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This Act may be cited as the Lands Acquisition Act 1989.
This Act commences on a day to be fixed by Proclamation.
This Act extends to every external Territory.
This Act binds the Crown in each of its capacities.
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;
the law of the Territory does not apply to that acquisition or disposal.
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).
In this Act, unless the contrary intention appears:
Account means the Lands Acquisition Account continued in existence by section 89A.
acquiring authority means:
the Commonwealth; or
a Commonwealth authority.
Australia includes the external Territories.
authorised person has the meaning given by section 7.
authority does not include:
a body politic;
an incorporated association or society;
an incorporated company; or
a body of trustees.
Commonwealth authority means an authority:
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.
compensation claim form means a form approved by the Minister for the purposes of subsection 67(2).
Court or Federal Court means the Federal Court of Australia.
Crown land means land the property of the Commonwealth, a State or a Territory.
dispose includes grant or create.
interest, in relation to land (including overseas land), means:
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;
and includes the interest of the Commonwealth, a State or a Territory in Crown land.
land means land in Australia.
mortgage means a security over an interest in land (including overseas land) securing the payment or repayment of money.
mortgagee, in relation to a mortgage, means the person who is or was entitled to receive payment or repayment of the money secured by the mortgage.
mortgage interest means the interest in land of a mortgagee under a mortgage.
mortgagor, in relation to a mortgage, means the person who is or was the owner of the interest in land subject to the mortgage.
overseas land means land outside Australia.
planning instrument means an instrument made under a law of the Commonwealth, a State or a Territory that relates to town planning or use of land.
pre‑acquisition declaration means a declaration under subsection 22(1).
public park means land that, under a law of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or national park or otherwise for the purposes of public recreation.
public purpose means a purpose in respect of which the Parliament has power to make laws and includes, in relation to land in a Territory, any purpose in relation to the Territory.
Tribunal means the Administrative Review Tribunal.
unreviewable pre‑acquisition declaration means a pre‑acquisition declaration that includes a statement under subsection 22(6).
A person is an authorised person for the purposes of a provision of this Act if:
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.
The powers conferred by this Part are in addition to, and not in derogation of, the powers conferred by any other law of the Commonwealth or of a Territory.
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.
An authorised person may, for the purpose of ascertaining whether land is suitable for a public purpose or of obtaining information in relation to land that, in the opinion of the authorised person, is, or may be, suitable for a public purpose:
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);
unless the authorised person has given reasonable notice, in writing, of his or her intention to do so to the authority responsible for the road, main, pipe, cable, wire or line.