Land Acquisition (Just Terms Compensation) Act 1991 (NSW)

Land Acquisition (Just Terms Compensation) Act 1991 No 22

An Act relating to the acquisition of land on just terms by authorities of the State.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Land Acquisition (Just Terms Compensation) Act 1991.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act (1) The objects of this Act are— (a) to guarantee that, when land affected by a proposal for acquisition by an authority of the State is eventually acquired, the amount of compensation will be not less than the market value of the land (unaffected by the proposal) at the date of acquisition, and (b) to ensure compensation on just terms for the owners of land that is acquired by an authority of the State when the land is not available for public sale, and (c) to establish new procedures for the compulsory acquisition of land by authorities of the State to simplify and expedite the acquisition process, and (d) to require an authority of the State to acquire land designated for acquisition for a public purpose where hardship is demonstrated, and (e) to encourage the acquisition of land by agreement instead of compulsory process. (2) Nothing in this section gives rise to, or can be taken into account in, any civil cause of action.

4 Definitions (1) In this Act— acquisition of land means an acquisition of land or of any interest in land. acquisition notice means a notice under section 19 which declares that land has been acquired by compulsory process. authority of the State means— (a) a Minister of the Crown, or (b) a statutory body representing the Crown, or (c) a council, a county council or a joint organisation within the meaning of the Local Government Act 1993, or (d) any other authority authorised to acquire land by compulsory process. Commonwealth Native Title Act or NTA means the Native Title Act 1993 of the Commonwealth. compensation notice means a notice under section 42 which notifies the former owners of land of a compulsory acquisition, their entitlement to compensation and the amount of compensation offered. compulsory acquisition of land means the acquisition of the land by compulsory process under this Act. Crown land means— (a) Crown land within the meaning of the Crown Land Management Act 2016, or (b) any other land of the Crown or of an authority of the State. disadvantage resulting from relocation is defined in section 60. interest in land means— (a) a legal or equitable estate or interest in the land, or (b) an easement, right, charge, power or privilege over, or in connection with, the land. land includes any interest in land. loss attributable to disturbance of land is defined in section 59. loss attributable to severance of land is defined in section 58. market value of land is defined in section 56. native title and native title rights and interests has the same meaning as in the Commonwealth Native Title Act. owner of land means any person who has an interest in the land. proposed acquisition notice means a notice under section 11 of intention to acquire land by compulsory process. public purpose means any purpose for which land may by law be acquired by compulsory process under this Act. registered interest in land means an interest in the land— (a) recorded in the Register kept under the Real Property Act 1900, or (b) recorded in the General Register of Deeds kept under the Conveyancing Act 1919, or (c) recorded in the National Native Title Register kept under the Commonwealth Native Title Act if the interest is an interest in relation to land that is the subject of an approved determination of native title (other than an approved determination that no native title exists). special value of land is defined in section 57.