Lands Acquisition Act 1989 (Cth)

Lands Acquisition Act 1989

No. 15, 1989

Compilation No. 20

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Lands Acquisition Act 1989 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 3 Extension of Act to external Territories 4 Act binds the Crown 5 Operation of Territory laws Part II—Interpretation 6 Definitions 7 Meaning of authorised person Part III—Temporary entry on, and occupation of, land 8 Powers additional to other powers 9 Notice to be given before powers exercised 10 Power to enter on, and examine, land 11 Power to occupy land temporarily 12 Powers in relation to land temporarily occupied 13 Obligations in relation to exercise of powers 14 Order to enforce exercise of powers 15 Exercise of powers not an acquisition of an interest in land Part IV—Acquisition of interests in land 16 Modes of acquisition 17 Nature of interests that may be acquired 18 Authorities with limited powers 19 Steps in acquisition by agreement 20 Steps in acquisition by compulsory process 21 Acquisitions to be in accordance with Act Part V—Pre‑acquisition procedures Division 1—Pre‑acquisition declarations 22 Declaration that land is suitable for acquisition 23 Publication of pre‑acquisition declarations 24 Acquisitions where land required urgently etc. 25 Effect of section 24 certificate on pre‑acquisition declaration Division 2—Reconsideration and review 26 Application for reconsideration of pre‑acquisition declaration 27 Reconsideration of pre‑acquisition declaration 28 Application for review of pre‑acquisition declaration 29 Application of Administrative Review Tribunal Act to applications for review 30 Review of pre‑acquisition declaration 31 Considerations to be taken into account on review 33 Minister to consider Administrative Review Tribunal's recommendations Division 3—Miscellaneous 34 Interpretation 35 Correction of mistakes in authorising documents 36 Consequences of variation of authorising documents 37 Notification of confirmation or revocation of authorising documents 38 Registration of authorising documents 39 Owner of interest in land required to disclose existence of authorising documents Part VI—Acquisition procedures 40 Acquisition by agreement 41 Acquisition by compulsory process 42 Special provision regarding land in public park 43 When pre‑acquisition declaration becomes absolute 44 Notice requiring acquisition 45 Acquisitions not affected by failure to comply with post‑acquisition requirements 46 Disallowance of acquisition of interest in land in public park 47 Entry into possession by acquiring authority 48 Notification of compulsory acquisition declarations 49 Effect of acquisition of mortgage interest on rights of mortgagee 50 Correction of compulsory acquisition declarations 51 Registration of compulsory acquisition declarations Part VII—Compensation for compulsory acquisition of interests in land Division 1—Entitlement to compensation 52 Entitlement to compensation 53 Mortgagees may waive rights in respect of mortgage interests Division 2—Amount of compensation–interests other than mortgage interests 54 Division does not apply in relation to acquisition of mortgage interests 55 Amount of compensation—general principles 56 Meaning of market value 57 Special provision where market value determined upon basis of potential of land 58 No general market for interest acquired 59 Interest affected by planning restriction 60 Matters to be disregarded in assessing compensation 61 Acquisition of a dwelling 62 Interest subject to mortgage 63 Crown land Division 3—Amount of compensation–mortgage interests 64 Interpretation 65 Amount of compensation 66 Particulars of mortgages may be required Division 4—Claims for, and offers of, compensation 67 Claims for compensation 68 Effect of compensation claim in respect of acquisition of mortgage interest 69 Amounts paid in respect of mortgage liabilities extinguished by section 68 70 Minister either to accept claim and offer compensation or to reject claim 71 Rejection of claims—review by Administrative Review Tribunal 72 Rejection of claims—declaration by Federal Court 73 Combination of actions under section 72 and proceedings for determination of compensation 74 Consequences of not seeking review of decision to reject claim 74A Minister may make offer of compensation where no claim is made 75 Person may accept or reject Minister's offer of compensation 76 Minister to reconsider offer of compensation and to make final offer 77 Person may accept or reject Minister's final offer of compensation Division 5—Determination of compensation payable 78 Determination of compensation by pre‑acquisition agreement 79 Determination of compensation by post‑acquisition agreement 80 Determination of compensation by arbitration or by expert 81 Determination of compensation by Administrative Review Tribunal 82 Determination of compensation by Federal Court 83 Persons not entitled to seek determination of compensation by more than one means 84 Separate rights of mortgagee and mortgagor to determination of compensation Division 6—Payment of compensation 85 Advance payment on account of compensation 86 Minister may pay rates etc. 87 Payment of compensation 88 Relationship between advances on account of, and payments of, compensation 89 Repayment of advances where no entitlement to compensation 89A Lands Acquisition Account 90 Crediting of amounts of compensation to the Account 91 Interest payable on compensation—interests other than mortgage interests 92 Interest payable on compensation—mortgage interests Division 7—Courts to ensure just terms 93 Courts to ensure just terms Part VIII—Compensation for exercise of powers under Part III and failure to acquire Division 1—Entitlement to compensation 94 Interpretation 95 Entitlement to compensation—exercise of powers under Part III 96 Entitlement to compensation—pre‑acquisition declaration or section 24 certificate made but acquisition not proceeded with Division 2—Claims for, and offers of, compensation 97 Claims for compensation 98 Minister either to accept claim and offer compensation or to reject claim 99 Rejection of claims—review by Administrative Review Tribunal 100 Rejection of claims—declaration by Federal Court 101 Combination of actions under section 100 and proceedings for determination of compensation 101A Minister may make offer of compensation where no claim is made 102 Person may accept or reject Minister's offer of compensation 103 Minister to reconsider offer of compensation and to make final offer 104 Person may accept or reject Minister's final offer of compensation Division 3—Determination of compensation payable 105 Determination of compensation by agreement 106 Determination of compensation by arbitration or by expert 107 Determination of compensation by Administrative Review Tribunal 108 Determination of compensation by Federal Court 109 Persons not entitled to seek determination of compensation by more than one means Division 4—Payment of compensation 110 Advance payment on account of compensation 111 Payment of compensation 112 Relationship between advances on account of, and payments of, compensation 113 Repayment of advances where no entitlement to compensation 114 Crediting of amounts of compensation to the Account 115 Interest payable on compensation Part IX—Persons with limited powers to deal with interests in land 116 Federal Court may approve certain acts Part X—Dealings in land vested in acquiring authorities 117 Disposals to be in accordance with Part 118 Vesting of interests in Commonwealth authorities 119 Disposal of interests in land 120 Disposal may be made subject to reservation of interest 121 Interest in land to be offered first to former owner 122 Dedication for public purpose 123 Expungement of easements 124 Mining etc. on certain land Part XI—Interests in overseas land 125 Minister to approve acquisition, disposal etc. of interests in overseas land Part XII—Miscellaneous 126 Indexation of subsection 61(2) amount 127 General power of Federal Court to adjust rights 128 Federal Court may order stay of proceedings under mortgage 129 Power of Federal Court to extend time limits 130 Jurisdiction of Federal Court 131 Award of costs in Administrative Review Tribunal proceedings 132 Orders to obtain possession 133 Injunctions 134 Effect of conveyance of Crown land 135 Payments to be a good discharge 136 Execution of documents for and on behalf of Commonwealth 137 How documents are to be given 138 Notice of signatures 139 Delegation 140 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history