Lands Acquisition Regulations 2017

made under the

Lands Acquisition Act 1989

Compilation No. 2

Compilation date: 13 December 2022

Includes amendments up to: F2022L01626

Registered: 21 December 2022

About this compilation

This compilation

This is a compilation of the Lands Acquisition Regulations 2017 that shows the text of the law as amended and in force on 13 December 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name

3 Authority

5 Definitions

6 Exempt authorities

7 Act does not apply to acquisitions of certain interests in land by the Commonwealth from Defence Housing Australia

8 Interest payable on compensation—interests other than mortgage interests

9 Interest payable on compensation payable under Part VIII of the Act

10 Act does not apply to disposal of certain interests in land by the Commonwealth for defence housing

11 Prescribed address for giving documents to Minister

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Lands Acquisition Regulations 2017.

3  Authority

  This instrument is made under the Lands Acquisition Act 1989.

5  Definitions

  In this instrument:

Act means the Lands Acquisition Act 1989.

6  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 the following table is declared to be an exempt authority.

7  Act does not apply to acquisitions of certain interests in land by the Commonwealth from Defence Housing Australia

  For the purposes of paragraph 21(1)(b) of the Act, the Act does not apply in relation to the acquisition by the Commonwealth of an interest in land, other than a freehold interest, in circumstances where the acquisition:

 (a) is from Defence Housing Australia; and

 (b) is for the purpose of providing housing to meet the operational needs of the Australian Defence Force.

8  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 set out for Commonwealth government 5‑year bonds in the table Capital Market Yields—Government Bonds—Monthly—F2.1, published by the Reserve Bank of Australia, 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.

Note: The table could in 2018 be viewed on the Reserve Bank of Australia website (http://www.rba.gov.au/statistics/tables/#interest‑rates).

9  Interest payable on compensation payable under Part VIII of the Act

  For the purposes of subsection 115(2) of the Act, the rate of interest payable on compensation is the rate set out for Commonwealth government 5‑year bonds in the table Capital Market Yields—Government Bonds—Monthly—F2.1, published by the Reserve Bank of Australia, 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.

Note: The table could in 2018 be viewed on the Reserve Bank of Australia website (http://www.rba.gov.au/statistics/tables/#interest‑rates).

10  Act does not apply to disposal of certain interests in land by the Commonwealth for defence housing

  For the purposes of paragraph 117(1)(b) of the Act, the Act does not apply in relation to the disposal by the Commonwealth of an interest in land, other than a freehold interest, in circumstances in which the disposal is for the purpose of providing housing to meet the operational needs of the Australian Defence Force.

11  Prescribed address for giving documents to Minister

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

  Department of Finance

  1 Canberra Avenue

  FORREST  ACT  2603

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history