Lands Acquisition Act 1978

This Act may be cited as the Lands Acquisition Act 1978.

This Act shall come into operation on the date fixed by the

Administrator by notice published in the Gazette.

The Acts of the State of South Australia specified in Schedule 1 cease to apply to the Territory as laws of the Territory.

acquired land means land acquired under this Act.

affected person, in relation to a proposal, means a person who has been served with notice of the proposal under section 32(1)(b) or (f) or (2A).

alternative provision area has the meaning given in section 43A(2) of the Native Title Act.

approved determination of native title has the meaning given in section 253 of the Native Title Act.

approved form means a form approved by the Minister for the purposes of the provision in which the expression occurs.

claimant and complainant for compensation means a person who:

(b) has lodged a claim for compensation with the Minister under section 73(1).

compensation means the compensation to which a person is entitled under this Act.

date of acquisition, in relation to land, means:

(a) in the case of land acquired or to be acquired by agreement under this Act – the date agreed between the parties; and

(b) in any other case – the date on which a notice of acquisition of the land is published in the Gazette.

future act has the meaning given in section 233 of the Native Title Act.

indigenous land use agreement means an indigenous land use agreement within the meaning of section 253 of the Native Title Act:

(a) details of which are entered on the Register of Indigenous Land Use Agreements established and maintained under Part 8A of the Native Title Act; and

(b) that contains statements to the effect described in section 24EB(1)(b), (c) and (d) of the Native Title Act as applicable.

interest, in relation to land, means:

(b) an easement, right, power or privilege in, under, over, affecting or in connection with land,

and includes native title rights and interests.

land means land (including the seabed) within the limits of the Territory and includes an interest in land.

mining interest means any lease or other interest in land granted under a law of the Territory relating to minerals and includes a mineral exploration licence.

mortgage means an interest in land to secure a debt.

native title and native title rights and interests have the meaning given in section 223 of the Native Title Act.

Native Title Act means the Native Title Act 1993 of the Commonwealth.

native title holder has the meaning given in section 224 of the Native Title Act.

Native Title Registrar has the meaning given in section 253 of the Native Title Act.

notice of acquisition means a notice referred to in section 43(1)(b).

notice of dispute means a notice referred to in section 68(2)(b).

notice of proposal means a notice referred to in section 33.

notice of proposed acquisition means a notice referred to in section 32(1)(e).

onshore place has the meaning given in section 253 of the Native Title Act.

owner, in relation to land, means the owner of an estate or interest in the land, but does not include a person whose interest or claimed interest in the land cannot be identified by or as a result of an examination of the Register kept by the Registrar-General under Part 3 of the Land Title Act 2000.

previous exclusive possession act has the meaning given in section 23B of the Native Title Act.

proposal means a proposal to compulsorily acquire land under this Act.

Register of Native Title Claims means the Register of Native Title Claims established and maintained in accordance with Part 7 of the Native Title Act.

registered native title body corporate has the meaning given in section 253 of the Native Title Act.

registered native title claimant has the meaning given in section 253 of the Native Title Act or, if the claimant is replaced under section 66B of the Native Title Act, means the person who replaced the claimant.

registered native title rights and interests means:

(a) in relation to a registered native title claimant – the native title rights and interests of the claimant described in the relevant entry on the Register of Native Title Claims; and

(b) in relation to a registered native title body corporate – the native title rights and interests of the body corporate described in the relevant entry on the National Native Title Register established and maintained under Part 8 of the Native Title Act.

representative Aboriginal/Torres Strait Islander body has the meaning given in section 253 of the Native Title Act.

Tribunal means the Civil and Administrative Tribunal.

(2) For the avoidance of doubt, land as used in this Act shall be taken to include, and to have always included, water covering land.

This Act shall be read so as to provide for the acquisition of land on just terms.

(1) This Act applies in relation to an acquisition of an interest in land that comprises native title rights and interests:

(a) that is an act to which the consequences in section 24MD(6A) or (6B) of the Native Title Act apply; or

(A) is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act would have otherwise applied; and

(B) relates, to any extent, to an area of land that is an alternative provision area; and

(ii) there is a determination in force under section 43A(1)(b) of the Native Title Act in respect of the relevant provisions of this Act.

(2) Where section 40 applies in relation to a compulsory acquisition of an interest in land, this Act (other than Divisions 1 and 2 of Part IV) applies in respect of the acquisition.

(2A) If, on or after 30 September 1998 but before a determination under section 43A(1)(b) of the Native Title Act in respect of the relevant provisions of this Act comes into force, a notice under section 29 of the Native Title Act is given in respect of a compulsory acquisition of native title rights and interests that relates to an alternative provision area, then section 40 of this Act applies.

(3) To avoid doubt, any requirement of this Act relating to the service of a notice on a representative Aboriginal/Torres Strait Islander body does not apply if the compulsory acquisition is not a future act.

Torres Strait Islander) Act 2006 (Cth) as a community living area for Aboriginals, having been excised (by agreement or otherwise) for that purpose from a pastoral lease within the meaning of the

Pastoral Land Act 1992 or a Crown lease of another kind.

(a) enter onto and remain upon any land specified in the authorisation; and

(b) perform any survey or investigation specified in the authorisation on or in relation to that land,

for the purpose of formulating a proposal.

(1) Subject to this section, a person authorised under section 29 may enter and remain on the land specified in the authorisation for the minimum period necessary for the reasonable investigation of the suitability of the land for the proposal.

(a) ensure that any work performed for the purposes of a survey or investigation authorised under subsection (1) has as little impact as possible on the land and on anything on or growing on the land;

(b) subject to any agreement that has been entered into with the owner of the land or the registered native title body corporate in respect of the land, at the end of the survey or investigation, remove from the land anything that person brought onto the land; and

(c) leave the land, as nearly as possible, in the same condition as it was immediately before he entered onto the land.

A person shall not:

(a) wilfully and without authority interfere with anything established or placed on or in land; or

in accordance with an authorisation under section 29.

Maximum penalty: 20 penalty units or imprisonment for 6 months.

The Minister may acquire land under this Act by agreement if the agreement is:

(1) Subject to subsections (2) and (3), this Part applies in relation to:

(a) the compulsory acquisition of an interest in land to the extent that the acquisition relates to an onshore place on the landward side of the mean highwater mark of the sea; and

(b) the compulsory acquisition of an interest in land to the extent that the acquisition relates to an onshore place on the seaward side of the mean highwater mark of the sea where the compulsory acquisition is an act to which the consequences of section 24MD(6B) of the Native Title Act apply.

(1A) The compulsory acquisition of an interest in land on an onshore place on the seaward side of the mean highwater mark of the sea (other than a compulsory acquisition that is an act to which the consequences of section 24MD(6B) apply) is dealt with under Part IVA.

(a) this Part would, but for this subsection, apply in relation to the compulsory acquisition of so much of the land as is on the landward side of the mean highwater mark of the sea; and

(b) Part IVA would, but for this subsection, apply in relation to the compulsory acquisition of so much of the land as is on the seaward side of the mean highwater mark of the sea,

the compulsory acquisition is to be taken to consist of 2 separate acts of compulsory acquisition as follows:

(c) the compulsory acquisition of land on the landward side of the mean highwater mark of the sea;

(d) the compulsory acquisition of land on the seaward side of the mean highwater mark of the sea.

(3) Divisions 1 and 2 of this Part do not apply in relation to a compulsory acquisition to which section 40 applies.