Tasmania: Land Acquisition Act 1993 (Tas)

Land Acquisition Act 1993 An Act to make provision for the acquisition of land by the Crown, public and local authorities and promoters, to authorize the acquisition of land for undertakings of a public nature, to provide for matters incidental to, and consequential on, that acquisition, and to repeal the Lands Clauses Act 1857, the Lands Resumption Act 1957 and the Public Authorities' Land Acquisition Act 1949 [Royal Assent 3 June 1993] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Land Acquisition Act 1993 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – acquire means purchase or take; acquiring authority or authority means the Crown, a public authority, a local authority or a promoter; arbitrator means a Special Arbitrator or an arbitral tribunal under the Commercial Arbitration Act 2011 , as the case requires; authorized purpose, in relation to the acquisition of land, means a purpose for which the land may be acquired by an acquiring authority; authorized securities means securities in which trustees are authorized to invest trust funds by section 5 of the Trustee Act 1898 ; claimant means a person who claims an entitlement to compensation under this Act; clerk, in relation to an acquiring authority, means – (a) a general manager within the meaning of the Local Government Act 1993 ; (b) (c) the secretary or similar officer of a public authority; or (d) a promoter; or (e) the secretary or similar officer of a promoter; Commission has the same meaning as in the Tasmanian Planning Commission Act 1997 ; convey includes surrender, release, transfer, assign and otherwise assure; Court means the Supreme Court of Tasmania; the Crown includes the Governor and a Minister of the Crown when they are authorized as provided in section 4 ; encumbrance means a charge or encumbrance on land, other than a mortgage; estate, in relation to land, includes any estate, interest, easement, right, title, claim, demand, charge, lien or encumbrance in, over, to or in respect of that land; former owner, in relation to land that has been acquired, means a person who – (a) was an owner of that land when the first notice to treat was served; or (b) became an owner of that land subsequent to that service but before the notice of acquisition in respect of that land was gazetted; Government Department means a Government department established under the State Service Act 2000 or by any other enactment as a Government department within the meaning of that Act; judge means a judge of the Supreme Court; land includes messuages, tenements, hereditaments, buildings attached to the land and any estate in the land; lease includes an agreement for a lease; legal practitioner means an Australian legal practitioner; local authority means the council exercising jurisdiction in the locality to which the context relates; major infrastructure project has the same meaning as in the Major Infrastructure Development Approvals Act 1999 ; notice of acquisition means a notice of acquisition gazetted under section 18 or 70 ; notice of withdrawal means a notice of withdrawal under section 12 ; notice to treat means a notice to treat under section 11 ; owner, in relation to land, means a person who, whether jointly or severally, is seised or possessed of, or entitled to, an estate in the land at any time on and from the day on which a notice to treat in respect of the land is first served on a person until (but not including) the day on which a notice of acquisition in respect of the land is gazetted, and includes a person who is enabled under this Act, any other Act or any instrument to sell or convey the land to an acquiring authority; prescribed rate, in relation to interest on compensation payable by an acquiring authority, means the rate that, on any day, is advised by the Commonwealth as being the weighted average issue yield for the longest term stock in the most recent Treasury bond tender; proclaimed day means the day fixed by proclamation under section 2 ; promoter means a person, other than a public or local authority, empowered by a special Act to execute the works or undertaking authorized by that Act; public authority means a body or authority, whether incorporated or not, established or constituted by or under an Act or under the Royal Prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises persons appointed by the Governor, a Minister of the Crown or another public authority, but does not include a Government Department or a local authority; public purpose means a purpose related to the administration of the Government of this State; purchase means purchase by agreement under this Act; reconvey means convey land taken to its former owner under section 23 (1) ; regulations means regulations made and in force under this Act; Rules of Court means the Rules of Court made under the Supreme Court Civil Procedure Act 1932 and the Civil Process Act 1985 ; Secretary means the Secretary of the Department; special Act means an Act authorizing the acquisition of land for the purpose of an acquiring authority other than the Crown; Special Arbitrator means a Special Arbitrator appointed under section 6 ; subject land means land acquired or being acquired under this Act; take, in relation to land, means take by compulsory process under this Act. (2) In this Act, a reference to the "acquiring authority" or "authority" is a reference to the acquiring authority concerned with or affected by the matter to which the context relates. (3) In this Act, a reference to the relevant Supreme Court Rules is a reference to the Supreme Court Rules 2000 made under the Supreme Court Civil Procedure Act 1932 , as those rules are amended from time to time, and to any rules made in substitution for those rules. 4. Application of Act to acquisition of land by or on behalf of the Crown (1) Land is to be acquired as provided by this Act where the Crown, the Governor or a Minister of the Crown is authorized – (a) by an Act to undertake, construct or provide a public work for which the land is required; or (b) by this Act or any other Act to purchase, acquire or take the land for any purpose. (2) Except to the extent that the provisions of this Act are expressly varied or made inapplicable by an Act referred to in subsection (1) , other than this Act, those provisions – (a) apply to the work or purpose authorized by that Act as far as they are applicable to that work or purpose; and (b) form part of that Act, together with any other Act that is to be incorporated with that Act; and (c) are to be read as one Act with that Act and any other Act so incorporated. (3) The Governor may, by order, authorize a Minister of the Crown to acquire land for a public purpose or public work if there is no statutory authorization to acquire the land as mentioned in subsection (1) . (4) An authorization under subsection (3) is an authorization to the Minister under this Act for the purposes of subsection (1) . (5) An order made under subsection (3) is not a statutory rule within the meaning of the Rules Publication Act 1953 and section 38A (2) (a) of the Acts Interpretation Act 1931 does not apply in relation to it. (6) Except as provided in section 74 , this Act does not affect the right of the Crown to resume land by virtue of a right reserved in the grant of the land, but land that may be so resumed may be acquired under this Act. 5. Application of Act to acquisition of land by an acquiring authority other than the Crown (1) Where an acquiring authority (other than the Crown) is authorized by a special Act to acquire any land required for the purposes of the authority, that land – (a) if it is Crown land, is to be purchased as provided by the Crown Lands Act 1976 ; or (b) if it is not Crown land, is to be acquired as provided by this Act. (2) Except to the extent that the provisions of this Act are expressly varied or made inapplicable by a special Act, those provisions – (a) apply to the purpose authorized by that special Act as far as they are applicable to that purpose; and (b) form part of the special Act, together with any other Act that is to be incorporated with that special Act; and (c) are to be read as one Act with the special Act and any other Act so incorporated. 5A. Certain land may not be acquired Aboriginal land, within the meaning of the Aboriginal Lands Act 1995 , may not be acquired under this Act. 6. Special Arbitrators (1) The Governor may appoint a person as a Special Arbitrator to act as an arbitrator under this Act. (2) A person appointed under subsection (1) is to be a person who, in the opinion of the Governor, has sufficient experience in the assessment of compensation in relation to the acquisition of land to act as an arbitrator. (3) Subject to this section, a Special Arbitrator holds and vacates office subject to such terms and conditions as are specified in the instrument of appointment. (4) A Special Arbitrator may resign office by notice in writing addressed to the Minister. (5) A Special Arbitrator holds office for such term, not exceeding 4 years, as may be specified in the instrument of appointment. (6) . . . . . . . . (7) A Special Arbitrator is to be paid such remuneration and allowances as the Governor determines. 7. Minister to act for the Crown in relation to acquisition of land by the Crown Where this Act authorizes or requires – (a) an agreement to be entered into; or (b) a notice or other document to be served or given; or (c) any other act or thing to be done, including the exercise of a discretion – for the purposes of, or arising out of, the acquisition of land by the Crown, the Minister is, except as otherwise provided by this Act, to enter into the agreement, serve or give the notice or other document, or do that other act or thing on behalf of the Crown. PART 1A - Acquisition of Land by Crown for Private Sector Infrastructure Project 7A. Interpretation: Part 1A For the purposes of this Part – development has the same meaning as in the Land Use Planning and Approvals Act 1993 ; infrastructure means any structure, facility or work arising in connection with the provision to the public or a section of the public of services relating to – (a) water; (b) energy; (c) communications; (d) transport; (e) education; (f) health; (g) emergency response; (h) sewerage; (i) any other service which may be prescribed; permit has the same meaning as in the Land Use Planning and Approvals Act 1993 ; planning authority has the same meaning as in the Land Use Planning and Approvals Act 1993 ; proponent means the person who proposes to construct or operate infrastructure on land acquired pursuant to an order made under this Part, and does not include the Crown; proposed infrastructure, in relation to an order made under section 7B(2) , means the infrastructure which it is proposed to develop on land to which the order relates; Register has the same meaning as in the Land Titles Act 1980 ; Registry of Deeds has the same meaning as in the Registration of Deeds Act 1935 ; sale, in relation to land, means the disposal of land by sale, lease, exchange for proper consideration or any other means; special planning order has the same meaning as in the Land Use Planning and Approvals Act 1993 ; use has the same meaning as in the Land Use Planning and Approvals Act 1993 . 7AB. Application of Part 1A This Part does not apply to the acquisition of land for a major infrastructure project. 7B. Order authorising acquisition of land for purposes of infrastructure to be constructed or operated by private sector (1) The Minister may recommend to the Governor the making of an order authorising the Minister to acquire land for the purposes of infrastructure to be constructed or operated by a person other than the Crown. (2) The Governor may make an order in accordance with a recommendation made under subsection (1) . (3) An order under subsection (2) is to be published in the Gazette. (4) The Minister must cause an order under subsection (2) to be laid before each House of Parliament within the first 10 sitting days of the House after it is so published. (5) An order under subsection (2) is of no effect until it has been approved by both Houses of Parliament. (6) For the purposes of subsection (5) , a House of Parliament is taken to have approved an order under subsection (2) if a copy of it has been laid on the table of that House and – (a) it is approved by that House; or (b) at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or (c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or negatived. (7) As soon as practicable after an order under subsection (2) has taken effect, the Minister must give written notice of the taking effect of the order to – (a) each planning authority with jurisdiction over the land to which the order relates; and (b) each planning authority on which obligations are imposed by the order; and (c) each instrumentality or agency of the Crown on which obligations are imposed by the order; and (d) each owner of land which it is proposed to acquire pursuant to the order. 7C. Conditions precedent to Ministerial recommendation (1) The Minister may not make a recommendation under section 7B(1) that an order be made which authorises the acquisition of land for the purposes of infrastructure to be constructed or operated by a person other than the Crown unless – (a) the Minister has received a report from the proponent which provides a comprehensive description of the proposed infrastructure and contains such information in relation to the proposed infrastructure as may be prescribed; and (b) that report – (i) is accompanied by the written consent of the owner of the land to the making of the proposed order; or (ii) states that it has not been possible to obtain such consent and explains why this has not been possible; and (c) the Minister has given the owner of the land at least 14 days' notice of the Minister's intention to make the recommendation; and (d) the Minister is satisfied that it is in the public interest for the proposed order to be made. (2) In determining whether it is in the public interest for the proposed order to be made, the Minister must have regard to such matters as may be prescribed. 7D. Content of order (1) An order made by the Governor under section 7B(2) is to – (a) identify the proponent; and (b) authorise the Minister to acquire specified land under this Act for the purposes of proposed infrastructure; and (c) describe the proposed infrastructure, specifying – (i) the nature of each use or development which is to occur in connection with the proposed infrastructure on the land which is to be acquired pursuant to the order; and (ii) the parcel of land upon which each such use or development is to occur. (2) An order made by the Governor under section 7B(2) may – (a) declare that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required; and (b) require an instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or any other person with such guidelines or other information as the order may specify by such date as the order may specify; and (c) require the proponent identified in the order to lodge with the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum, in an amount specified in the order and by a specified date, to be forfeited on failure to comply with terms or conditions specified in the order; and (d) require the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date, to cover costs and expenses which may be incurred by the Crown or any person in connection with the acquisition of land pursuant to the order; and (e) require compliance by the proponent or any other person with terms or conditions set out in the order; and (f) authorise the sale by the Crown to the proponent of any specified land the acquisition of which is authorised by the order. 7E. Effect of order (1) An authorisation given to the Minister by an order under section 7B(2) is an authorisation for the purposes of section 4(1) . (2) Land may not be acquired pursuant to an order under section 7B(2) until a permit in connection with the proposed infrastructure has been granted in respect of that land. (3) If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required – (a) section 52(1) of that Act and any provisions of the relevant planning scheme or special planning order which require the giving of notice to the owner of land in respect of which a permit is sought do not apply; and (b) notice of the making of an application for a permit in connection with the development of the proposed infrastructure on the land to which the order relates is, at least 14 days before the making of the application, to be served by the applicant on the owner of the land in respect of which the permit is required. (4) A notice for the purpose of subsection (3)(b) is to contain such information as may be prescribed. (5) If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a planning authority which receives an application for a permit in connection with the proposed infrastructure must not accept that application unless it is satisfied that the requirements of subsections (3) and (4) have been met. (5A) If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a request by the proponent for the amendment of a permit granted in connection with the proposed infrastructure may be made under section 56(1) of the Land Use Planning and Approvals Act 1993 without the consent of the owner of the land to which the permit relates. (6) If an order under section 7B(2) requires any instrumentality or agency of the Crown or planning authority which is specified in the order to provide the proponent or another person by a specified date with such guidelines or other information as the order may specify, the instrumentality, agency or authority to which the requirement is directed must comply with the requirement. (7) If an order under section 7B(2) requires the proponent identified in the order to pay to the Crown a financial assurance in the form of a bond (supported by a guarantee or other security) or specified pecuniary sum to be forfeited on failure to comply with terms or conditions specified in the order, the bond or sum is forfeited to the Crown on – (a) failure to comply with any of those terms or conditions; or (b) failure to apply to a planning authority for a permit for each use or development specified in the order within a period of 12 months from the date of the order or such further period, expiring not more than 24 months from the date of the order, as the Minister may allow; or (c) the lapse under section 53(5) of the Land Use Planning and Approvals Act 1993 of any permit which is granted for a use or development specified in the order. (8) If an order under section 7B(2) requires the proponent identified in the order to pay to the Crown an amount specified in the order by a specified date to cover costs and expenses which may be incurred by the Crown or any person in connection with the acquisition of land pursuant to the order, the amount is a debt due to the Crown from the proponent identified in the order and may be recovered by the Crown from the proponent in any court of competent jurisdiction. 7F. Sale of land acquired pursuant to order (1) Land acquired by the Crown pursuant to an order under section 7B(2) may not be sold unless – (a) the sale of that land has been authorised under section 7D(2)(f) or notice of the proposed sale has been published and approved by each House of Parliament in accordance with section 64 of the Crown Lands Act 1976 ; and (b) a permit has been granted in connection with the development of the proposed infrastructure in respect of the land and – (i) the period specified under section 61 of the Land Use Planning and Approvals Act 1993 for appealing the decision of the planning authority to grant the permit has expired and no appeal has been lodged; or (ii) where such an appeal has been lodged, the appeal has been determined. (2) Section 73(3)(a) does not apply to the sale of land acquired pursuant to an order made under section 7B(2) provided that development in connection with the proposed infrastructure occurs on the land. 7G. Use and development of land acquired pursuant to order (1) Unless written approval is given by the Minister, land which is acquired pursuant to an order under section 7B(2) may only be used or developed in connection with the proposed infrastructure. (2) Unless written approval is given by the Minister, a planning authority may not grant a permit for a use or development on land which is acquired pursuant to an order under section 7B(2) unless that use or development is in connection with the proposed infrastructure. (3) Approval given by the Minister for the purposes of subsection (1) or (2) is to be laid before each House of Parliament within the first 10 sitting days of the House after the approval is given. (4) Subsections (1) and (2) apply whether or not – (a) the Crown is the owner of the land; or (b) the order under section 7B(2) has been revoked. (5) Subsections (1) and (2) cease to apply to land 10 years after the making of the order under section 7B(2) which authorised the acquisition of the land. (6) If the Crown sells land acquired pursuant to section 7B(2) and the use or development of the land is restricted under this section, the Crown must – (a) if the land is under the Land Titles Act 1980 , give notice of the restriction to the Recorder of Titles; and (b) if the land is not under the Land Titles Act 1980 , lodge a notice of the restriction in the Registry of Deeds. (7) A notice for the purposes of subsection (6) is to state when the restriction is to cease. (8) The Recorder of Titles must register a notice under subsection (6)(a) by making an appropriate entry in the Register. 7H. Injurious affection (1) If land to which an order under section 7B(2) relates is injuriously affected by the making of the order, the owner of the land or its purchaser, in the case of land being purchased under a Crown lands contract, is entitled to compensation from the proponent identified in the order for the injurious affection to that land and to other land belonging to that person. (2) A claim by an owner of land for compensation under subsection (1) is to be made within a period of 12 months of the grant of the permit. (3) If not agreed on, a claim for compensation under subsection (1) is to be determined in the same manner as a disputed claim for compensation under this Act as if the proponent identified in the order under section 7B(2) were an acquiring authority within the meaning of this Act. (4) Compensation is not payable under this section in respect of injurious affection for which compensation is otherwise payable under this Act. 7I. Amendment of order (1) The Minister may recommend to the Governor the making of an order which amends an order made under section 7B(2) . (2) Before making a recommendation to the Governor under subsection (1) , the Minister must determine whether the proposed amending order will alter the order made by the Governor under section 7B(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval. (3) The Governor may make an order in accordance with a recommendation made under subsection (1) . (4) An order under subsection (3) is to be published in the Gazette. (5) An order under subsection (3) is to state that the Minister has determined – (a) that the order will not alter the order made by the Governor under section 7B(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval; or (b) that the order will alter the order made by the Governor under section 7B(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval. (6) The Minister must cause an order under subsection (3) to be laid before each House of Parliament within the first 10 sitting days of the House after it is published in the Gazette. (7) An order which includes a statement under subsection (5)(b) is of no effect until it has been approved by both Houses of Parliament. (8) For the purpose of subsection (7) , a House of Parliament is taken to have approved an order under subsection (3) if a copy of it has been laid on the table of that House and – (a) it is approved by that House; or (b) at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or (c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or negatived. 7J. Revocation of order (1) The Minister may recommend to the Governor the making of an order which revokes an order made under section 7B(2) on the ground that – (a) there has been a breach or failure to comply with a requirement, term or condition of the order; or (b) there has been a failure to apply to a planning authority for a permit for each use or development specified in the order within a period of 12 months from the date of the order or such further period as the Minister may have allowed in accordance with section 7E(7)(b) ; or (c) a permit granted for a use or development specified in the order has lapsed pursuant to section 53(5) of the Land Use Planning and Approvals Act 1993 . (2) The Governor may make an order in accordance with a recommendation made under subsection (1) . (3) An order under subsection (2) is to be published in the Gazette. (4) The Minister must cause an order under subsection (2) to be laid before each House of Parliament within the first 10 sitting days of the House after it is so published. (5) No action may be brought against the Crown or any servant or agent of the Crown for loss sustained by reason of the making of an order under subsection (2) . (6) If an order is made under subsection (2) – (a) any permit granted since the making of the order under section 7B(2) for a use or development specified in that order ceases to have effect; and (b) section 73(3)(a) applies to any land acquired by the Crown pursuant to the order under section 7B(2) . PART 2 - Acquisition of Land Division 1 - Methods of acquisition 8. Methods of acquisition Land may be acquired under this Act – (a) by agreement in accordance with Division 2 ; or (b) by compulsory process in accordance with Division 3 . Division 2 - Purchase by agreement 9. Power to purchase by agreement (1) An acquiring authority may agree with an owner of land for the purchase of that land. (2) An owner of land being purchased by an acquiring authority under this section may convey the land without being required to obtain the approval or permission of any local authority or planning authority. (3) The consideration for a purchase under this section is to be the payment of money or any other consideration agreed on between the owner of the land and the acquiring authority. 10. Purchase of surplus land An acquiring authority may enter into an agreement under section 9 for the purchase of land notwithstanding that the land that is the subject of the agreement contains an area in excess of that required for the authorized purpose for which the land is being purchased. Division 3 - Taking by compulsory process 11. Notice to treat (1) An acquiring authority must – (a) take all reasonable steps to ascertain all owners of any land the authority proposes to take and the addresses of those owners; and (b) cause a notice to treat to be served on every owner so ascertained whose address has also been ascertained. (2) A notice to treat is to – (a) be in a form approved by the Secretary; and (b) identify the land to be taken; and (c) contain particulars of the authorized purpose for which that land is being taken; and (d) contain such other particulars as may be prescribed; and (e) specify that the acquiring authority is willing to negotiate for the purchase of the land but, if agreement for the purchase of the land is not reached within 30 days after the service of the notice, the authority may take the land compulsorily; and (f) specify that the owner of the land is entitled to compensation determined in accordance with this Act if the land is taken compulsorily; and (g) specify that the owner is required by this Act to supply the authority with particulars of – (i) the owner's estate in the land; and (ii) all other estates in the land of which the owner has notice; and (h) specify that the owner is prohibited by this Act from carrying out works on, or doing any other act or thing in, or in relation to, the land that will materially vary the nature or value of the land unless the authority has consented to those works or that act or thing. (3) Land is to be identified in a notice to treat by a plan of survey or by any other means that will enable the owner receiving the notice to know the approximate location and extent of the land. (4) An owner who has been served with a notice to treat – (a) must supply the acquiring authority with particulars of the owner's estate in the subject land; and (b) must supply the authority with particulars of all other estates in the subject land of which the owner has notice; and (c) must not, without the consent of the authority, carry out works on, or do any other act or thing in, or in relation to, the subject land that will materially vary its nature or value. (5) The relationship between an owner on whom a notice to treat has been served and the acquiring authority is, except where otherwise provided in this Act, the same as it would have been if, when the notice was served, the owner had agreed to sell to the authority the estate to which the notice related for an amount to be determined under Part 4 . (6) An acquiring authority or an owner on whom a notice to treat has been served does not have any right to enforce performance of the notional contract of sale created by subsection (5) otherwise than as provided by this Act. (7) Where a notice to treat is served on an owner as provided in this section, any other owner of the land to which the notice relates who is unknown, or whose address is unknown, to the acquiring authority is taken to have been served with a notice to treat in respect of that land. 12. Notice of withdrawal (1) An acquiring authority may withdraw a notice to treat by serving a notice of withdrawal if – (a) a notice of acquisition in respect of the land, or a part of the land, identified in the notice to treat has not been gazetted; and (b) an agreement under section 9 or 16 for the acquisition of the land, or a part of the land, has not been made. (2) A notice of withdrawal is to be – (a) in a form approved by the Secretary; and (b) served on every owner of the land, or a part of the land, to which the notice relates who is, and whose address is, known to the acquiring authority immediately before the day on which the authority withdraws the notice to treat. (3) Withdrawal of a notice to treat does not prevent the service of another notice to treat in respect of the same land or a part of the land. (4) Where a notice of withdrawal is served on an owner as provided in this section, any other owner of the land, or a part of the land, to which the notice relates who is unknown, or whose address is unknown, to the acquiring authority is taken to have been served with a notice of withdrawal in respect of that land or part of the land, as the case may be. 13. Registration of notice to treat and notice of withdrawal (1) If all or any of the land, or a part of the land, to which a notice to treat, or notice of withdrawal, relates is subject to the Land Titles Act 1980 , the acquiring authority must lodge with the Recorder of Titles in accordance with section 129 of that Act the documents required by that section. (2) If all or any of the land, or a part of the land, to which a notice to treat or a notice of withdrawal relates is not subject to the Land Titles Act 1980 , the acquiring authority must register the notice or the part of the notice relating to the part of the land that is not subject to that Act– (a) as soon as practicable after the notice, or the first such notice, is served; and (b) as provided by Division III of Part II of the Registration of Deeds Act 1935 . (3) A notice required to be registered under subsection (2) is an instrument for the purposes of the Registration of Deeds Act 1935 . 14. Lapse of notice to treat A notice to treat lapses if – (a) the owner on whom the notice was served does not make an agreement under section 9 (1) ; and (b) the acquiring authority does not cause a notice of acquisition in respect of the land, or a part of the land, referred to in that notice to treat to be published in accordance with section 18 (2) . 15. Taking of land where no agreement for purchase An acquiring authority may, subject to this Act, take an estate in subject land where the owner of that estate does not agree to sell it to the authority within 30 days after being served with a notice to treat. 16. Consent to taking of land (1) The following persons may agree to the taking of land by notice of acquisition: (a) if the land is subject to the Land Titles Act 1980 , a person who has power to sell and convey the fee simple estate in that land; (b) if the land is not subject to the Land Titles Act 1980 – (i) in the case of land that is not subject to a mortgage, a person who has power to sell and convey the fee simple estate in that land; or (ii) in the case of land that is subject to a mortgage and in the possession of the mortgagor, a person who would but for that mortgage have power to sell and convey the fee simple estate in that land; or (iii) in the case of land that is subject to a mortgage and in the possession of the mortgagee, the person who has power to sell and convey the fee simple estate in that land. (2) Where an agreement is made under subsection (1) , an acquiring authority may take the land, or a part of the land, by causing a notice of acquisition to be published in the Gazette notwithstanding that a notice to treat has not been served under section 11 or 66 . (3) An agreement made under subsection (1) binds all owners of the subject land. (4) The provisions of a contract which – (a) relates to the acquisition of subject land; and (b) contains an agreement made under subsection (1) – are valid and effective notwithstanding section 19 and Part 3 . 17. Payment into trust fund by promoter If a notice to treat has been served on an owner of subject land by an acquiring authority that is a promoter and that authority is proposing to take that land, or a part of the land, the acquiring authority must, before gazetting a notice of acquisition in respect of that land or part, as the case may be – (a) obtain from the Valuer-General an estimate of the amount of compensation that is likely to be payable in respect of that land or part; and (b) deposit that amount with the Treasurer to be kept in an account in the Public Account. 18. Notice of acquisition (1) An acquiring authority may cause a notice of acquisition to be published in the Gazette if – (a) a notice to treat in relation to the land, or the part of the land to be acquired, has been served on an owner of subject land; and (b) the documents referred to in section 13 (1) have been lodged with the Recorder of Titles under that section or the notice to treat, or the relevant part of that notice, has been registered under section 13 (2) ; and (c) the notice to treat has not been withdrawn under section 12 ; and (d) no agreement has been made in respect of that land, or a part of the land, under section 9 . (1A) If a notice to treat has been served on an owner of subject land, a notice of acquisition may relate to all of the land, or a part of the land, that is within the boundaries of the subject land shown in the notice to treat. (2) Except as provided in subsection (2A) , a notice of acquisition is to be gazetted after the expiration of 30 days and before the expiration of 6 months– (a) after the day on which the notice to treat was served; or (b) where more than one notice to treat was served, after the day on which the first notice to treat was served. (2A) If a notice of acquisition relates to a major infrastructure project, the notice is to be gazetted after the expiration of 30 days and before the expiration of 18 months – (a) after the day on which the notice to treat was served; or (b) where more than one notice to treat was served, after the day on which the first notice to treat was served. (3) A notice of acquisition – (a) is to be in a form approved by the Secretary; and (b) is to specify the authorized purpose for which the land to which the notice relates is being taken; and (c) where the acquiring authority is not the Crown, is to be signed on behalf of the authority by the clerk or the authority's legal practitioner. (4) An acquiring authority must cause a copy of a notice of acquisition to be laid on the table of each House of Parliament within the first 21 sitting days of the House after the notice is gazetted. (5) Subsection (4) does not apply to a notice of acquisition of land to which section 16 applies. (6) Where a notice to treat has been served on an owner or the Public Trustee pursuant to section 11 or 66 , the failure by the acquiring authority to serve a notice to treat on another owner, or any owner, of the subject land does not invalidate a notice of acquisition. 19. Effect of notice of acquisition (1) On the gazettal of a notice of acquisition, the land – (a) where the acquiring authority is the Crown, revests in the Crown absolutely, freed and discharged from all estates, statutory reservations and dedications, except those that are specified in, or created by, the notice; or (b) where the acquiring authority is not the Crown, vests in the authority for the authorized purpose, freed and discharged from all estates, statutory reservations and dedications, except those that are specified in, or created by, the notice or are reserved to, or held by, the Crown – and the estate of every owner of the land which is not so excepted is converted into a claim for compensation under this Act. (2) The acquiring authority is entitled to possession of subject land on the gazettal of a notice of acquisition. (3) Subsections (1) (b) and (2) do not apply in relation to an acquiring authority which – (a) is a promoter; and (b) has not deposited money with the Treasurer in accordance with section 17 . (4) If an acquiring authority which is a promoter causes a notice of acquisition to be published in the Gazette before it has deposited money with the Treasurer under section 17 – (a) the land specified in the notice vests in the authority for the authorized purposes, freed and discharged from all estates, statutory reservations and dedications, except those that are specified in, or created by, the notice or are reserved to, or held by, the Crown when the money is so deposited; and (b) the authority is entitled to possession of that land when the money is so deposited. 20. Registration of notices of acquisition Within the period of 30 days after a notice of acquisition is gazetted, an acquiring authority must lodge with the Recorder of Titles for registration the documents required by section 126 of the Land Titles Act 1980 . 21. Notice to former owner after acquisition (1) An acquiring authority must, within the period of 30 days after a notice of acquisition is gazetted, serve on every former owner of the land taken – (a) a notice in a form approved by the Secretary; and (b) a copy of the notice of acquisition; and (c) if part only of the former owner's land was taken, a plan of that part of the land; and (d) if the whole of the former owner's land was taken and a plan of the land taken is available, that plan. (2) A notice referred to in subsection (1) (a) is to inform the person on whom it is served that the person, within 6 months after the notice is so served, is entitled to lodge a claim for compensation under this Act. (3) This section does not apply where a notice of acquisition is gazetted pursuant to an agreement referred to in section 16 . 22. Amendment or revocation of notice of acquisition (1) An acquiring authority may, within the period of 6 months after a notice of acquisition is gazetted, amend or revoke that notice if compensation has not been paid in respect of land to which the notice of acquisition relates. (2) A notice of acquisition is to be amended or revoked by publishing in the Gazette a notice in a form approved by the Secretary. (3) Where an acquiring authority amends or revokes a notice of acquisition, the authority must – (a) by notice in writing, inform each former owner of the land specified in the notice of acquisition of the reason for the amendment or revocation and what effect, if any, the amendment or revocation has on his or her claim for compensation; and (b) comply with section 20 as if the notice under subsection (2) were a notice of acquisition; and (c) cause a copy of the notice under that subsection to be laid on the table of each House of Parliament within the first 21 sitting days of the House after it is gazetted. (4) Subsection (3) (c) does not apply to a notice under subsection (2) which amends or revokes a notice of acquisition gazetted pursuant to an agreement referred to in section 16 . (5) Where an acquiring authority amends a notice of acquisition, the amendments are taken to have taken effect on the day on which the notice of acquisition was gazetted. (6) Where an acquiring authority amends a notice of acquisition – (a) an estate in land which was extinguished by the notice of acquisition but which is not extinguished by the notice of acquisition as amended is of full force and effect; and (b) an estate in land, or allodial ownership of land, which was given by the notice of acquisition to an acquiring authority but which would not have been so given by a notice of acquisition in the form of the notice of acquisition as amended is extinguished; and (c) all is to be as if the notice of acquisition had not been gazetted and the notice of acquisition as amended had been gazetted in its stead. (7) On the gazettal of a notice which revokes a notice of acquisition – (a) an estate in land to which that notice relates which existed immediately before the notice of acquisition was gazetted is of full force and effect; and (b) an estate in land, or allodial ownership of land, which was given by the notice of acquisition to an acquiring authority is extinguished; and (c) all is to be as if the notice of acquisition had not been gazetted. 23. Reconveyances in relation to notices of acquisition (1) Subject to subsection (2) , at any time within the period of 6 months after a notice of acquisition is gazetted, the acquiring authority may reconvey to the former owner, wholly or partly, any land that it has acquired by the gazettal. (2) An acquiring authority is not entitled to reconvey any land for which it has paid compensation. (3) Nothing in this section limits the power of an acquiring authority to acquire the whole or any part of the land specified in a notice of acquisition where the land has been reconveyed under subsection (1) . PART 3 - Compensation Entitlement Division 1 - Right to compensation 24. Right to compensation (1) An owner of subject land whose estate in the land is taken, either wholly or in part, under this Act is entitled to compensation under this Act. (2) An owner of land in relation to which a notice to treat has been served is entitled to compensation under this Act if – (a) the notice has been withdrawn or has lapsed; and (b) as a consequence of the service and the withdrawal or lapsing of the notice, the owner has suffered any loss, expense or damage (whether by a person entering into possession of, and using, the land under Part 6 or otherwise). (3) A former owner of subject land is entitled to compensation under this Act if – (a) the notice of acquisition was amended or revoked in accordance with section 22 ; and (b) the former owner has suffered any loss, expense or damage by reason of the proceedings for the acquisition of land and that amendment or revocation. (4) A former owner of subject land is entitled to compensation if – (a) the subject land is reconveyed to that former owner under section 23 ; and (b) the former owner has suffered any loss, expense or damage in relation to the proceedings for acquisition and reconveyance. (5) An owner or occupier of land is entitled to compensation where – (a) an acquiring authority has exercised any of its powers under Part 6 in relation to that land; and (b) the owner or occupier has suffered any damage, loss or expense by reason of – (i) the exercise of those powers; or (ii) action lawfully taken by a person pursuant to authorisation given under section 54 , 54A , 55 or 56 . 25. Mortgagee may waive right to compensation (1) A mortgagee under a mortgage over land taken may waive the mortgagee's right to compensation by notice in writing provided to the acquiring authority. (2) A mortgagee under a mortgage over land taken who waives the right to compensation – (a) cannot recover any compensation under this Act; and (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 estate in land that is still subject to the mortgage. Division 2 - Amount of compensation generally 26. Application of Division 2 This Division does not apply in relation to compensation payable under this Act to a mortgagee under a mortgage over land taken. 27. Basis of compensation (1) In determining compensation under this Act, regard is to be had to the following matters: (a) the market value of the estate of the claimant in the subject land; (b) any special value the estate in the subject land may have to the claimant which is – (i) a financial advantage incidental to the claimant's ownership of that estate, which financial advantage is not to be taken to include the lessening of a tax liability; and (ii) in addition to its market value; (c) the damage caused by severance of the subject land from other land belonging to the claimant; (d) the betterment of other land belonging to the claimant which is caused by the carrying out of, or the proposal to carry out, the authorized purpose; (e) whether other land belonging to the claimant is injuriously affected by the carrying out of, or the proposal to carry out, the authorized purpose; (f) any disturbance relating to any loss or damage suffered, or cost reasonably incurred, by the claimant as a consequence of the taking of the subject land or the operation of a business, or other undertaking, on the subject land; (fa) whether, under any other Act, the claimant or a former owner of the subject land has been paid or awarded any compensation or compensatory costs in connection with the authorised purposes for which it is being acquired. (g) . . . . . . . . (1A) In determining compensation under this Act in relation to the subject land, regard is not to be had to any infrastructure or structure, situated on or in the subject land, that has been, under an Act, lawfully installed by or on behalf of the Crown, a public authority, a local authority or a promoter. (2) Subject to subsection (3) , the betterment of other land referred to in subsection (1) (d) is to be set off against the amount of compensation determined under subsection (1) (a) , (b) , (c) , (e) , (f) and (g) . (3) Where an amount that is set off in respect of the betterment of other land equals or exceeds the amount of compensation that would otherwise be payable by an acquiring authority, no compensation is payable by the authority, nor is anything payable by the claimant to the authority in respect of that betterment. (4) Subsection (1) does not apply in respect of the determination of compensation where the claimant was, on the day on which the notice to treat or the first notice to treat in relation to the land was served, a tenant at will of the subject land who ordinarily used the land as a principal residence. 28. No compensation for disturbance in certain cases No compensation is payable under section 27 (1) (f) where the subject land was not being used for its highest and best use on the day on which the notice to treat, or the first notice to treat, in relation to the land was served. 29. Provisions applicable where land is zoned or reserved for public purpose (1) Where subject land is, by or under any Act, zoned or reserved for a public purpose on the day on which a notice of acquisition in relation to the land is gazetted, and compensation under this Act or any other Act has not previously been paid in respect of that zoning or reservation – (a) any limitation on the use of the land imposed by, or as a consequence of, the zoning or reservation is to be disregarded in making an assessment of compensation under this Act; and (b) it is to be assumed that the land was, on that day, zoned or reserved in such manner as would have been likely if there had been no proposal or requirement for public use. (2) An acquiring authority must apply to the Commission for a determination as to the zoning which would most likely apply if the subject land was not otherwise zoned or reserved for a public purpose where– (a) the appropriate zoning of the land under subsection (1) (b) cannot be readily determined or assumed; or (b) there is disagreement on such appropriate zoning. (3) The Commission may make a determination with respect to an application under subsection (2) . (4) A determination under subsection (3) – (a) is to be provided in a certificate signed by the Commission; and (b) is final. 30. Compensation for principal residence (1) This section applies in relation to a claimant who – (a) had an estate in fee simple in subject land; and (b) ordinarily used that land for a principal residence; and (c) has obtained, or intends to obtain, some other place for a principal residence. (2) Where the highest and best use of subject land was as a principal residence, compensation is to be determined, at the request of the claimant and with the consent of the Valuer-General, on the basis of the reasonable cost of rehousing the claimant as an owner in fee simple, at no cost to the claimant, in a suitable residence of at least equivalent standard and location in this State to that which the claimant has had taken. (3) Notwithstanding that compensation is determined in accordance with subsection (2) , additional compensation may be awarded in respect of any hardship that the claimant may suffer because the claimant cannot establish himself or herself in a suitable residence solely by reason of age, infirmity or want of means. (4) For the purposes of subsections (1) and (2) – (a) a person who is a mortgagee under a mortgage in respect of land that is not subject to the Land Titles Act 1980 and who is not in possession of the land, is taken not to have an estate in fee simple in the land; and (b) a person who is a mortgagor under a mortgage in respect of such land and who is in possession of the land is taken to have an estate in fee simple in the land. 31. Compensation where no general market for interest taken (1) Compensation may be determined by disregarding the market value of subject land and by having regard to an amount ascertained as provided in subsection (2) if – (a) that land was used for a particular purpose, other than the purpose of a principal residence, on the day on which the notice to treat, or the first notice to treat, in respect of that land was served; and (b) the claimant has obtained other land in this State to be used for that particular purpose; and (c) the claimant has obtained the approval of the Valuer-General to the obtaining of that other land; and (d) like land being used for that particular purpose and with similar amenities is not available on the open market. (2) The amount referred to in subsection (1) is ascertained in accordance with the following formula: Where – A is the amount of compensation to be determined; and C is the reasonable cost of acquiring the other land referred to in that subsection; and E is the expenses incurred in acquiring that other land; and RE is the expenses incurred, or likely to be incurred, by the claimant which are incidental to relocation, including the expenses incurred in establishing similar amenities to those which the subject land had; and I is the amount by which the immediate financial position of the claimant has improved, or is likely to improve, due to the relocation. (3) The costs and expenses referred to in subsection (2) are to be ascertained as at the day on which, in the circumstances, it was or would be reasonably practicable for the claimant to incur the costs or expenses. 32. Compensation for tenant at will A claimant who – (a) was a tenant at will of any subject land; and (b) ordinarily used that land as a principal residence; and (c) is required to give up possession of that land in order to enable the authorized purpose to be carried out – is entitled to compensation for the costs reasonably incurred in removing to, and taking up occupation as a tenant in, alternative accommodation in this State. 33. Matters to be disregarded in determining compensation (1) Each of the following matters is to be disregarded in the determination of compensation in respect of subject land: (a) any increase in the value of the subject land resulting from its use in a manner, or for a purpose, contrary to law; (b) any increase or decrease in the value of the subject land arising from the carrying out, or the proposal to carry out, the authorised purpose for which the land was taken; (c) any special value the subject land may have to the acquiring authority which – (i) is caused by the particular need the authority has for that land; and (ii) is in addition to its market value; (d) any expectation by a claimant who was a lessee of the subject land that the claimant's lease would be renewed, other than an expectation which is based on an option of renewal in the lease contract; (e) in relation to land which has been acquired or is being acquired for the purposes of a major infrastructure project, any increase or decrease in the value of the subject land arising, either directly or indirectly, from – (i) the order under section 7(2) of the Major Infrastructure Development Approvals Act 1999 by which the major infrastructure project was declared or anything done pursuant to that order; or (ii) the amendment, in relation to the major infrastructure project, of a planning scheme or special planning order pursuant to section 11A of the Major Infrastructure Development Approvals Act 1999 or under any other Act; or (iii) the grant of a permit for a use or development which is comprised in the major infrastructure project, whether the permit relates to the subject land or to other land; or (iv) any use or development of the subject land or of other land which is proposed or which has occurred in connection with the major infrastructure project. (2) For the purposes of subsection (1) , "development", "permit" and "use" have the same meanings as in the Land Use Planning and Approvals Act 1993 . Division 3 - Amount of compensation for mortgagee 34. Amount of compensation for mortgagee (1) Where all of land which is subject to a mortgage is taken, the amount of compensation to which the mortgagee is entitled under this Act is – (a) the principal secured by the mortgage; and (b) the interest due on the mortgage at the day on which the acquiring authority admits the mortgagee's claim for compensation and 30 days' additional interest at the interest rate of the mortgage at that day; and (c) the costs and charges, if any, due to the mortgagee under the mortgage; and (d) the mortgagee's costs relating to producing or surrendering, and to executing, any deeds and documents that are required to be produced, surrendered or executed under section 45 ; and (e) a sum sufficient to meet the costs of reinvestment of the principal, if the mortgage is paid off prematurely; and (f) if – (i) the mortgage is paid off prematurely; and (ii) the principal is or is to be reinvested; and (iii) the rate of interest secured by the mortgage is higher than the rate of interest that can be obtained or can reasonably be expected to be obtained on reinvestment in a comparable form of security, regard being had to the then current rate of interest – a sum to meet the loss sustained by the mortgagee by reason of the premature repayment of the principal. (2) Where a part of land which is subject to a mortgage is taken, the mortgagee may elect to have all or part of any compensation to which the mortgagor is entitled under this Act paid to the mortgagee as a payment towards the principal secured by the mortgage and the interest due on the mortgage at the day on which the acquiring authority admits the mortgagee's entitlement to make the election. (3) An election under subsection (2) is to be – (a) in writing; and (b) served on the acquiring authority within 6 months after the service on the mortgagee of a notice under section 21 or 22 (3) . (4) Where a mortgagee makes an election under subsection (2) , the acquiring authority must pay to the mortgagee – (a) as specified in the election, all or part of the compensation to which the mortgagor is entitled under this Act; and (b) the costs and charges, if any, due to the mortgagee under the mortgage; and (c) the mortgagee's costs relating to producing or surrendering, and to executing, any deeds and documents that are required to be produced, surrendered or executed under section 45 ; and (d) if the mortgage is fully paid off, 30 days' additional interest at the interest rate of the mortgage at the day referred to in subsection (2) ; and (e) if the mortgage is paid off prematurely, a sum sufficient to meet the costs of reinvestment of the principal; and (f) if – (i) the mortgage is paid off prematurely; and (ii) the principal is or is to be reinvested; and (iii) the rate of interest secured by the mo