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s 7

Meaning of land acquisition

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Part 2Important concepts

7 Meaning of land acquisition

(1)

In this Act:

land acquisition—

(a)

means an acquisition of land by a government agency; and

(b)

includes—

(i)

an acquisition under the Lands Acquisition Act 1994; or

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

an acquisition prescribed by regulation.

(2)

However, land acquisition does not include—

(a)

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

(b)

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

(3)

In this section:

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

land—

(a)

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

(b)

includes—

(i)

unleased territory land; and

(ii)

an easement other than an easement prescribed by regulation; and

(iii)

anything prescribed by regulation; but

(c)

unless otherwise stated by regulation, does not include—

(i)

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

(ii)

any other tenancy or occupancy right; or

(iii)

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.

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