Lands Acquisition Regulations 1989

Statutory Rules 1989 No. 111 as amended

made under the

This compilation was prepared on 14 February 2005
taking into account amendments up to SLI 2005 No. 8

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

                        1  Name of Regulations [see Note 1]                                        3

                        2  Interpretation                                                                      3

                        3  Exempt authorities                                                             3

                        4  Specified circumstance — paragraph 21 (1) (b) of the Act      3

                      4A  Specified circumstances — paragraph 21 (1) (b) of the Act (Pipeline Authority and its subsidiaries)                                                                                      3

                      4B  Specified circumstances — paragraph 21 (1) (b) of the Act (defence housing)     3

                        5  Interest payable on compensation — interests other than mortgage interests      4

                        6  Interest payable in compensation                                         4

                      7A  Specified circumstances — paragraph 117 (1) (b) of the Act (Pipeline Authority and its subsidiaries)                                                                                      4

                      7B  Specified circumstances — paragraph 117 (1) (b) of the Act (defence housing)    4

                      7C  Specified circumstances — paragraph 117 (1) (b) of the Act (Albury-Wodonga Development Corporation)                                                                    5

                        8  Prescribed address (Act s 137)                                           5

Schedule 1             Exempt authorities                                                        6

Notes                                                                                                            8

1              Name of Regulations [see Note 1]

                These Regulations are the Lands Acquisition Regulations 1989.

2              Interpretation

                In these Regulations, unless the contrary intention appears:

the Act means the Lands Acquisition Act 1989.

3              Exempt authorities

                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.

4              Specified circumstance — paragraph 21 (1) (b) of the Act

                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.

4A           Specified circumstances — paragraph 21 (1) (b) of the Act (Pipeline Authority and its subsidiaries)

                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.

4B           Specified circumstances — paragraph 21 (1) (b) of the Act (defence housing)

                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.

5              Interest payable on compensation — interests other than mortgage interests

                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.

6              Interest payable in compensation

                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.

7A           Specified circumstances — paragraph 117 (1) (b) of the Act (Pipeline Authority and its subsidiaries)

                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.

7B           Specified circumstances — paragraph 117 (1) (b) of the Act (defence housing)

                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.

7C           Specified circumstances — paragraph 117 (1) (b) of the Act (Albury-Wodonga Development Corporation)

                The Act does not apply in relation to the disposal by the Albury-Wodonga Development Corporation of an interest in land for the purpose of managing or disposing of assets under the Albury-Wodonga Development Act 1973.

8              Prescribed address (Act s 137)

                For subsection 137 (1) of the Act, the following address is prescribed:

                Secretary

                Department of Finance and Administration

                John Gorton Building

                King Edward Terrace

                CANBERRA   ACT   2600

Note   Subsection 137 (1) of the Act deals with addresses at which a document is to be given to the Minister.

Schedule 1        Exempt authorities

(regulation 3)

Notes to the Lands Acquisition Regulations 1989

Note 1

The Lands Acquisition Regulations 1989 (in force under the Lands Acquisition Act 1989) as shown in this compilation comprise Statutory Rules 1989 No. 111 amended as indicated in the Tables below.

Under the implementation of the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all legislative instruments to be registered to the Federal Register of Legislative Instruments.  Any legislative instrument made on or after 1 January 2005 is not enforceable unless it is registered. From 1 January 2005 the Statutory Rules series ceased to exist and is replaced with Select Legislative Instruments (SLI).  Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Table of Amendments