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LANDS ACQUISITION ACT 1989 - List of Sections

Section

Compilation Information

Long Title

LANDS ACQUISITION ACT 1989
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Extension of Act to external Territories
4. Application to the Crown
5. Operation of Territory laws
LANDS ACQUISITION ACT 1989
Part II—Interpretation

6. Definitions
7. Meaning of authorised person
LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
Part V—Pre-acquisition procedures

LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
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 Appeals 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 Appeals Tribunal's recommendations
LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
Part VII—Compensation for compulsory acquisition of interests in land

LANDS ACQUISITION ACT 1989
Division 1—Entitlement to compensation


52. Entitlement to compensation
53. Mortgagees may waive rights in respect of mortgage interests
LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
Division 3—Amount of compensation-mortgage interests


64. Interpretation
65. Amount of compensation
66. Particulars of mortgages may be required
LANDS ACQUISITION ACT 1989
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 Appeals 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
75. Claimant may accept or reject Minister's offer of compensation
76. Minister to reconsider offer of compensation and to make final offer
77. Claimant may accept or reject Minister's final offer of compensation
LANDS ACQUISITION ACT 1989
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 Appeals 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
LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
Division 7—Courts to ensure just terms


93. Courts to ensure just terms
LANDS ACQUISITION ACT 1989
Part VIII—Compensation for exercise of powers under Part III and
failure to acquire

LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
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 Appeals Tribunal
100. Rejection of claims—declaration by Federal Court
101. Combination of actions under section 100 and proceedings for determination of compensation
102. Claimant may accept or reject Minister's offer of compensation
103. Minister to reconsider offer of compensation and to make final offer
104. Claimant may accept or reject Minister's final offer of compensation
LANDS ACQUISITION ACT 1989
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 Appeals Tribunal
108. Determination of compensation by Federal Court
109. Persons not entitled to seek determination of compensation by more than one means
LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
Part IX—Persons with limited powers to deal with interests in
land

116. Federal Court may approve certain acts
LANDS ACQUISITION ACT 1989
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
LANDS ACQUISITION ACT 1989
Part XI—Interests in overseas land

125. Minister to approve acquisition, disposal etc. of interests in overseas land
LANDS ACQUISITION ACT 1989
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 Appeals 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
LANDS ACQUISITION ACT 1989
Notes to the Lands Acquisition Act 1989

Table A

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