Form of notices
42B Form of notices
A notice of proposal is to be in the approved form and contain:
a description of the land proposed to be acquired;
(b) details of the manner in which it is proposed that the land, if acquired, will be dealt with;
(c) an invitation to the person on whom the notice is served to negotiate with the Minister the conditions of the acquisition of the person's interest by agreement under this Act and advising the person that in the absence of agreement the land will be compulsorily acquired;
(d) a statement indicating the period within which a person served with a notice of proposal may lodge with the Minister comments on the acquisition; and
(e) where the proposal is for the acquisition of native title rights and interests – a statement to the effect that, if there are no registered native title claimants or registered native title bodies corporate in relation to the land the subject of the proposal, the representative body or bodies in relation to that land may, within 2 months after being served with a copy of a notice of proposal under section 42A(1)(c), lodge in writing with the Minister comments on the acquisition.
(2) The Minister must cause to be served on each person served with a notice of proposal under section 42A(1)(b) or (f) or (2A) a statement in the approved form summarising the rights of such persons under this Act.
(3) A notice of proposed acquisition is to be in the approved form and contain:
a description of the land proposed to be acquired;
(b) details of the manner in which it is proposed that the land, if acquired, will be dealt with;
(c) a statement indicating that a person who has or claims to have an interest in the land that will be divested, modified or affected by the acquisition may, within 21 days of the date of publication of the notice, apply to the Minister for a notice or proposal and must indicate in the application the nature of the interest held or claimed; and
(d) a statement indicating that a person referred to in paragraph (c) is not entitled under this Act to lodge comments on the acquisition unless the person has been served with a notice of proposal under section 42A(2A).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.