Commonwealth: Lands Acquisition Act 1989 (Cth)

Lands Acquisition Act 1989 No. 15, 1989 Compilation No. 20 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Lands Acquisition Act 1989 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Part I—Preliminary 1 Short title 2 Commencement 3 Extension of Act to external Territories 4 Act binds the Crown 5 Operation of Territory laws Part II—Interpretation 6 Definitions 7 Meaning of authorised person Part III—Temporary entry on, and occupation of, land 8 Powers additional to other powers 9 Notice to be given before powers exercised 10 Power to enter on, and examine, land 11 Power to occupy land temporarily 12 Powers in relation to land temporarily occupied 13 Obligations in relation to exercise of powers 14 Order to enforce exercise of powers 15 Exercise of powers not an acquisition of an interest in land Part IV—Acquisition of interests in land 16 Modes of acquisition 17 Nature of interests that may be acquired 18 Authorities with limited powers 19 Steps in acquisition by agreement 20 Steps in acquisition by compulsory process 21 Acquisitions to be in accordance with Act Part V—Pre‑acquisition procedures Division 1—Pre‑acquisition declarations 22 Declaration that land is suitable for acquisition 23 Publication of pre‑acquisition declarations 24 Acquisitions where land required urgently etc. 25 Effect of section 24 certificate on pre‑acquisition declaration Division 2—Reconsideration and review 26 Application for reconsideration of pre‑acquisition declaration 27 Reconsideration of pre‑acquisition declaration 28 Application for review of pre‑acquisition declaration 29 Application of Administrative Review Tribunal Act to applications for review 30 Review of pre‑acquisition declaration 31 Considerations to be taken into account on review 33 Minister to consider Administrative Review Tribunal's recommendations Division 3—Miscellaneous 34 Interpretation 35 Correction of mistakes in authorising documents 36 Consequences of variation of authorising documents 37 Notification of confirmation or revocation of authorising documents 38 Registration of authorising documents 39 Owner of interest in land required to disclose existence of authorising documents Part VI—Acquisition procedures 40 Acquisition by agreement 41 Acquisition by compulsory process 42 Special provision regarding land in public park 43 When pre‑acquisition declaration becomes absolute 44 Notice requiring acquisition 45 Acquisitions not affected by failure to comply with post‑acquisition requirements 46 Disallowance of acquisition of interest in land in public park 47 Entry into possession by acquiring authority 48 Notification of compulsory acquisition declarations 49 Effect of acquisition of mortgage interest on rights of mortgagee 50 Correction of compulsory acquisition declarations 51 Registration of compulsory acquisition declarations Part VII—Compensation for compulsory acquisition of interests in land Division 1—Entitlement to compensation 52 Entitlement to compensation 53 Mortgagees may waive rights in respect of mortgage interests Division 2—Amount of compensation–interests other than mortgage interests 54 Division does not apply in relation to acquisition of mortgage interests 55 Amount of compensation—general principles 56 Meaning of market value 57 Special provision where market value determined upon basis of potential of land 58 No general market for interest acquired 59 Interest affected by planning restriction 60 Matters to be disregarded in assessing compensation 61 Acquisition of a dwelling 62 Interest subject to mortgage 63 Crown land Division 3—Amount of compensation–mortgage interests 64 Interpretation 65 Amount of compensation 66 Particulars of mortgages may be required Division 4—Claims for, and offers of, compensation 67 Claims for compensation 68 Effect of compensation claim in respect of acquisition of mortgage interest 69 Amounts paid in respect of mortgage liabilities extinguished by section 68 70 Minister either to accept claim and offer compensation or to reject claim 71 Rejection of claims—review by Administrative Review Tribunal 72 Rejection of claims—declaration by Federal Court 73 Combination of actions under section 72 and proceedings for determination of compensation 74 Consequences of not seeking review of decision to reject claim 74A Minister may make offer of compensation where no claim is made 75 Person may accept or reject Minister's offer of compensation 76 Minister to reconsider offer of compensation and to make final offer 77 Person may accept or reject Minister's final offer of compensation Division 5—Determination of compensation payable 78 Determination of compensation by pre‑acquisition agreement 79 Determination of compensation by post‑acquisition agreement 80 Determination of compensation by arbitration or by expert 81 Determination of compensation by Administrative Review Tribunal 82 Determination of compensation by Federal Court 83 Persons not entitled to seek determination of compensation by more than one means 84 Separate rights of mortgagee and mortgagor to determination of compensation Division 6—Payment of compensation 85 Advance payment on account of compensation 86 Minister may pay rates etc. 87 Payment of compensation 88 Relationship between advances on account of, and payments of, compensation 89 Repayment of advances where no entitlement to compensation 89A Lands Acquisition Account 90 Crediting of amounts of compensation to the Account 91 Interest payable on compensation—interests other than mortgage interests 92 Interest payable on compensation—mortgage interests Division 7—Courts to ensure just terms 93 Courts to ensure just terms Part VIII—Compensation for exercise of powers under Part III and failure to acquire Division 1—Entitlement to compensation 94 Interpretation 95 Entitlement to compensation—exercise of powers under Part III 96 Entitlement to compensation—pre‑acquisition declaration or section 24 certificate made but acquisition not proceeded with Division 2—Claims for, and offers of, compensation 97 Claims for compensation 98 Minister either to accept claim and offer compensation or to reject claim 99 Rejection of claims—review by Administrative Review Tribunal 100 Rejection of claims—declaration by Federal Court 101 Combination of actions under section 100 and proceedings for determination of compensation 101A Minister may make offer of compensation where no claim is made 102 Person may accept or reject Minister's offer of compensation 103 Minister to reconsider offer of compensation and to make final offer 104 Person may accept or reject Minister's final offer of compensation Division 3—Determination of compensation payable 105 Determination of compensation by agreement 106 Determination of compensation by arbitration or by expert 107 Determination of compensation by Administrative Review Tribunal 108 Determination of compensation by Federal Court 109 Persons not entitled to seek determination of compensation by more than one means Division 4—Payment of compensation 110 Advance payment on account of compensation 111 Payment of compensation 112 Relationship between advances on account of, and payments of, compensation 113 Repayment of advances where no entitlement to compensation 114 Crediting of amounts of compensation to the Account 115 Interest payable on compensation Part IX—Persons with limited powers to deal with interests in land 116 Federal Court may approve certain acts Part X—Dealings in land vested in acquiring authorities 117 Disposals to be in accordance with Part 118 Vesting of interests in Commonwealth authorities 119 Disposal of interests in land 120 Disposal may be made subject to reservation of interest 121 Interest in land to be offered first to former owner 122 Dedication for public purpose 123 Expungement of easements 124 Mining etc. on certain land Part XI—Interests in overseas land 125 Minister to approve acquisition, disposal etc. of interests in overseas land Part XII—Miscellaneous 126 Indexation of subsection 61(2) amount 127 General power of Federal Court to adjust rights 128 Federal Court may order stay of proceedings under mortgage 129 Power of Federal Court to extend time limits 130 Jurisdiction of Federal Court 131 Award of costs in Administrative Review Tribunal proceedings 132 Orders to obtain possession 133 Injunctions 134 Effect of conveyance of Crown land 135 Payments to be a good discharge 136 Execution of documents for and on behalf of Commonwealth 137 How documents are to be given 138 Notice of signatures 139 Delegation 140 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the acquisition of land by the Commonwealth and certain authorities and dealings with land so acquired, and for other purposes Part I—Preliminary 1 Short title This Act may be cited as the Lands Acquisition Act 1989. 2 Commencement This Act commences on a day to be fixed by Proclamation. 3 Extension of Act to external Territories This Act extends to every external Territory. 4 Act binds the Crown This Act binds the Crown in each of its capacities. 5 Operation of Territory laws (1) Subject to this section, where: (a) a law of a Territory authorising the acquisition or disposal of land, or the acquisition or disposal of interests in land, is in force; (b) that law would, but for this subsection, apply to the acquisition or disposal, by an authority, of an interest in particular land; and (c) this Act requires that the Authority acquire or dispose of the interest in accordance with this Act; the law of the Territory does not apply to that acquisition or disposal. (2) If a provision referred to in section 21A of the Christmas Island Act 1958 is in operation, this Act does not apply to anything dealt with by the provision. (2A) If a provision referred to in section 18B of the Cocos (Keeling) Islands Act 1955 is in operation, this Act does not apply to anything dealt with by the provision. (3) If a provision referred to in section 62 of the Norfolk Island Act 1979 is in operation, this Act does not apply to anything dealt with by the provision. (4) Except as provided by subsection (1), this Act is not intended to affect the making or operation of a law of a Territory of a kind referred to in paragraph (1)(a). Part II—Interpretation 6 Definitions In this Act, unless the contrary intention appears: Account means the Lands Acquisition Account continued in existence by section 89A. acquiring authority means: (a) the Commonwealth; or (b) a Commonwealth authority. Australia includes the external Territories. authorised person has the meaning given by section 7. authority does not include: (a) a body politic; (b) an incorporated association or society; (c) an incorporated company; or (d) a body of trustees. Commonwealth authority means an authority: (a) that is incorporated by or under a law of the Commonwealth or by or under a law of a Territory, other than: (i) an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988; (ii) a law of the Northern Territory; and (b) that is not declared by the regulations to be an exempt authority. compensation claim form means a form approved by the Minister for the purposes of subsection 67(2). Court or Federal Court means the Federal Court of Australia. Crown land means land the property of the Commonwealth, a State or a Territory. dispose includes grant or create. interest, in relation to land (including overseas land), means: (a) any legal or equitable estate or interest in the land; (b) a restriction on the use of the land, whether or not annexed to other land; or (c) any other right (including a right under an option and a right of redemption), charge, power or privilege over or in connection with the land or an interest in the land; and includes the interest of the Commonwealth, a State or a Territory in Crown land. land means land in Australia. mortgage means a security over an interest in land (including overseas land) securing the payment or repayment of money. mortgagee, in relation to a mortgage, means the person who is or was entitled to receive payment or repayment of the money secured by the mortgage. mortgage interest means the interest in land of a mortgagee under a mortgage. mortgagor, in relation to a mortgage, means the person who is or was the owner of the interest in land subject to the mortgage. overseas land means land outside Australia. planning instrument means an instrument made under a law of the Commonwealth, a State or a Territory that relates to town planning or use of land. pre‑acquisition declaration means a declaration under subsection 22(1). public park means land that, under a law of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or national park or otherwise for the purposes of public recreation. public purpose means a purpose in respect of which the Parliament has power to make laws and includes, in relation to land in a Territory, any purpose in relation to the Territory. Tribunal means the Administrative Review Tribunal. unreviewable pre‑acquisition declaration means a pre‑acquisition declaration that includes a statement under subsection 22(6). 7 Meaning of authorised person A person is an authorised person for the purposes of a provision of this Act if: (a) the Minister has, by writing, authorised the person to act under the provision; or (b) the Minister has, by writing, authorised the holder or occupier of a particular office or position to act under the provision and the person holds or occupies, or is performing the duties of, the office or position. Part III—Temporary entry on, and occupation of, land 8 Powers additional to other powers The powers conferred by this Part are in addition to, and not in derogation of, the powers conferred by any other law of the Commonwealth or of a Territory. 9 Notice to be given before powers exercised (1) A person shall not exercise a power conferred by this Part in relation to particular land unless: (a) the person has given written notice of his or her intention to exercise the power to each person whom the person believes, after diligent inquiry, to have an interest in the land, other than an interest under a mortgage, charge or other similar security; and (b) at least 7 days have elapsed since the requirements of paragraph (a) were satisfied. (2) A notice shall: (a) set out particulars of the intended exercise of the power in relation to the land; (b) give reasons for the exercise of the power; and (c) include a statement to the effect that a person to whom the notice is given may, because of the exercise of the power, be entitled to compensation in accordance with Part VIII. 10 Power to enter on, and examine, land An authorised person may, for the purpose of ascertaining whether land is suitable for a public purpose or of obtaining information in relation to land that, in the opinion of the authorised person, is, or may be, suitable for a public purpose: (a) enter upon the land, or upon adjoining land, with such persons, vehicles and things as are reasonably necessary for the purpose; and (b) make surveys, take levels, dig or bore into the land, examine the soil and do, in relation to the land, any other thing reasonably necessary for the purpose. 11 Power to occupy land temporarily (1) Where an acquiring authority holds an interest in land (in this section called the authority land), an authorised person may, with such other persons as are reasonably necessary, enter upon other land (in this section called the neighbouring land) being land within a distance of 500 metres from the nearest boundary of the authority land, and may temporarily occupy the neighbouring land for so long as is reasonably necessary for the purposes of any works connected with the carrying out of a public purpose. (2) Subsection (1) does not apply to neighbouring land: (a) that is a garden, orchard or plantation attached to, or belonging to, a house; (b) that is a park, planted walk or avenue or ground ornamentally planted; or (c) that is less than 500 metres from a dwelling‑house of the occupier of the neighbouring land. 12 Powers in relation to land temporarily occupied (1) While land is temporarily occupied under section 11, an authorised person may, in connection with the carrying out of a public purpose: (a) construct, build or place any plant, machinery, equipment or goods on the land; (b) take from, or deposit on, the land sand, clay, stone, earth, gravel, timber, wood or other materials or goods; (c) make roads, cuttings or excavations on the land; (d) erect buildings (including workshops and sheds) of a temporary character on the land; and (e) manufacture or work materials of any kind on the land. (2) The power to take sand, clay, stone, earth or gravel is not exercisable in respect of a quarry, brick pit or other like place worked or used for getting materials for the purpose of sale. (3) An authorised person shall not exercise powers under subsection (1) so as to: (a) close, divert or narrow, or break the surface of, a road; (b) alter the position of any water, sewerage or gas main or pipe; or (c) alter the position of any electricity cable or wire; or (d) alter the position of any line (within the meaning of the Telecommunications Act 1997); unless the authorised person has given reasonable notice, in writing, of his or her intention to do so to the authority responsible for the road, main, pipe, cable, wire or line. 13 Obligations in relation to exercise of powers An authorised person exercising powers under this Part shall: (a) take all reasonable steps to ensure that the exercise of the powers causes as little detriment and inconvenience, and does as little damage, as is practicable to the land and to anything on, or growing or living on, the land; (b) remain on the land only for such period as is reasonably necessary; (c) remove from the land at the end of the occupation all plant, machinery, equipment, goods or structures brought onto, or erected on, the land other than any of those things that the owner or occupier agrees may be left on the land; and (d) leave the land, as nearly as practicable, in the condition in which it was immediately before it was occupied. 14 Order to enforce exercise of powers (1) Where: (a) an authorised person is entitled to exercise powers under this Part in relation to land; and (b) another person (in this section called the obstructing person) has hindered or obstructed, is hindering or obstructing, or proposes to hinder or obstruct the authorised person in the exercise of any of those powers; a court of summary jurisdiction may, on the application of the authorised person, make an order authorising a member of the Australian Federal Police or other person named in the order to use such assistance and force as are reasonably necessary to enable those powers to be exercised. (2) A copy of an application under subsection (1) shall be given to the obstructing person and that person is entitled to appear and be heard on the hearing of the application. 15 Exercise of powers not an acquisition of an interest in land The exercise of a power under this Part does not constitute the acquisition of an interest in land for the purposes of this Act. Part IV—Acquisition of interests in land 16 Modes of acquisition An interest in land may be acquired under this Act: (a) by agreement under section 40; or (b) by compulsory process under section 41. 17 Nature of interests that may be acquired (1) The interests that may be acquired under this Act are: (a) a legal or equitable estate or interest in land; and (b) any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with, land or an interest in land. (2) Those interests include: (a) an interest of the Commonwealth, a State or a Territory in Crown land; (b) an interest that did not previously exist in relation to particular land; (c) an easement in gross; and (d) a restriction on the use of the land, whether or not annexed to particular land. 18 Authorities with limited powers Nothing in this Act gives to an authority a power (for example, a power to hold an interest in land) that the authority does not otherwise have. 19 Steps in acquisition by agreement (1) The principal steps in an acquisition by agreement are: (a) the making of a pre‑acquisition declaration under Part V; (b) any reconsideration or review of the pre‑acquisition declaration under Part V; (c) the authorisation of the acquisition under section 40; (d) the making of the agreement under Part VI; and (e) the taking of actions required by the agreement to complete the acquisition. (2) The making of a pre‑acquisition declaration is not required if: (a) the relevant interest is available in the market within the meaning of section 40; (b) the interest to be acquired is owned by another acquiring authority; or (c) a certificate has been given under section 24. 20 Steps in acquisition by compulsory process (1) The principal steps in an acquisition by compulsory process are: (a) the making of a pre‑acquisition declaration under Part V; (b) any reconsideration or review of the pre‑acquisition declaration under Part V; and (c) the making of an acquisition declaration under Part VI. (2) The making of a pre‑acquisition declaration is not required if a certificate has been given under section 24. 21 Acquisitions to be in accordance with Act (1) Subject to subsection (2), an acquiring authority shall not acquire an interest in land otherwise than in accordance with this Act unless: (a) because of subsection 5(2), (2A) or (3), this Act does not apply in relation to the acquisition; (b) the regulations provide that this Act does not apply in relation to the acquisition, by the acquiring authority, of interests in land in specified circumstances and the acquisition is an acquisition in those circumstances; (c) the acquisition is authorised by a law of the Commonwealth (including a law passed or made after the commencement of this Act) and that law, or another law of the Commonwealth, expressly provides that the first‑mentioned law has effect despite anything contained in this Act; (d) the acquisition consists of the taking of a mortgage, charge or other similar security over an interest in land; (e) the acquisition is effected by a law of the Commonwealth; or (f) the interest is acquired otherwise than compulsorily or by agreement. (2) Nothing in this Act prevents the benefit of a restriction on the use of land becoming vested in an authority by the operation of a law other than this Act. (3) Despite subsection 12(1) of the Legislation Act 2003, regulations made for the purpose of paragraph (1)(b) of this section may provide that the regulations commence on a day to be fixed by the Minister by notice published in the Gazette. (4) The Minister must not fix a date for the purpose of subsection (3) that is earlier than: (a) the last day on which a notice could be given under subsection 42(1) of the Legislation Act 2003 in relation to the regulations; or (b) if such a notice is given, the latest day on which the regulations could be disallowed by a House of the Parliament in which such a notice has been given. Part V—Pre‑acquisition procedures Division 1—Pre‑acquisition declarations 22 Declaration that land is suitable for acquisition (1) The Minister may declare in writing that the Minister is considering the acquisition by an acquiring authority of an interest in land (other than a mortgage interest) for a public purpose. (2) The declaration shall identify the acquiring authority, the land, the interest in the land and the public purpose. (3) Except where the interest is a restriction on the use of land, the Minister shall include in the declaration: (a) a statement that the land appears to the Minister to be suitable for use, or for development for use, for a public purpose; and (b) a statement setting out: (i) particulars of the use to which the land will be put or for which it will be developed; and (ii) the reasons why the land appears to be suitable for that use or for development for that use. (4) Where the interest is a restriction on the use of land, the Minister shall include in the declaration: (a) a statement that it appears to the Minister to be appropriate for the acquiring authority to be given, for a public purpose, the benefit of the restriction on the use of the land; and (b) a statement: (i) explaining the nature of the restriction; and (ii) setting out the reasons why it is appropriate for the acquiring authority to be given the benefit of the restriction. (5) The Minister may include in the declaration a statement that the proposed use of the land, or the proposed restriction on the use of the land, as the case may be, is connected with the implementation of a policy particulars of which are set out in the declaration. (6) If the Minister includes in the declaration a statement under subsection (5), the Minister may also include a statement: (a) that it is essential, for the implementation of the policy referred to in the statement under subsection (5), that the interest in the land be acquired; and (b) that the declaration is, for that reason, not subject to review by the Administrative Review Tribunal. (7) The Minister shall give a copy of the declaration to each person whom the Minister believes, after diligent inquiry, to be a person affected by the declaration, together with: (a) a sketch showing the location of the land to which the declaration relates; and (b) a statement setting out a summary of the principal rights conferred by this Act on persons whose interests in land are affected by a pre‑acquisition declaration. (8) If documents referred to in subsection (7) are required to be given to 2 or more persons, the Minister shall, as far as practicable, ensure that the documents are given to the persons at or about the same time. (9) The declaration ceases to be in force if: (a) the interest is acquired under this Act; (b) the declaration is revoked; or (c) the declaration ceases to have effect because of section 25 or subsection 44(2) or 46(3). (10) For the purposes of this Act, a person shall be taken to be affected by the declaration if, and only if: (a) the person is an owner of the interest in land specified in the declaration (in this subsection called the declaration interest); or (b) the person is an owner of some other interest in land that, if the declaration interest were acquired by compulsory process, would be in whole or in part divested, extinguished or diminished because of paragraph 41(4)(b). (11) For the purposes of this Act, an interest in land shall be taken to be affected by the declaration if, and only if: (a) the interest is the same as, includes or is included in, the interest in land specified in the declaration (in this subsection called the declaration interest); or (b) the interest is some other interest in land that, if the declaration interest were acquired by compulsory process, would be in whole or in part divested, extinguished or diminished because of paragraph 41(4)(b). 23 Publication of pre‑acquisition declarations As soon as practicable after the making of a declaration under section 22, the Minister shall cause a copy of the declaration to be published in the Gazette and, if practicable, in a newspaper circulating in the district in which the relevant land is situated. 24 Acquisitions where land required urgently etc. (1) Where, in relation to the proposed acquisition of an interest in land by an acquiring authority, the Minister is satisfied that: (a) there is an urgent necessity for the acquisition and it would be contrary to the public interest for the acquisition to be delayed by the need for the making, and the possible reconsideration and review, of a pre‑acquisition declaration; or (b) to require the making of a pre‑acquisition declaration in respect of the proposed acquisition would result in a disclosure of information that would be prejudicial to the security, defence or international relations of Australia; the Minister may certify in writing that he or she is so satisfied. (2) The certificate may include such information relating to the proposed acquisition as the Minister considers appropriate. (3) If the Minister gives a certificate, the interest may be acquired by the acquiring authority without the preparation of a pre‑acquisition declaration. (4) The Minister shall: (a) cause a copy of the certificate to be laid before each House of the Parliament within 3 sitting days of that House after the giving of the certificate; and (b) as soon as practicable, cause a copy of the certificate to be served on each person whom the Minister believes, after diligent inquiry, to be a person affected by the certificate. (5) The Minister may cause a copy of the certificate to be published in the Gazette, in a newspaper circulating in the district in which the land is situated, or in both the Gazette and such a newspaper. (6) The certificate ceases to be in force if: (a) the interest is acquired under this Act; (b) the certificate is revoked; or (c) the certificate ceases to have effect because of subsection 46(3). (7) For the purposes of this Act, a person shall be taken to be affected by the certificate if, and only if: (a) the person is an owner of the interest in land to which the certificate relates (in this subsection called the certificate interest); or (b) the person is an owner of some other interest in land that, if the certificate interest were acquired by compulsory process, would be in whole or in part divested, extinguished or diminished because of paragraph 41(4)(b). 25 Effect of section 24 certificate on pre‑acquisition declaration Where, after a pre‑acquisition declaration has been made, the Minister gives a certificate under section 24 in relation to the same interest in land, the pre‑acquisition declaration immediately ceases to have effect. Division 2—Reconsideration and review 26 Application for reconsideration of pre‑acquisition declaration (1) A person affected (within the meaning of subsection 22(10)) by a pre‑acquisition declaration may apply to the Minister for a reconsideration of the declaration. (2) An application: (a) shall be in writing; and (b) shall set out the reasons for the application. (3) Subject to subsection (4), an application shall be made: (a) if subsection 22(7) required that a copy of the declaration be given to the person—within 28 days after the day on which the copy was given to the person; or (b) in any other case—within 28 days after the first day on which the Minister has complied with the requirements of subsection 22(7) and section 23 in relation to the declaration. (4) The Minister may, by writing and before the end of the period within which the person would otherwise be required to make an application, agree to an extension of that period. 27 Reconsideration of pre‑acquisition declaration (1) Where the Minister receives an application for a reconsideration of a pre‑acquisition declaration, the Minister shall, having regard to the reasons specified in the application and to any other relevant matters, reconsider the decision to make the declaration and shall, by instrument in writing: (a) confirm the declaration; (b) revoke the declaration; or (c) vary the declaration. (2) The Minister shall not vary the declaration in such a way that an interest in land that was not previously an interest affected (within the meaning of subsection 22(11)) by the declaration becomes an interest so affected. (3) The Minister's decision shall include a statement of the reasons for the decision to confirm, revoke or vary the declaration. (4) Subject to subsection (5), if the Minister does not, within the period of 28 days after receiving the application, make a decision confirming, revoking or varying the declaration, the Minister shall be regarded as having confirmed the declaration on the last day of the period. (5) The person who made the application may, by writing and before the end of the period referred to in subsection (4), agree to an extension of that period. 28 Application for review of pre‑acquisition declaration (1) Subject to this section, where under section 27: (a) the Minister has confirmed, or is to be regarded as having confirmed, a pre‑acquisition declaration; or (b) the Minister has varied such a declaration; a person affected (within the meaning of subsection 22(10)) by the declaration as so confirmed or varied may apply to the Administrative Review Tribunal for a review of the declaration. (2) Subsection (1) does not apply to an unreviewable pre‑acquisition declaration. (3) Despite subsections 19(2) and (3) of the Administrative Review Tribunal Act 2024, the Tribunal must not extend the period within which a person may apply to the Tribunal for review of the declaration after the period expires. 29 Application of Administrative Review Tribunal Act to applications for review (1) Subject to subsection (2), the Administrative Review Tribunal Act 2024 applies in relation to an application to the Administrative Review Tribunal for review of a pre‑acquisition declaration. (2) Sections 17, 32, 54 and 105 of that Act do not apply in relation to such an application. 30 Review of pre‑acquisition declaration (1) Where an application has been made to the Administrative Review Tribunal for review of a pre‑acquisition declaration, the Tribunal shall make a decision in writing recommending to the Minister that the declaration be confirmed, be revoked or be varied as specified in the decision. (2) The Tribunal shall not recommend a variation that the Minister could not have made on a reconsideration of the declaration under section 27. 31 Considerations to be taken into account on review (1) Subject to this section, the following matters are relevant to the review by the Administrative Review Tribunal of a pre‑acquisition declaration: (a) the nature of the public purpose identified in the declaration; (b) except where the relevant interest in land is a restriction on the use of land: (i) the nature of the proposed use of the relevant land; (ii) the extent to which the proposed use is connected with the public purpose; (iii) the extent to which the proposed use is in the public interest; and (iv) the suitability of the land for, or for development for, the proposed use; (c) where the relevant interest in land is a restriction on the use of land: (i) the nature of the proposed restriction; (ii) the extent to which the proposed restriction is connected with the public purpose; (iii) the extent to which the proposed restriction is in the public interest; and (iv) the appropriateness of the benefit of the proposed restriction being acquired by the acquiring authority; (d) the effect of the acquisition of the interest in land to which the declaration relates upon persons affected (within the meaning of subsection 22(10)) by the declaration; (e) the extent to which the environment in the area in which the relevant land is situated would be affected if the land were used or developed, or the use of the land were restricted, as the case may be, in the manner proposed and, in particular, the extent to which that use or development, or that restriction, would benefit or impair: (i) an area of scenic beauty; (ii) a place of architectural, historical, archaeological, geological or scientific interest; (iii) the conservation of flora and fauna that should, in the public interest, be preserved; (iv) the amenity of the neighbourhood; or (v) public utility services; (f) whether there is some other means of accommodating the relevant acquiring authority's needs; (g) matters contained in a statement given to the applicant under subsection 269(2) or 270(4) of the Administrative Review Tribunal Act 2024 or given to the Tribunal under section 23 or 24 of that Act; (h) practicable methods of avoiding or mitigating any injurious factors; (j) any other matter that the Tribunal determines, on the application of the Minister or the applicant, to be relevant to the review. (2) The following matters are not relevant to the review: (a) the amount of compensation that may be payable under this Act if the acquisition proceeds; (b) the fact that another interest in the land to which the declaration relates, or in other land in the vicinity of that land, has already been acquired. (3) If a statement under subsection 22(5) was included in the declaration, the Tribunal shall not inquire, directly or indirectly, into: (a) the merits of the policy, particulars of which are given in the statement; or (b) the Minister's statement in accordance with that subsection that the proposed use, or proposed restriction on the use, as the case may be, of the relevant land is connected with the implementation of the policy. 33 Minister to consider Administrative Review Tribunal's recommendations (1) Where the Administrative Review Tribunal recommends that the Minister take particular action in relation to a pre‑acquisition declaration, the Minister shall consider the recommendation and shall: (a) by writing accept the recommendation, and take such action (if any) as is necessary to give effect to the recommendation; or (b) by writing reject the recommendation. (2) The Minister is not entitled to reject a recommendation of the Tribunal more than 90 days after the decision of the Tribunal comes into operation. (3) If the Minister rejects the recommendation, the Minister shall cause to be laid before each House of the Parliament, within 3 sitting days of that House after the rejection of the recommendation, a statement of the reasons for the rejection of the recommendation. Division 3—Miscellaneous 34 Interpretation In this Division, authorising document means a pre‑acquisition declaration or a certificate under section 24. 35 Correction of mistakes in authorising documents The Minister may, by writing, vary an authorising document for the purpose of correcting a clerical error or an obvious mistake in the document. 36 Consequences of variation of authorising documents Where, under section 35 or Division 2, the Minister varies an authorising document, the following provisions have effect: (a) anything done in relation to the document before its variation shall be deemed to have been done in relation to the document as varied; (b) the Minister shall cause a copy of the document, clearly showing the variation, to be given to: (i) each person to whom a copy of the original document was given in accordance with a requirement of this Part; and (ii) any other person whom the Minister has reason to believe to be a person affected (within the meaning of subsection 22(10) or 24(7)) by the document as varied. 37 Notification of confirmation or revocation of authorising documents Where the Minister confirms or revokes an authorising document, the Minister shall cause written notice of the confirmation or revocation to be given to each person to whom a copy of the document was given in accordance with a requirement of this Part. 38 Registration of authorising documents (1) As soon as practicable, and, in any event, within 28 days, after an authorising document is made or given, or is varied or revoked, the Secretary of the Department, shall cause to be lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land to which the document relates is situated, a memorandum setting out particulars of the document, or of the variation or revocation, as the case may be. (2) The officer with whom the memorandum is lodged may make such entries in the records kept by the officer as the officer thinks appropriate. 39 Owner of interest in land required to disclose existence of authorising documents (1) Where a copy of an authorising document has been given to a person (in this section called the owner) in accordance with this Part, the owner shall not, at a time when the document is in force, enter into any agreement with another person in respect of the owner's interest in the land to which the document relates without first disclosing to the other person the existence of the document. (2) If the owner enters into an agreement with another person without making a disclosure as required by subsection (1): (a) the other person is entitled, by notice in writing given to the owner, to rescind or terminate the agreement; and (b) if the other person has suffered loss or damage because of the failure to make the disclosure, the owner is liable to pay the amount of the loss or damage to the other person. (3) The rights conferred by subsection (2) are in addition to, and not in derogation of, any other right or remedy under the law of the Commonwealth, a State or a Territory. Part VI—Acquisition procedures 40 Acquisition by agreement (1) The Minister may authorise the acquisition by agreement of an interest in land, other than land in a public park, by an acquiring authority for a public purpose. (2) The acquiring authority may then enter into an agreement for the acquisition of the interest if: (a) a pre‑acquisition declaration in relation to the acquisition has become absolute and is in force; (b) the Minister has given a certificate under section 24 in respect of the acquisition; (c) the interest is available in the market; or (d) the interest is owned by the Commonwealth or a Commonwealth authority. (3) Subject to subsection (3A), the Minister shall cause to be laid before each House of the Parliament, within 15 sitting days of that House after the agreement is entered into, a statement describing: (a) the interest; (b) the situation of the land; (c) the price at which the interest is being, or has been, acquired; and (d) the public purpose for which the interest is being, or has been, acquired. (3A) Subsection (3) does not apply to an agreement for the acquisition of an interest that is available in the market. (4) Failure to comply with subsection (3) in relation to an acquisition does not invalidate the acquisition. (5) The interest shall be taken to be available in the market if: (a) the interest is currently advertised as being available for sale or lease; (b) the interest is currently listed with a real estate agent, property manager or other person performing similar services as being available for sale or lease; (c) the owner of the interest has offered it to the acquiring authority in response to a publicly advertised request by the acquiring authority and the owner's offer has not been withdrawn; or (d) the Minister has certified under subsection (6) that the acquisition of the interest by agreement by the acquiring authority would be a standard commercial transaction. (6) If the Minister is satisfied that the acquisition of an interest in land by an acquiring authority would amount to a normal commercial transaction between parties dealing with each other on equal terms, the Minister may give a certificate stating that the acquisition of the interest by the acquiring authority would be a standard commercial transaction. 41 Acquisition by compulsory process (1) If, in relation to the acquisition of an interest in land by an acquiring authority: (a) a pre‑acquisition declaration has become absolute and is in force; or (b) a certificate has been given under section 24; the Minister may, subject to section 42, declare, in writing, that the interest is acquired by the acquiring authority by compulsory process. (2) The declaration shall: (a) identify the land concerned; and (b) specify the public purpose for which the interest is being acquired. (3) A copy of the declaration shall be published in the Gazette and, if practicable, in a newspaper circulating in the district in which the land is situated. (4) On the publication in the Gazette of a copy of the declaration, the interest is, by force of this Act: (a) vested in the acquiring authority; and (b) freed and discharged from all other interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates. (5) Where, because of paragraph (4)(b), another interest in the land is, in whole or in part, divested, extinguished or diminished, that other interest shall, to that extent, be taken, for the purposes of this Act (except section 46), to have been acquired by compulsory process. (6) For the purposes of this Act, a person shall be taken to be affected by the declaration if: (a) the person is an owner of the interest identified in the declaration; or (b) the person is an owner of some other interest in the land that, because of paragraph (4)(b), is divested, extinguished or diminished. 42 Special provision regarding land in public park The Minister may not make a declaration under subsection 41(1) regarding an interest in land that consists of, or is in, a public park unless the Government of the State or Territory in which the land is situated has consented to the acquisition of the interest. 43 When pre‑acquisition declaration becomes absolute (1) Where: (a) a pre‑acquisition declaration is in force; and (b) the Minister has complied with the requirements of subsection 22(7), sections 23, 36 and 37 and subsection 38(1) in relation to the declaration; the declaration becomes absolute in accordance with this section. (2) If no application for reconsideration has been made, the declaration becomes absolute at the end of 28 days after the last day on which such an application could have been made. (3) If: (a) the declaration is an unreviewable declaration; and (b) as a result of one or more applications for reconsideration, the declaration has been confirmed or varied; the declaration, as confirmed or varied, becomes absolute at the end of 28 days after the day, or the last day, as the case may be, on which the declaration was confirmed or varied. (4) If: (a) the declaration is reviewable by the Administrative Review Tribunal; (b) as a result of one or more applications for reconsideration, the declaration has been confirmed or varied; and (c) no application has been made for review of the declaration by the Tribunal; the declaration, as confirmed or varied, becomes absolute at the end of 28 days after the last day on which an application for review could have been made. (5) If: (a) the declaration is reviewable by the Administrative Review Tribunal; (b) as a result of one or more applications for reconsideration, the declaration has been confirmed or varied; (c) one or more applications have been made for review, by the Tribunal, of the declaration as so confirmed or varied; and (d) the Minister has complied with the requirements of subsection 33(1) in relation to the recommendation or recommendations made by the Tribunal and, in complying with those requirements, did not revoke the declaration; the declaration, as confirmed or varied on reconsideration and, if applicable, as further varied by the Minister under subsection 33(1), becomes absolute at the end of 28 days after the first day on which the Minister had complied with those requirements in relation to the recommendation or recommendations. 44 Notice requiring acquisition (1) Where: (a) at least 28 days have elapsed since a pre‑acquisition declaration became absolute; (b) the declaration is still in force; and (c) the interest in land to which the declaration relates has not been acquired; a person who is an owner of the interest may, by written notice given to the Minister, require that the interest be acquired. (2) If the interest is not acquired by an acquiring authority within 3 months after the giving of the notice, the declaration ceases to have effect at the end of that period. (3) The person may, in writing and before the end of the period referred to in subsection (2), agree to an extension of that period. 45 Acquisitions not affected by failure to comply with post‑acquisition requirements Once an interest in land has been acquired by compulsory process, the acquisition is not affected by any later failure to comply with a requirement of this Part that relates to the acquisition. 46 Disallowance of acquisition of interest in land in public park (1) Where an acquiring authority has acquired an interest in land in a public park by compulsory process, the Minister shall cause a copy of the declaration under subsection 41(1) to be laid before each House of the Parliament within 14 sitting days of that House after the day on which the copy of the declaration was published in the Gazette. (2) Either House of the Parliament may, within 7 sitting days of that House after a copy of the declaration has been laid before it, pass a resolution disallowing the acquisition. (3) If the Minister fails to comply with subsection (1) or a House of the Parliament passes a resolution disallowing the acquisition: (a) the declaration shall be deemed to be, and always to have been, void; (b) the interest shall be deemed never to have been vested in the acquiring authority; and (c) the pre‑acquisition declaration or certificate under section 24 relating to the acquisition of the interest ceases to be in force. 47 Entry into possession by acquiring authority (1) Where: (a) an interest in land is acquired by an acquiring authority by compulsory process; and (b) the interest entitles the authority to possession of the land; a person occupying the land on the date of acquisition is entitled, subject to this section, to remain in occupation of the land or of such part of the land as the person specifies, by notice in writing given to the Minister, for the period of 6 months or for a longer period fixed by agreement between the Minister and the person. (2) If the Minister is satisfied that it is essential that the acquiring authority enter into possession of the land or part of the land urgently, the Minister may give to the occupier written notice: (a) stating his or her reasons for being so satisfied; and (b) fixing the date on which the person is to vacate the land or part of the land, as the case may be. (3) The person to whom the notice is given ceases to be entitled to remain in occupation of the land, or the part of the land, as the case may be, on the date fixed by the notice. (4) The terms and conditions (including any amount payable in respect of occupation on and after the date of acquisition) on which the person remains in occupation of the land are the terms and conditions agreed upon by the Minister and the person or, if they cannot agree, the terms and conditions as determined by the Minister and set out in a notice given to the occupier. (5) A notice under subsection (2) or (4) shall set out the reasons for the Minister's decision. (6) Application may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (4). (7) Where a right conferred by subsection (1) expires, nothing in this section precludes the making of an agreement between the occupier and the acquiring authority regarding the further occupation of the land by the occupier. 48 Notification of compulsory acquisition declarations The Minister shall, within 14 days after the publication in the Gazette of a declaration under section 41, cause to be given to each person whom the Minister believes, after diligent inquiry, to be a person affected (within the meaning of subsection 41(6)) by the declaration the following documents: (a) a copy of the declaration; (b) a notice: (i) stating that the person appears to be entitled to compensation in respect of the acquisition; and (ii) setting out such other information with respect to the operation of this Act as the Minister considers appropriate; (c) a compensation claim form. 49 Effect of acquisition of mortgage interest on rights of mortgagee Where a mortgage interest is acquired by compulsory process, the mortgagee retains, in respect of so much of the mortgage debt as is not discharged by section 68, any rights and remedies that the mortgagee may have: (a) against the mortgagor; or (b) in respect of any interest in land that is still subject to the mortgage. 50 Correction of compulsory acquisition declarations (1) The Minister may, by notice published in the Gazette, vary a declaration under subsection 41(1) for the purpose of correcting a clerical error, or an obvious mistake, in the declaration. (2) Where the Minister varies a declaration, the following provisions have effect: (a) if a copy of the declaration has been published in the Gazette, or in a newspaper, this Part has effect as if the copy published had been a copy of the declaration as varied; (b) the Minister shall cause a copy of the declaration, clearly showing the variation, to be given to: (i) each person to whom a copy of the original declaration was given in accordance with section 48; and (ii) any other person whom the Minister has reason to believe to be a person affected (within the meaning of subsection 41(6)) by the declaration as varied. 51 Registration of compulsory acquisition declarations (1) As soon as practicable, and, in any event, within 28 days, after the publication in the Gazette of a copy of a declaration under subsection 41(1) or of a notice varying such a declaration, the Secretary of the Department shall cause to be lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the relevant land is situated a memorandum setting out particulars of the declaration, or of the variation, as the case may be. (2) The officer with whom memorandum is lodged may: (a) deal with and give effect to the declaration as if it were a grant, conveyance, or transfer of the acquired interest to the acquiring authority duly executed under the law in force in the State or Territory; and (b) make such entries in the records kept by the officer as are necessary having regard to the effect of subsection 41(4). Part VII—Compensation for compulsory acquisition of interests in land Division 1—Entitlement to compensation 52 Entitlement to compensation A person from whom an interest in land is acquired by compulsory process is entitled to be paid compensation by the Commonwealth in accordance with this Part in respect of the acquisition. 53 Mortgagees may waive rights in respect of mortgage interests (1) The mortgagee under a mortgage may, by written notice given to the Minister, waive the mortgagee's right to any compensation under this Act in respect of the acquisition of a mortgage interest. (2) The Minister may, by written notice given to a mortgagee from whom a mortgage interest has, or may have been, acquired by compulsory process, require the mortgagee, at his or her option: (a) to make a claim under Division 4; or (b) to waive the right to compensation. (3) If a mortgagee does not, within 30 days after a notice is given to the mortgagee or such further period as the Minister, by writing, allows, make a claim for compensation, the mortgagee shall be deemed to have waived the right to compensation in respect of the acquisition of the mortgage interest. (4) A mortgagee who waives the right to compensation in respect of the acquisition of a mortgage interest: (a) is debarred from recovering any compensation from the Commonwealth in respect of the acquisition; but (b) retains, in respect of the mortgage debt, any rights and remedies that the mortgagee may have: (i) against the mortgagor; or (ii) in respect of any interest in land that is still subject to the mortgage. Division 2—Amount of compensation–interests other than mortgage interests 54 Division does not apply in relation to acquisition of mortgage interests This Division does not apply in relation to the acquisition of a mortgage interest. 55 Amount of compensation—general principles (1) The amount of compensation to which a person is entitled under this Part in respect of the acquisition of an interest in land is such amount as, having regard to all relevant matters, will justly compensate the person for the acquisition. (2) In assessing the amount of compensation to which the person is entitled, regard shall be had to all relevant matters, including: (a) except in a case to which paragraph (b) applies: (i) the market value of the interest on the day of the acquisition; (ii) the value, on the day of the acquisition, of any financial advantage, additional to market value, to the person incidental to the person's ownership of the interest; (iii) any reduction in the market value of any other interest in land held by the person that is caused by the severance by the acquisition of the acquired interest from the other interest; and (iv) where the acquisition has the effect of severing the acquired interest from another interest, any increase or decrease in the market value of the interest still held by the person resulting from the nature of, or the carrying out of, the purpose for which the acquired interest was acquired; (b) if: (i) the interest acquired from the person did not previously exist as such in relation to the land; and (ii) the person's interest in the land was diminished, but not extinguished, by the acquisition; the loss suffered by the person because of the diminution of the person's interest in the land; (c) any loss, injury or damage suffered, or expense reasonably incurred, by the person that was, having regard to all relevant considerations, including any circumstances peculiar to the person, suffered or incurred by the person as a direct, natural and reasonable consequence of: (i) the acquisition of the interest; or (ii) the making or giving of the pre‑acquisition declaration or certificate under section 24 in relation to the acquisition of the interest; other than any such loss, injury, damage or expense in respect of which compensation is payable under Part VIII; (d) if the interest is limited as to time or may be terminated by another person—the likelihood of the continuation or renewal of the interest and the likely terms and conditions on which any continuation or renewal would be granted; (e) any legal or other professional costs reasonably incurred by the person in relation to the acquisition, including the costs of: (i) obtaining advice in relation to the acquisition, the entitlement of the person to compensation or the amount of compensation; and (ii) executing, producing or surrendering such documents, and making out and providing such abstracts and attested copies, as the Secretary of the Department requires. 56 Meaning of market value For the purposes of this Division, the market value of an interest in land at a particular time is the amount that would have been paid for the interest if it had been sold at that time by a willing but not anxious seller to a willing but not anxious buyer. 57 Special provision where market value determined upon basis of potential of land Where the market value of an interest in land acquired by compulsory process is assessed upon the basis that the land had potential to be used for a purpose other than the purpose for which it was used at the time of acquisition, compensation shall not be allowed in respect of any loss or damage that would necessarily have been suffered, or expense that would necessarily have been incurred, in realising that potential. 58 No general market for interest acquired (1) This section applies where: (a) an interest in land (in this section called the old land) is acquired from a person by compulsory process; (b) immediately before the acquisition, the person was using the old land, or intended to use the old land, for a purpose other than the carrying on of a business; (c) but for the acquisition, the land would have been, or would have continued to be, used for that purpose; (d) at the time of the acquisition, there was no general demand or market for land used for that purpose; and (e) the person has acquired, or intends to acquire, another interest in other land (in this section called the new land) in substitution for the acquired interest and intends to use the new land for the same purpose. (2) The market value of the acquired interest on the day of acquisition shall be taken to be the greater of: (a) the amount that, apart from this section, would be the market value (if any) of that interest on that day; and (b) the net acquisition cost in relation to the interest in the new land. (3) The net acquisition cost, in relation to the interest in the new land, is the amount calculated in accordance with the formula: where: CA is the amount of the cost, or the likely cost, to the person of the acquisition of the interest in the new land; E is the amount of the expenses and losses incurred, or likely to be incurred, by the person as a result of, or incidental to, ceasing to use the old land and commencing to use the new land for the same purpose; and FI is the present value of any real and substantial saving in recurring costs (relating to land or an interest in land) gained by the person as a result of the relocation. 59 Interest affected by planning restriction (1) This section applies where: (a) an interest in land is acquired from a person by compulsory process; (b) immediately before the acquisition, a planning instrument was in force having the effect of limiting or restricting the permissible use of the land to use for a purpose of a public nature; (c) the planning instrument was made to meet the needs of an acquiring authority; and (d) the planning instrument was not in force in relation to the land at the time the person acquired the interest. (2) In determining the amount of compensation to which the person is entitled in respect of the acquisition of the interest: (a) the limitation or restriction on the use of the land imposed by the planning instrument shall be disregarded; (b) it shall be assumed that the land was subject only to such limitations and restrictions as would have been likely if there had been no proposal to limit or restrict the use of the land to use for the purpose permitted by the planning instrument; and (c) the amount of any compensation paid or payable to the person in consequence of the planning instrument shall be deducted from the compensation to which the person would otherwise be entitled. 60 Matters to be disregarded in assessing compensation In assessing compensation, there shall be disregarded: (a) any special suitability or adaptability of the relevant land for a purpose for which it could only be used pursuant to a power conferred by or under law, or for which it could only be used by a government, public or local authority; (b) any increase in the value of