Aukus (Land Acquisition) Act 2024

This

Act may be cited as the AUKUS (Land Acquisition) Act 2024.

This

Act comes into operation on a day to be fixed by proclamation.

In this Act—

project land means the land specified in Schedule 1;

road has the same meaning as in the Local

Government Act 1999;

Urban

Renewal Authority means the Urban Renewal Authority under the Urban

Renewal Act 1995.

This

Act has effect despite any other Act or law of the State.

This

Act applies to land notwithstanding the provisions of the Real

Property Act 1886.

The

Land

Acquisition Act 1969 and the Local

Government Act 1999 do not apply to the acquisition or vesting of the project land under this Act.

Note—

Nothing in this Act affects the operation of any Commonwealth law or authorises the Minister to affect any right, title or interest held by the Crown in right of the Commonwealth.

Except as may be prescribed by the regulations, no—

assessment, decision, consent, approval, authorisation, certificate, licence, permit or permission; or

consultation, notification or other procedural step, is required under a law of the State in connection with any action taken under this Act or the performance of functions under this Act.

The project land is, by force of this section, vested in the Urban

Renewal Authority in fee simple and, subject to subsection (2), free from all dedications, encumbrances, estates and interests.

Despite subsection (1), the project land remains subject to the following easements (being easements entered on the relevant certificate of title before the commencement of this section):

in relation to that part of the project land referred to in Schedule 1 clause 1(a)—

the easement(s) over the land marked B on F256772 for Sewerage Purposes to South Australian Water Corporation;

the easement(s) over the land marked D on F256772 to Distribution Lessor

Corporation (subject to Lease 8890000);

the easement(s) over the land marked T on F256772 to Transmission Lessor

Corporation of 1 undivided 2nd part (subject to Lease 9061500) and

Electranet Pty. Ltd. of 1 undivided 2nd part;

the easement(s) over the land marked V on F256555 for sewerage purposes to South Australian Water Corporation;

the easement(s) over the land marked W on F256555 for water supply purposes to South Australian Water Corporation;

in relation to that part of the project land referred to in Schedule 1 clause 1(b)—

the easements(s) over the land marked E on DP 87145 for electricity supply purposes to Distribution Lesser Corporation (subject to lease

8890000);

the easement(s) over the land marked T on DP 87145 to Transmission

Lessor Corporation of 1 undivided 2nd part (subject to Lease

9061500) and Electranet Pty. Ltd. of 1 undivided 2nd part;

the easement(s) over the land marked H and Q (no purposes listed) on

DP87145;

in relation to that part of the project land referred to in Schedule 1 clause 1(c)—

the easement(s) over the land marked T on F256772 to transmission lessor corporation of 1 undivided 2nd part (subject to lease 9061500) and

Electranet Pty. Ltd of 1 undivided 2nd part;

the easement(s) over the land marked V on F256555 for sewerage purposes to South Australian Water Corporation;

the easement(s) over the land marked W on F256555 for water supply purposes to South Australian Water Corporation.

The classification of any part of the project land as community land under the Local

Government Act 1999 is, by force of this section, revoked.

Note—

See

Chapter 11 Part 1 Division 3 of the Local

Government Act 1999.

Any road comprising part of the project land is, on the vesting of the project land under section 6 and by force of this section, closed.

The dedication of any part of the project land as a road is, on the vesting of the project land under section 6 and by force of this section, revoked.

The

City of Port Adelaide Enfield is entitled to compensation for the acquisition of the project land under this Act in an amount equal to the market value of the project land.

Without limiting subsection (1), compensation under this section may consist of, or include, non-monetary compensation.

The

Urban Renewal Authority must cause a valuation of the project land to be undertaken for the purpose of determining the market value of the project land.

The following provisions apply in relation to a valuation of the project land under subsection (3):

the valuation must be conducted by an independent licensed valuer jointly agreed upon by the Urban Renewal Authority and the City of

Port Adelaide Enfield (or, if a valuer cannot be so agreed upon within 30 days, by an independent licensed valuer appointed by the

Valuer‑General);

the valuer is to act as an expert and not as an arbitrator;

the costs of the valuation are to be borne by the Urban Renewal

Authority.

For the purposes of this section, a reference to the market value of the project land will be taken to be a reference to the estimated amount for which the project land should exchange immediately before the commencement of section 6 between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.

The

Registrar‑General must, at the direction of the Minister, take such action as may be required by the Minister for or in connection with—

the issue, alteration, correction or cancellation of certificates or other documents of title; or

the making, recording, alteration, correction or cancellation of entries or endorsements in the Crown land register or in the Register Books, as may be necessary or expedient for the purposes of this Act; or

the deposit of any plan in the Lands Titles Registration Office.

If the Minister directs the Registrar‑General to take action under this Act to give effect to a determination or action of the

Minister, the Minister will, if required by the Registrar‑General—

furnish the Registrar‑General with any map or plan required by the

Registrar‑General to give effect to the determination or action; or

furnish the Registrar‑General with any document required by the

Registrar‑General in relation to the determination or action.

No stamp duty is payable under a law of the State in respect of the acquisition of the project land under this Act.

The

Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

The regulations may—

modify or exclude the application of any Act (or a provision of an Act) or law in connection with operation of this Act; and

be of general or limited application; and

make different provision according to the matters or circumstances to which they are expressed to apply; and

make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and

provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body.