Government Agencies (Land Acquisition Reporting) Act 2018

This Act is the Government Agencies (Land Acquisition Reporting) Act 2018.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘government agency—see section 5.’ means that the term ‘government agency’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

In this Act:

government agency means—

an administrative unit; or

a public sector body; or

a territory authority; or

a territory instrumentality; or

a territory-owned corporation.

However, government agency does not include the University of Canberra.

In this Act:

responsible Minister, for a government agency, means—

for an administrative unit—the Minister allocated responsibility for the administrative unit under the Public Sector Management Act 1994, section 14 (1) (a); and

for a public sector body—the Minister allocated responsibility for the Act under which the body is established under the administrative arrangements under the Public Sector Management Act 1994, section 14 (1) (b); and

for a territory authority—the Minister allocated responsibility for the Act under which the authority is established under the administrative arrangements under the Public Sector Management Act 1994, section 14 (1) (b); and

for a territory instrumentality—the Minister declared as the responsible Minister for the territory instrumentality’s annual report under the Annual Reports (Government Agencies) Act 2004, section 12; and

for a territory-owned corporation—the Chief Minister.

In this Act:

land acquisition—

means an acquisition of land by a government agency; and

includes—

an acquisition under the Lands Acquisition Act 1994; or

a surrender of a lease, or part of the land described in a lease, under the Planning Act 2023, section 363, whether or not the acquiring government agency agreed to accept the surrender; or

the withdrawal of land from a lease under the terms of the lease; or

a termination of a lease under the Planning Act 2023, section 457; or

any other acquisition of land by a government agency required under a territory law; or

an acquisition prescribed by regulation.

However, land acquisition does not include—

an acquisition of land by a government agency from another government agency; or

an acquisition prescribed by regulation.

Example—par (a)

as a result of a change to the functions of an administrative unit made under the Public Sector Management Act 1994, s 14

In this section:

declared land sublease—see the Planning Act 2023, section 365 (1).

land—

means the legal or equitable estate in land in the ACT or elsewhere; and

includes—

unleased territory land; and

an easement other than an easement prescribed by regulation; and

anything prescribed by regulation; but

unless otherwise stated by regulation, does not include—

a sublease of a lease other than a declared land sublease; or

any other tenancy or occupancy right; or

any other incorporeal right.

Note An incorporeal right is an intangible right attached to land, and in addition to easements, includes rents, tithes and profit à prendre.

lease—see the Planning Act 2023, section 257.

As soon as practicable after the end of each quarter, the responsible Minister for a government agency must publish on an ACT government website—

if the government agency made a land acquisition in the quarter—a report about the acquisition that includes the matters mentioned in section 9; and

if the City Renewal Authority made no land acquisitions in the quarter—a statement to that effect; and

if the Suburban Land Agency made no land acquisitions in the quarter—a statement to that effect.

After a report mentioned in subsection (1) (a) about a land acquisition is published, the responsible Minister must give the relevant Assembly committee a copy of the report.

In this section:

relevant Assembly committee means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for subsection (2).

A report about a land acquisition by a government agency must—

identify—

the particulars of the land that was acquired; and

the government agency that acquired the land; and

from whom the land was acquired; and

describe the way in which the acquisition was made; and

state—

the compensation paid or payable for the land; and

any other amount paid or payable in relation to the acquisition; and

for a defined land acquisition, include—

any valuation given to the acquiring government agency by the person from whom the land was acquired; and

any other valuation considered by the acquiring government agency; and

for a defined land acquisition, state—

whether the acquisition was—

approved by the Executive, a stated Minister or a public servant; or

agreed by Cabinet; or

if the acquisition was approved by a public servant—the position of the public servant; and

the date the acquisition was approved or agreed; and

for a defined land acquisition, include a short statement about the following:

the reason why the land was acquired including the proposed and potential short and long term use and development of the land;

how the proposed use and development of the land is consistent with the territory plan;

how the acquisition is in the public interest;

how the acquisition is consistent with the functions of the acquiring government agency;

if relevant, how the proposed use and development of the land supports the principle of environmental sustainability;

if the acquiring government agency has a statement of intent—how the acquisition is consistent with the agency’s statement of intent, or other relevant forecasts, for the year;

how the acquisition represents value for money taking into account the particulars of the land, any valuation, the proposed and potential short and long term use and development of the land, relevant policies and programs of the acquiring government agency or the Territory; and

include anything prescribed by regulation.

For an acquisition made under the Lands Acquisition Act 1994, if the amount paid or payable is not known at the end of the quarter the report—

must state that the information is not yet known and that the report will be updated when the information is known; and

must be updated to include the amount paid or payable as soon as practicable after the amount is known.

A report may include any other information the responsible Minister considers relevant.

Example

information from a business case or risk assessment

In this section:

defined land acquisition means a land acquisition other than an acquisition mentioned in section 7 (1) (b) (ii) to (vi).

This section applies to a report under section 8 (1) (a) about a land acquisition by a government agency.

For an acquisition of land from an individual, the individual’s name must not be included in the report, and must be removed from any document attached to the report.

For—

an acquisition of land to be developed or used as—

a housing assistance property; or

a facility to provide a service for community health or safety, if the Minister has declared, in writing, that disclosure of identifying particulars would risk an adverse impact on the privacy or reputation of potential users of the facility; or

an acquisition of land under a land rent lease; or

an acquisition of land from a registered community housing provider; or

an acquisition of land prescribed by regulation;

the only identifying particular of the acquired land that may be included in a report is the district in which the acquired land is located and any other identifying particulars of the land must be removed from any document attached to the report.

Subsection (3) does not apply if the information has entered the public domain.

For an acquisition of land under a land rent lease, information that must not be disclosed by a tax officer under the Taxation Administration Act 1999, division 9.4 (Secrecy) must not be included in the report, and must be removed from any document attached to the report.

In this section:

district means a district determined under the Districts Act 2002, section 5.

housing assistance property—see the Housing Assistance Act 2007, section 28 (2).

land rent lease—see the Land Rent Act 2008, dictionary.

registered community housing provider—see the Community Housing Providers National Law (ACT), section 4.

Note The Community Housing Providers National Law (ACT) Act 2013, s 7 applies the Community Housing Providers National Law set out in the appendix to the Community Housing Providers (Adoption of National Law) Act 2012 (NSW) as if it were an ACT law called the Community Housing Providers National Law (ACT).

tax officer—see the Taxation Administration Act 1999, section 94.

This Act is in addition to the requirements of any other territory law.

If a Minister is required under any other territory law to prepare a report about the acquisition of land, the Minister may prepare a report that complies with both this Act and the other law.

The Executive may make regulations for this Act.

Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.