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]
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
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)
7C Specified circumstances — paragraph 117 (1) (b) of the Act (Albury-Wodonga Development Corporation)
8 Prescribed address (Act s 137)
Schedule 1 Exempt authorities
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Lands Acquisition Regulations 1989.
In these Regulations, unless the contrary intention appears:
the Act means the Lands Acquisition Act 1989.
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.
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.
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.
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.
(regulation 3)
Column 1 | Column 2 |
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 |
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
Year and | Date of notification | Date of | Application, saving or | ||
1989 No. 111 | 7 June 1989 | 9 June 1989 (see Gazette 1989, No. S185) |
| ||
1989 No. 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 | — | ||
1993 No. 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 | — | ||
1995 No. 112 | 6 June 1995 | 6 June 1995 | — | ||
2000 No. 304 | 16 Nov 2000 | 16 Nov 2000 | — | ||
2004 No. 20 | 26 Feb 2004 | 26 Feb 2004 | — | ||
2004 No. 82 | 30 Apr 2004 | 30 Apr 2004 | — | ||
2005 No. 8 | 14 Feb 2005 (see F2005L00220) | 15 Feb 2005 | — | ||
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
R. 1................. | rs. 2000 No. 304 |
R. 4................. | rs. 1990 No. 291 |
R. 4A................ | ad. 1994 No. 389 |
R. 4B................ | ad. 1995 No. 112 |
R. 7................. | rs. 1990 No. 291 |
| rep. 2004 No. 82 |
R. 7A................ | ad. 1994 No. 389 |
R. 7B................ | ad. 1995 No. 112 |
R. 7C................ | ad. 2004 No. 20 |
R. 8................. | rs. 2000 No. 304; 2005 No. 8 |
Schedule 1 |
|
Schedule 1............ | am. 1989 No. 274; 1990 No. 291; 1993 Nos. 56 and 325; 1995 No. 110 |
Schedule 2 |
|
Schedule 2............ | rep. 2000 No. 304 |