 35/9785 (title reference 17647227) County of Liebig and Parish of Tilpal; Lot 46 in Crown Plan LBG40179 (title reference 50239306) County of Liebig and Parish of Tilpal; Lot 53 in Survey Plan 213740 (title reference 50739341) County of Liebig and Parish of Tilpal; and Lot 1771 in Survey Plan 213741 (title reference 50739342) County of Liebig and Parish of Tilpal.

 

The land forms part of property known as ‘The Springs’.  The location of the land is shown hatched on the attached Location Plan.