Australian Capital Territory Current Acts

LANDS ACQUISITION ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   4.      Meaning of authorised person  

   PART 2--TEMPORARY ENTRY ON, AND OCCUPATION OF, LAND

   5.      Powers additional to other powers  
   6.      Notice to be given before powers exercised  
   7.      Power to enter on, and examine, land  
   8.      Power to occupy land temporarily  
   9.      Powers in relation to land temporarily occupied  
   10.     Obligations in relation to exercise of powers  
   11.     Order to enforce exercise of powers  
   12.     Exercise of powers not acquisition of interest in land  

   PART 3--ACQUISITION OF INTERESTS

   13.     Modes of acquisition  
   14.     Nature of interests that may be acquired  
   15.     Authorities with limited powers  
   16.     Steps in acquisition by agreement  
   17.     Steps in acquisition by compulsory process  
   18.     Acquisitions to be in accordance with Act  

   PART 4--PRE-ACQUISITION PROCEDURES

           Division 4.1--Pre-acquisition declarations

   19.     Declaration that land suitable for acquisition  
   20.     Publication of pre-acquisition declarations  
   21.     Acquisitions where land required urgently etc  
   22.     Effect of s 21 certificate on pre-acquisition declaration  

           Division 4.2--Reconsideration of pre-acquisition declaration

   23.     Application for reconsideration of pre-acquisition of declaration  
   24.     Reconsideration of pre-acquisition declaration  
   25.     Notification of confirmation of pre-acquisition declaration etc  

           Division 4.3--Miscellaneous

   26.     Meaning of authorising document in div 4.3  
   27.     Correction of mistakes in authorising documents  
   28.     Consequences of variation of authorising documents  
   29.     Notification of confirmation or revocation of authorising documents  
   30.     Registration of authorising documents  
   31.     Owner of interest in land required to disclose existence of authorising  

   PART 5--ACQUISITION PROCEDURES

   32.     Acquisition by agreement  
   33.     Acquisition by compulsory process  
   34.     When pre-acquisition declaration becomes absolute  
   35.     Notice requiring acquisition  
   36.     Acquisitions not affected by failure to comply with post-acquisition  
   37.     Entry into possession by acquiring authority  
   38.     Notification of compulsory acquisition declarations  
   39.     Effect of acquisition of mortgage interest on rights of mortgagee  
   40.     Correction of compulsory acquisition declarations  
   41.     Registration of compulsory acquisition declarations  

   PART 6--COMPENSATION FOR COMPULSORY ACQUISITION OF INTERESTS IN LAND

           Division 6.1--Entitlement to compensation

   42.     Entitlement to compensation  
   43.     Mortgagees may waive rights in respect of mortgage interests  

           Division 6.2--Amount of compensation—interests other than mortgage interests

   44.     Division 6.2 does not apply in relation to acquisition of mortgage  
   45.     Amount of compensation—general principles  
   46.     Meaning of market value in div 6.2  
   47.     Special provision where market value determined on basis of potential of  
   48.     No general market for interest acquired  
   49.     Interest affected by planning restriction  
   50.     Matters to be disregarded in assessing compensation  
   51.     Acquisition of dwelling  
   52.     Interest subject to mortgage  

           Division 6.3--Amount of compensation—mortgage interests

   53.     Interpretation for div 6.3  
   54.     Amount of compensation  
   55.     Particulars of mortgages may be required  

           Division 6.4--Claims for, and offers of, compensation

   56.     Claims for compensation  
   57.     Effect of compensation claim in respect of acquisition of mortgage  
   58.     Amounts paid in respect of mortgage liabilities extinguished by s  
   59.      Compensation for compulsory acquisition—Executive must accept or reject  
   60.     Effect of ACAT decision  
   61.     Consequences of not seeking ACAT review of decision to reject claim  
   61A.    Executive may make offer of compensation where no claim is made  
   62.     Compensation for compulsory acquisition—person may accept or reject Executive's  
   63.     Compensation for compulsory acquisition—Executive to reconsider offer and make final  
   64.     Compensation for compulsory acquisition—person may accept or reject Executive's  

           Division 6.5--Determination of compensation payable

   65.     Determination of compensation by pre-acquisition agreement  
   66.     Determination of compensation by post-acquisition agreement  
   68.     Persons not entitled to seek determination of compensation by more than 1  
   69.     Separate rights of mortgagee and mortgagor to determination of  

           Division 6.6--Payment of compensation

   70.     Advance payment on account of compensation  
   71.     Executive may pay rates etc  
   72.     Payment of compensation  
   73.     Relationship between advances on account of, and payments of,  
   74.     Repayment of advances where no entitlement to compensation  
   75.     Payment of compensation into trust account  
   76.     Interest payable on compensation—interests other than mortgage  
   77.     Interest payable on compensation—mortgage interests  

           Division 6.7--Courts to ensure just terms

   78.     Courts to ensure just terms  

   PART 7--COMPENSATION FOR EXERCISE OF POWERS UNDER PART 2 AND FAILURE TO ACQUIRE

           Division 7.1--Entitlement to compensation

   79.     Meaning of loss suffered in pt 7  
   80.     Entitlement to compensation—exercise of powers under pt 2  
   81.     Entitlement to compensation—pre-acquisition declaration made but acquisition not  

           Division 7.2--Claims for, and offers of, compensation

   82.     Claims for compensation  
   83.     Executive must accept or reject claim  
   84.     Claimant may accept or reject Executive's offer  
   85.     Executive to reconsider offer and make final offer  
   86.     Claimant may accept or reject Executive's final offer  

           Division 7.3--Determination of compensation payable

   88.     Determination of compensation by agreement  
   90.     Persons not entitled to seek determination of compensation by more than 1  

           Division 7.4--Payment of compensation

   91.     Advance payment on account of compensation  
   92.     Payment of compensation  
   93.     Relationship between advances on account of, and payments of,  
   94.     Repayment of advances where no entitlement to compensation  
   95.     Payment of compensation into trust account  
   96.     Interest payable on compensation  

   PART 7A--COMPENSATION FOR ACQUISITION BY UTILITIES

   96A.    Application of pt 6 and pt 7 to compensation for acquisition by  

   PART 8--PERSONS WITH LIMITED POWERS TO DEAL WITH INTERESTS IN LAND

   97.     Supreme Court may approve certain acts  

   PART 9--DEALINGS IN LAND VESTED IN ACQUIRING AUTHORITIES

   97A.    Meaning of acquiring authority in pt 9  
   98.     Disposals to be in accordance with pt 9  
   99.     Vesting of interests in Territory authorities  
   100.    Disposal of interests in land  
   101.    Disposal may be made subject to reservation of interest  
   102.    Interest in land to be offered first to former owner  
   103.    Extinguishment of easements  
   104.    Mining etc on certain land  

   PART 9A--NOTIFICATION AND REVIEW OF DECISIONS

   104AA.  Definitions—pt 9A  
   104AB.  Internal review notices  
   104AC.  Reviewable decision notices  
   104AD.  Applications for review  

   PART 10--MISCELLANEOUS

   104A.   Trust account  
   105.    Indexation of s 51 (2) amount  
   106.    General power of Supreme Court to adjust rights  
   107.    Supreme Court may order stay of proceedings under mortgage  
   108.    Jurisdiction of Supreme Court  
   109.    Award of costs in ACAT proceeding  
   110.    Orders to obtain possession  
   111.    Injunctions  
   112.    Payments to be good discharge  
   113.    Execution of documents for and on behalf of Executive  
   114.    How documents to be given  
   116.    Delegation  
   117.    Determination of fees  
   118.    Approved forms  
   119.    Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES