Lands Acquisition Act 1989

Subject to this section, where:

a law of a Territory authorising the acquisition or disposal of land, or the acquisition or disposal of interests in land, is in force;

that law would, but for this subsection, apply to the acquisition or disposal, by an authority, of an interest in particular land; and

this Act requires that the Authority acquire or dispose of the interest in accordance with this Act;

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.

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.

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.

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).

the Commonwealth; or

a Commonwealth authority.

a body politic;

an incorporated association or society;

an incorporated company; or

a body of trustees.

that is incorporated by or under a law of the Commonwealth or by or under a law of a Territory, other than:

an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988;

a law of the Northern Territory; and

that is not declared by the regulations to be an exempt authority.

any legal or equitable estate or interest in the land;

a restriction on the use of the land, whether or not annexed to other land; or

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;

the Minister has, by writing, authorised the person to act under the provision; or

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.

A person shall not exercise a power conferred by this Part in relation to particular land unless:

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

at least 7 days have elapsed since the requirements of paragraph (a) were satisfied.

A notice shall:

set out particulars of the intended exercise of the power in relation to the land;

give reasons for the exercise of the power; and

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.

enter upon the land, or upon adjoining land, with such persons, vehicles and things as are reasonably necessary for the purpose; and

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.

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.

Subsection (1) does not apply to neighbouring land:

that is a garden, orchard or plantation attached to, or belonging to, a house;

that is a park, planted walk or avenue or ground ornamentally planted; or

that is less than 500 metres from a dwelling‑house of the occupier of the neighbouring land.

While land is temporarily occupied under section 11, an authorised person may, in connection with the carrying out of a public purpose:

construct, build or place any plant, machinery, equipment or goods on the land;

take from, or deposit on, the land sand, clay, stone, earth, gravel, timber, wood or other materials or goods;

make roads, cuttings or excavations on the land;

erect buildings (including workshops and sheds) of a temporary character on the land; and

manufacture or work materials of any kind on the land.

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.

An authorised person shall not exercise powers under subsection (1) so as to:

close, divert or narrow, or break the surface of, a road;

alter the position of any water, sewerage or gas main or pipe; or

alter the position of any electricity cable or wire; or

alter the position of any line (within the meaning of the Telecommunications Act 1997);