Lands Acquisition Act 1989

Where, in relation to the proposed acquisition of an interest in land by an acquiring authority, the Minister is satisfied that:

there is an urgent necessity for the acquisition and it would be contrary to the public interest for the acquisition to be delayed by the need for the making, and the possible reconsideration and review, of a pre‑acquisition declaration; or

to require the making of a pre‑acquisition declaration in respect of the proposed acquisition would result in a disclosure of information that would be prejudicial to the security, defence or international relations of Australia;

The certificate may include such information relating to the proposed acquisition as the Minister considers appropriate.

If the Minister gives a certificate, the interest may be acquired by the acquiring authority without the preparation of a pre‑acquisition declaration.

The Minister shall:

cause a copy of the certificate to be laid before each House of the Parliament within 3 sitting days of that House after the giving of the certificate; and

as soon as practicable, cause a copy of the certificate to be served on each person whom the Minister believes, after diligent inquiry, to be a person affected by the certificate.

The Minister may cause a copy of the certificate to be published in the Gazette, in a newspaper circulating in the district in which the land is situated, or in both the Gazette and such a newspaper.

The certificate ceases to be in force if:

the interest is acquired under this Act;

the certificate is revoked; or

the certificate ceases to have effect because of subsection 46(3).

For the purposes of this Act, a person shall be taken to be affected by the certificate if, and only if:

the person is an owner of the interest in land to which the certificate relates (in this subsection called the certificate interest); or

the person is an owner of some other interest in land that, if the certificate interest were acquired by compulsory process, would be in whole or in part divested, extinguished or diminished because of paragraph 41(4)(b).