{"id":"lands-acquisition-act-1978","name":"Lands Acquisition Act 1978","slug":"lands-acquisition-act-1978","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30228,"registerId":"nt-lands-acquisition-act-1978-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Lands Acquisition Act 1978.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on the date fixed by the\nAdministrator by notice published in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeals","content":"3 Repeals\nThe Acts of the State of South Australia specified in Schedule 1\ncease to apply to the Territory as laws of the Territory.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act, unless the contrary intention appears:\nacquired land means land acquired under this Act.\naffected person, in relation to a proposal, means a person who\nhas been served with notice of the proposal under section 32(1)(b)\nor (f) or (2A).\nalternative provision area has the meaning given in\nsection 43A(2) of the Native Title Act.\napproved determination of native title has the meaning given in\nsection 253 of the Native Title Act.\napproved form means a form approved by the Minister for the\npurposes of the provision in which the expression occurs.\n\nLands Acquisition Act 1978 2\nclaimant and complainant for compensation means a person\nwho:\n(a) has been served with an offer under section 50(1); or\n(b) has lodged a claim for compensation with the Minister under\nsection 73(1).\ncompensation means the compensation to which a person is\nentitled under this Act.\ndate of acquisition, in relation to land, means:\n(a) in the case of land acquired or to be acquired by agreement\nunder this Act – the date agreed between the parties; and\n(b) in any other case – the date on which a notice of acquisition of\nthe land is published in the Gazette.\nfuture act has the meaning given in section 233 of the Native Title\nAct.\nindigenous land use agreement means an indigenous land use\nagreement within the meaning of section 253 of the Native Title Act:\n(a) details of which are entered on the Register of Indigenous\nLand Use Agreements established and maintained under\n","sortOrder":3},{"sectionNumber":"Part 8A","sectionType":"part","heading":"of the Native Title Act; and","content":"Part 8A of the Native Title Act; and\n(b) that contains statements to the effect described in\nsection 24EB(1)(b), (c) and (d) of the Native Title Act as\napplicable.\ninterest, in relation to land, means:\n(a) a legal or equitable estate or interest in the land; or\n(b) an easement, right, power or privilege in, under, over,\naffecting or in connection with land,\nand includes native title rights and interests.\nland means land (including the seabed) within the limits of the\nTerritory and includes an interest in land.\nmining interest means any lease or other interest in land granted\nunder a law of the Territory relating to minerals and includes a\nmineral exploration licence.\nmortgage means an interest in land to secure a debt.\n\nLands Acquisition Act 1978 3\nnative title and native title rights and interests have the meaning\ngiven in section 223 of the Native Title Act.\nNative Title Act means the Native Title Act 1993 of the\nCommonwealth.\nnative title holder has the meaning given in section 224 of the\nNative Title Registrar has the meaning given in section 253 of the\nnotice of acquisition means a notice referred to in\nsection 43(1)(b).\nnotice of dispute means a notice referred to in section 68(2)(b).\nnotice of proposal means a notice referred to in section 33.\nnotice of proposed acquisition means a notice referred to in\nsection 32(1)(e).\nonshore place has the meaning given in section 253 of the Native\nTitle Act.\nowner, in relation to land, means the owner of an estate or interest\nin the land, but does not include a person whose interest or claimed\ninterest in the land cannot be identified by or as a result of an\nexamination of the Register kept by the Registrar-General under\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"of the Land Title Act 2000.","content":"Part 3 of the Land Title Act 2000.\nprevious exclusive possession act has the meaning given in\nsection 23B of the Native Title Act.\nproposal means a proposal to compulsorily acquire land under this\nAct.\nRegister of Native Title Claims means the Register of Native Title\nClaims established and maintained in accordance with Part 7 of the\nregistered native title body corporate has the meaning given in\nsection 253 of the Native Title Act.\nregistered native title claimant has the meaning given in\nsection 253 of the Native Title Act or, if the claimant is replaced\nunder section 66B of the Native Title Act, means the person who\nreplaced the claimant.\n\nLands Acquisition Act 1978 4\nregistered native title rights and interests means:\n(a) in relation to a registered native title claimant – the native title\nrights and interests of the claimant described in the relevant\nentry on the Register of Native Title Claims; and\n(b) in relation to a registered native title body corporate – the\nnative title rights and interests of the body corporate described\nin the relevant entry on the National Native Title Register\nestablished and maintained under Part 8 of the Native Title\nAct.\nrepresentative Aboriginal/Torres Strait Islander body has the\nmeaning given in section 253 of the Native Title Act.\nTribunal means the Civil and Administrative Tribunal.\n(2) For the avoidance of doubt, land as used in this Act shall be taken\nto include, and to have always included, water covering land.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Just terms","content":"5 Just terms\nThis Act shall be read so as to provide for the acquisition of land on\njust terms.\n","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":"Application in relation to native title","content":"5A Application in relation to native title\n(1) This Act applies in relation to an acquisition of an interest in land\nthat comprises native title rights and interests:\n(a) that is an act to which the consequences in section 24MD(6A)\nor (6B) of the Native Title Act apply; or\n(b) where:\n(i) the acquisition:\n(A) is an act to which Subdivision P of Division 3 of\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"of the Native Title Act would have otherwise","content":"Part 2 of the Native Title Act would have otherwise\napplied; and\n(B) relates, to any extent, to an area of land that is an\nalternative provision area; and\n(ii) there is a determination in force under section 43A(1)(b)\nof the Native Title Act in respect of the relevant\nprovisions of this Act.\n\nLands Acquisition Act 1978 5\n(2) Where section 40 applies in relation to a compulsory acquisition of\nan interest in land, this Act (other than Divisions 1 and 2 of Part IV)\napplies in respect of the acquisition.\n(2A) If, on or after 30 September 1998 but before a determination under\nsection 43A(1)(b) of the Native Title Act in respect of the relevant\nprovisions of this Act comes into force, a notice under section 29 of\nthe Native Title Act is given in respect of a compulsory acquisition\nof native title rights and interests that relates to an alternative\nprovision area, then section 40 of this Act applies.\n(3) To avoid doubt, any requirement of this Act relating to the service of\na notice on a representative Aboriginal/Torres Strait Islander body\ndoes not apply if the compulsory acquisition is not a future act.\n","sortOrder":8},{"sectionNumber":"28A","sectionType":"section","heading":"Certain land not to be acquired","content":"28A Certain land not to be acquired\n(1) The Minister may not compulsorily acquire any prescribed land or\nan interest in prescribed land except:\n(a) for the purpose of the provision of essential services and\nfacilities being power (including gas), water, sewerage, road or\ncommunication services or facilities to or across the\nprescribed land, or access to any of them; or\n(b) where the prescribed land is held subject to the reservation\nthat the Territory can acquire the part or interest for the\npurpose for which it is proposed to be acquired.\n(2) In subsection (1) prescribed land means land granted to, and held\nby, an incorporated association within the meaning of the\nAssociations Act 2003 or an Aboriginal association within the\nmeaning of the Corporations (Aboriginal and Torres Strait Islander)\nAct 2006 (Cth) as a community living area for Aboriginals, having\nbeen excised (by agreement or otherwise) for that purpose from a\npastoral lease within the meaning of the Pastoral Land Act 1992 or\na Crown lease of another kind.\n(3) In any dispute under this section, the Minister shall refer the matter\nin dispute to the Community Living Areas Tribunal continued in\nexistence by section 93 of the Pastoral Land Act 1992 and the\nprovisions of Part 8 of that Act, with the necessary changes, shall\napply as if the matter in dispute were an application under that Part\nand the Minister and the association were parties to the application.\n\nLands Acquisition Act 1978 6\n(4) Nothing in subsection (1) empowers the Minister to compulsorily\nacquire the fee simple of any part of the prescribed land other than\nthe interests referred to in subsection (1)(b).\n","sortOrder":9},{"sectionNumber":"29","sectionType":"section","heading":"Authorisations","content":"29 Authorisations\n(1) The Minister may authorise any person to:\n(a) enter onto and remain upon any land specified in the\nauthorisation; and\n(b) perform any survey or investigation specified in the\nauthorisation on or in relation to that land,\nfor the purpose of formulating a proposal.\n(2) An authorisation under subsection (1) shall be in writing.\n","sortOrder":10},{"sectionNumber":"30","sectionType":"section","heading":"Entry and works","content":"30 Entry and works\n(1) Subject to this section, a person authorised under section 29 may\nenter and remain on the land specified in the authorisation for the\nminimum period necessary for the reasonable investigation of the\nsuitability of the land for the proposal.\n(2) A person authorised under section 29 shall:\n(a) ensure that any work performed for the purposes of a survey\nor investigation authorised under subsection (1) has as little\nimpact as possible on the land and on anything on or growing\non the land;\n(b) subject to any agreement that has been entered into with the\nowner of the land or the registered native title body corporate\nin respect of the land, at the end of the survey or investigation,\nremove from the land anything that person brought onto the\nland; and\n(c) leave the land, as nearly as possible, in the same condition as\nit was immediately before he entered onto the land.\n","sortOrder":11},{"sectionNumber":"31","sectionType":"section","heading":"Interference","content":"31 Interference\nA person shall not:\n(a) wilfully and without authority interfere with anything\nestablished or placed on or in land; or\n(b) wilfully obstruct a person acting,\n\nLands Acquisition Act 1978 7\nin accordance with an authorisation under section 29.\nMaximum penalty: 20 penalty units or imprisonment for 6 months.\nPart IIIA Acquisition by agreement\n","sortOrder":12},{"sectionNumber":"31A","sectionType":"section","heading":"Agreement with owner, &c.","content":"31A Agreement with owner, &c.\nThe Minister may acquire land under this Act by agreement if the\nagreement is:\n(a) in the case of the acquisition of a native title right or interest –\nin accordance with an indigenous land use agreement; or\n(b) in the case of any other interest in land – with the owner of the\nland.\nPart IV Pre-acquisition procedures: acquisitions above\nhighwater mark and acquisitions of native title\nbelow highwater mark for non-government\n","sortOrder":13},{"sectionNumber":"31B","sectionType":"section","heading":"Application above highwater mark etc.","content":"31B Application above highwater mark etc.\n(1) Subject to subsections (2) and (3), this Part applies in relation to:\n(a) the compulsory acquisition of an interest in land to the extent\nthat the acquisition relates to an onshore place on the\nlandward side of the mean highwater mark of the sea; and\n(b) the compulsory acquisition of an interest in land to the extent\nthat the acquisition relates to an onshore place on the\nseaward side of the mean highwater mark of the sea where\nthe compulsory acquisition is an act to which the\nconsequences of section 24MD(6B) of the Native Title Act\napply.\n(1A) The compulsory acquisition of an interest in land on an onshore\nplace on the seaward side of the mean highwater mark of the sea\n(other than a compulsory acquisition that is an act to which the\nconsequences of section 24MD(6B) apply) is dealt with under\nPart IVA.\n\nLands Acquisition Act 1978 8\n(2) Where, in relation to the compulsory acquisition of land:\n(a) this Part would, but for this subsection, apply in relation to the\ncompulsory acquisition of so much of the land as is on the\nlandward side of the mean highwater mark of the sea; and\n(b) Part IVA would, but for this subsection, apply in relation to the\ncompulsory acquisition of so much of the land as is on the\nseaward side of the mean highwater mark of the sea,\nthe compulsory acquisition is to be taken to consist of 2 separate\nacts of compulsory acquisition as follows:\n(c) the compulsory acquisition of land on the landward side of the\nmean highwater mark of the sea;\n(d) the compulsory acquisition of land on the seaward side of the\nmean highwater mark of the sea.\n(3) Divisions 1 and 2 of this Part do not apply in relation to a\ncompulsory acquisition to which section 40 applies.\n","sortOrder":14},{"sectionNumber":"31C","sectionType":"section","heading":"Acquisition of native title valid if procedures complied with","content":"31C Acquisition of native title valid if procedures complied with\nA compulsory acquisition of native title rights and interests to which\nthis Part applies is only valid if in relation to the compulsory\nacquisition the procedures of this Part are complied with, and it is\ninvalid if they are not.\n","sortOrder":15},{"sectionNumber":"32","sectionType":"section","heading":"Notification of proposal","content":"32 Notification of proposal\n(1) The Minister may compulsorily acquire land in relation to which this\nPart applies if the Minister has:\n(a) caused a search to be made of:\n(ii) the Register of Native Title Claims and the National\nAct;\n\nLands Acquisition Act 1978 9\n(b) caused a notice of proposal to be served on each person\nascertained as a result of that search or otherwise as having\nor claiming to have an interest in the land that will be divested,\nmodified or affected by the acquisition of the land, including:\n(ii) the registered native title bodies corporate (if any) in\nrelation to any of the land;\n(c) if native title rights and interests may be affected by the\nproposal – caused a copy of the notice to be served on the\nrepresentative Aboriginal/Torres Strait Islander body or bodies\nin relation to any of the land;\n(d) if the land is registered on the register referred to in\nparagraph (a)(i) – caused a copy of the notice to be lodged\nwith the Registrar-General;\n(da) if native title rights and interests will or may be affected by the\nproposal – caused a copy of the notice to be lodged with the\nNative Title Registrar;\n(e) caused a notice of proposed acquisition to be published in a\nnewspaper circulating in the area in which the land is situated;\nand\n(f) caused a notice of proposal in the approved form to be served\non the other persons the Minister is satisfied have an interest\nin the land that will be divested, modified or affected by the\nacquisition and on the other persons the Minister thinks\nnecessary.\n(2) A notice of proposal or notice of proposed acquisition under\nsubsection (1) may relate to the acquisition of more than one area\nof land or more than one interest in the same area of land.\n(2A) If the Minister:\n(a) receives an application in accordance with the statement\nreferred to in section 33(3)(c) and is satisfied that the applicant\nmay have an interest in the land proposed to be acquired; or\n(b) is advised in accordance with the statement referred to in\nsection 33(3)(d) that a person has a claim for registration\npending as described in section 33(3)(d),\n\nLands Acquisition Act 1978 10\nwithin 14 days after receiving the application or being so advised,\nthe Minister must cause a notice of proposal to be served on the\napplicant or person.\n(3) The serving of a notice of proposal under subsection (1)(b) or (f)\nor (2A) does not constitute:\n(a) an offer or binding agreement to acquire the land the subject\nof the notice; or\n(b) a recognition by the Territory that the person on whom it is\nserved has an interest in the land proposed to be acquired.\n","sortOrder":16},{"sectionNumber":"33","sectionType":"section","heading":"Form of notices","content":"33 Form of notices\n(1) A notice of proposal is to be in the approved form and contain:\n(c) an invitation to the person on whom the notice is served to\nnegotiate with the Minister the conditions of the acquisition of\nthe person's interest by agreement under this Act and advice\nto the person that in the absence of agreement the land will be\ncompulsorily acquired but that the land will only be acquired\n(whether by agreement or compulsorily) after all objections\nlodged in accordance with section 34 have been dealt with\nunder this Part; and\n(d) a statement:\n(i) specifying, in accordance with section 34(1), the period\nwithin which the person served with the notice of\nproposal may lodge with the Minister an objection to the\nacquisition so far as it affects the person's interest in the\nland and the date on which that period commences\n(being 10 days after the date of publication of the notice\nof proposed acquisition); and\n(ii) to the effect that, if the person is a registered native title\nclaimant or registered native title body corporate or has\na claim for registration pending as described in\nsubsection (3)(d) in relation to any of the land, the\nperson may lodge an objection to the acquisition so far\nas it affects the person's native title right and interests.\n\nLands Acquisition Act 1978 11\n(2) The Minister must cause to be served on each person served with a\nnotice of proposal under section 32(1)(b) or (f) or (2A) a statement\nin the approved form summarising the rights of such persons under\nthis Act.\n(3) A notice of proposed acquisition is to be in the approved form and\ncontain:\n(c) a statement indicating that a person who has or claims to have\nan interest in the land that will be divested, modified or\naffected by the acquisition may, within 21 days of the date of\npublication of the notice, apply to the Minister for a notice of\nproposal and must indicate in the application the nature of the\ninterest held or claimed;\n(d) a statement indicating that if:\n(i) within 3 months after the date specified in the notice of\nproposal referred to in paragraph (e), a person (other\nthan a person served under section 32(1)(b)(i) or (ii))\nadvises the Minister in writing that the person has made\nan application to the Federal Court for a determination of\nnative title in respect of any of the land proposed to be\nacquired; and\n(ii) the Native Title Registrar has not yet decided whether or\nnot to accept the claim for registration in the Federal\nCourt application,\nthe person may, within 4 months from the date specified in the\nnotice of proposal referred to in paragraph (e), lodge an\nobjection to the acquisition so far as it affects the native title\nrights and interests specified in the claim; and\n(e) a statement indicating that a person referred to in\nparagraph (c) or (d) is not entitled under this Act to lodge an\nobjection to the acquisition unless the person has been served\nwith a notice of proposal under section 32(2A).\n\nLands Acquisition Act 1978 12\n","sortOrder":17},{"sectionNumber":"34","sectionType":"section","heading":"Lodgement of objections","content":"34 Lodgement of objections\n(1) Where a person is served with a notice of proposal under\nsection 32, the person may:\n(a) if the person has a claim for registration pending as described\nin section 33(3)(d) – within 4 months after the date specified in\nthe notice of proposal (being 10 days after the date of\npublication of the notice of proposed acquisition); or\n(b) in any other case – within 2 months after the date specified in\nthe notice of proposal (being 10 days after the date of\npublication of the notice of proposed acquisition) or within the\nfurther period allowed in writing by the Minister,\nlodge with the Minister an objection to the acquisition so far as it\naffects that interest.\n(1A) Subject to subsection (1)(a), a person who claims to have native\ntitle rights and interests in land the subject of a proposal may only\nlodge an objection under subsection (1) if the person is a registered\nnative title claimant in respect of those rights and interests.\n(1B) An objection lodged under subsection (1)(a) is to be taken not to\nhave been lodged if, by the end of 4 months after the date specified\nin the notice of proposal (being 10 days after the date of publication\nof the notice of proposed acquisition), the Native Title Registrar:\n(a) has not accepted the claim for registration; or\n(b) has not yet decided whether or not to accept the claim for\nregistration.\n(2) For the purposes of subsection (1), the objection of a registered\nnative title claimant or registered native title body corporate in\nrelation to any of the land proposed to be acquired may include an\nobjection to the acquisition so far as it affects their registered native\ntitle rights and interests.\n(3) An objection:\n(a) is to be in the approved form; and\n(b) is to contain particulars of the effect that the acquisition would\nhave on the interest that the person objecting has or claims to\nhave in the land.\n\nLands Acquisition Act 1978 13\n(4) Subject to section 89A, compensation is payable to a person whose\ninterest in land is acquired under this Part whether or not the\nperson lodged an objection to the acquisition under section (1).\n(5) If there are no registered native title claimants or registered native\ntitle bodies corporate in relation to any of the land proposed to be\nacquired and either:\n(a) the purpose of the acquisition is to confer rights or interests in\nrelation to the land proposed to be acquired on the Territory\nand the Minister makes a statement in writing to that effect\nbefore the acquisition takes place;\n(b) the purpose of the acquisition is to provide an infrastructure\nfacility within the meaning of section 253 of the Native Title\nAct; or\n(c) the acquisition relates solely to land or waters within a town or\ncity within the meaning of section 251C of the Native Title Act,\nthe representative Aboriginal/Torres Strait Islander body in relation\nto any of the land proposed to be acquired may, within 2 months\nafter being served with a copy of the notice of proposal under\nsection 32(1)(c) or within the further time allowed in writing by the\nMinister, lodge in writing with the Minister comments on the\n(6) In addition to any other requirements of this Act relating to the\nconsideration of objections and comments about a proposal, the\nMinister must consider any comments lodged under subsection (5)\nbefore determining whether or not to proceed with the proposal.\n","sortOrder":18},{"sectionNumber":"35","sectionType":"section","heading":"Modification or abandonment of proposal","content":"35 Modification or abandonment of proposal\n(1) The Minister may, at any time before the date of acquisition, modify\nor abandon a proposal.\n(2) The Minister must cause notice of any modification or abandonment\nof a proposal to be lodged with:\n(a) each affected person; and\n(c) if a copy of the notice of proposal was lodged with the\nRegistrar-General or the Native Title Registrar under\nsection 32(1)(d) – the Registrar-General or the Native Title\nRegistrar, as the case may be.\n\nLands Acquisition Act 1978 14\n(3) The abandonment of a proposal under this section does not prevent\nthe Minister from entering into negotiations to acquire the land the\nsubject of the proposal by agreement under this Act or otherwise or\nprevent the acquisition of that land by such agreement.\n(4) A reference in this section to the modification of a proposal is to be\nread as a reference to a modification that results in either or both of\nthe following:\n(a) a reduction in the area of land proposed to be acquired;\n(b) an alteration to the manner in which it is proposed to deal with\nthe land if acquired, but not so as to have a greater impact\n(which, in the case of a proposal to deal with the land in a\nmanner that affects native title rights and interests, means a\ngreater impact or affect on native title) than the manner in\nwhich it was originally proposed to deal with the land.\n","sortOrder":19},{"sectionNumber":"35A","sectionType":"section","heading":"Agreement is anticipated and strongly encouraged","content":"35A Agreement is anticipated and strongly encouraged\nIt is anticipated that the parties concerned will only have recourse to\nthe provisions of this Act relating to the procedure for dealing with\nan objection to a proposal or determining compensation payable for\nthe acquisition of an interest in acquired land if they are unable to\nresolve those objections by agreement or to reach an agreement\nabout that compensation, and the parties concerned are strongly\nencouraged to resolve objections by agreement and to reach\nagreement about compensation; it being noted that the parties may\nenter into one or more agreements relating to the resolution of\nobjections, compensation or both and that agreement may be\nreached, in the case of objections, at any time before the Minister\ndecides to compulsorily acquire the land and, in the case of\ncompensation, at any time before compensation is paid and, in\neither case, as a result of discussions held at any time and whether\nas part of the consultations under section 37 or otherwise than\nunder this Act.\n","sortOrder":20},{"sectionNumber":"36","sectionType":"section","heading":"Invitation to consult","content":"36 Invitation to consult\nSubject to section 34(1B), within 14 days after the last day on which\nany person was entitled under section 34 to lodge an objection to a\nproposal, the Minister must invite each person who lodged an\nobjection in accordance with section 34 to consult with the Minister\nin accordance with section 37.\n\nLands Acquisition Act 1978 15\n","sortOrder":21},{"sectionNumber":"37","sectionType":"section","heading":"Consultation and mediation","content":"37 Consultation and mediation\n(1) Subject to section 34(1B), the Minister must consult with a person\nwho lodged an objection in accordance with section 34 about the\n(2) Where under subsection (1) the Minister consults with any\nregistered native title claimant or registered native title body\ncorporate who objects to the acquisition, the consultation is to\ninclude consultation with the claimant or body about ways of\nminimising the impact of the acquisition on registered native title\nrights and interests in relation to the land, including (if\nsection 24MD(6B)(e) of the Native Title Act applies in relation to the\nacquisition and it is relevant to do so) about any access to that land\nor the way in which anything authorised by the acquisition might be\ndone.\n(3) For the purposes of subsection (1), consultation is to take place\nover a period of:\n(a) if the proposal relates to less than 5 hectares of land –\n3 months; or\n(b) if the proposal relates to 5 or more hectares of land –\n4 months,\ncommencing at the end of 14 days after the last day on which any\nperson is entitled under section 34 to lodge an objection to the\nproposal.\n(4) Subject to subsection (4A) and section 38, at any time within the\nrelevant consultation period referred to in subsection (3), the\nMinister and the person objecting to the acquisition may agree to\nrefer the matter to mediation and the matter is to be taken to have\nbeen referred accordingly.\n(4A) Subject to section 38, in the case of an acquisition to which\nsection 5A(1)(b) applies, either the Minister or the person objecting\nto the acquisition may, after inquiring in writing of the other party as\nto that party's attitude towards mediation, refer the matter to\nmediation and the matter is to be taken to have been referred\naccordingly.\n(5) For the purposes of subsections (4) and (4A):\n(a) the parties may agree on the appointment of a mediator; or\n\nLands Acquisition Act 1978 16\n(b) if the parties agree to mediation under subsection (4) but\ncannot agree on the mediator or one of the parties refers the\nmatter to mediation.\n(6) Nothing in this section is to be taken to prevent the parties from\ncommencing consultations before the period referred to in\nsubsection (3) commences.\n(7) The parties are encouraged to consult with a view to resolving\nobjections and nothing in this section is to be taken to prevent the\nparties from doing so.\n","sortOrder":22},{"sectionNumber":"38","sectionType":"section","heading":"Application to Tribunal","content":"38 Application to Tribunal\n(1) At any time:\n(a) after:\n(i) the end of the relevant consultation period referred to in\nsection 37(3); or\n(ii) if a matter was referred to mediation under section 37(4)\nor (4A) and the parties have agreed to the mediation\nbeing conducted or continuing to be conducted during a\nfurther period of 30 days after the relevant consultation\nperiod referred to in section 37(3) – the end of that\nfurther period; or\n(b) if the Minister and the person objecting have agreed in writing\nthat neither party may take action under this section until after\na longer period has expired – after that longer period,\neither the Minister or the person objecting to the acquisition may\napply to the Tribunal to have the objection to the acquisition heard.\n(2) The Tribunal must not proceed to hear and make recommendations\nabout the objection unless the parties to the proceeding have\ncomplied with sections 36, 37 and 38.\n(3) For subsection (2), the non-participation in the consultation process\nby the party objecting to the acquisition is not a ground for refusal\nby the Tribunal to hear and make recommendations about the\nobjection.\n\nLands Acquisition Act 1978 17\n38AA Criteria for making recommendation\n(1) In making a recommendation in relation to the acquisition of land,\nthe Tribunal must take into account all matters that the Tribunal\nconsiders relevant.\n(2) Where registered native title rights and interests will be or may be\naffected by the acquisition, the matters that the Tribunal must take\ninto account under subsection (1) include:\n(a) all objections in relation to the effect that the acquisition will\nhave or is likely to have on registered native title rights and\ninterests that were referred to the Tribunal and all submissions\nmade to the Tribunal about those objections, which may\ninclude objections and submissions about those objections as\nto the effect of the acquisition on any of the following:\n(i) the enjoyment by the native title claim group of those\nregistered native title rights and interests;\n(ii) the way of life, culture and traditions of the native title\nclaim group;\n(iii) the development of the social, cultural and economic\nstructures of the native title claim group;\n(iv) the freedom of access by the native title claim group to\nthe land or waters concerned and their freedom to carry\nout rites, ceremonies or other activities of cultural\nsignificance on the land or waters in accordance with\ntheir traditions;\n(v) any area or site, on the land or waters concerned, of\nparticular significance to the native title claim group in\naccordance with their traditions;\n(b) ways of minimising the impact of the acquisition on registered\nnative title rights and interests, including in relation to access\nto the land the subject of the acquisition;\n(c) the economic or other significance of the acquisition to the\nTerritory and to the region in which the land the subject of the\nacquisition is located, including the Aboriginal peoples who\nlive in that region; and\n(d) the public interest in the acquisition.\n\nLands Acquisition Act 1978 18\n(3) Before making a recommendation in relation to the acquisition of\nland:\n(a) the Tribunal must inquire of the parties to the proceeding\nwhether there are any issues relevant to its recommendation\nin relation to which the parties have reached agreement; and\n(b) if such an agreement has been reached and the parties\nconsent to the Tribunal doing so, the Tribunal must (if\nrelevant) take the agreement into account.\n(4) In subsection (2)(a), native title claim group, in relation to\nregistered native title rights and interests, means:\n(a) the registered native title claimants and the persons on whose\nbehalf the claim in respect of those native title rights and\ninterests is made; or\n(b) the persons in respect of whom there is an approved\ndetermination of native title to the effect that those persons\nhold native title, including the members of a registered native\ntitle body corporate.\n","sortOrder":23},{"sectionNumber":"38A","sectionType":"section","heading":"Procedure if no objections lodged, objections withdrawn, &c.","content":"38A Procedure if no objections lodged, objections withdrawn, &c.\n(1) An objection lodged under section 34 may be withdrawn at any time\nby notice in writing given to the Minister.\n(2) If:\n(a) at the end of the last day on which any person is entitled\nunder section 34 to lodge an objection to a proposal, no such\nobjections have been lodged; or\n(b) after the last day on which any person was entitled under\nsection 34 to lodge an objection to a proposal but immediately\nbefore the Minister determines whether or not to proceed with\nthe proposal in respect of each objection lodged, either:\n(i) the objection has been withdrawn; or\n(ii) if the objection was lodged by a registered native title\nclaimant – the claimant has been removed from the\nRegister of Native Title Claims for a reason other than\nbecause an approved determination of native title that\nthe claimant holds native title in any of the land proposed\nto be acquired has been made or the claimant has been\nreplaced under section 66B of the Native Title Act,\n\nLands Acquisition Act 1978 19\nthe Minister may proceed to compulsorily acquire the land.\n(3) If, after an objection to a proposal has been referred to the Tribunal\nunder section 38, the circumstances in subsection (2)(b)(i) or (ii)\noccur in relation to the proposal:\n(a) the Minister must notify the Tribunal in writing of that fact; and\n(b) on being so notified, the Tribunal must not proceed to make a\ndetermination in respect of the matter.\n(4) If the circumstances in subsection (2)(b)(i) or (ii) occur in relation to\na proposal after the Tribunal has made a recommendation in\nrelation to the proposal, section 45 does not apply and the Minister\nmay proceed to compulsorily acquire the land.\n","sortOrder":24},{"sectionNumber":"38B","sectionType":"section","heading":"Consultations may continue","content":"38B Consultations may continue\nNothing in this Act is to be taken to affect the ability of the parties to\ncontinue efforts to resolve an objection to an acquisition lodged\nunder section 34 until such time as the Minister decides whether or\nnot to compulsorily acquire the land the subject of the proposal,\nincluding while the objection is before the Tribunal.\n","sortOrder":25},{"sectionNumber":"39","sectionType":"section","heading":"Agreement and determination under Subdivision P made","content":"39 Agreement and determination under Subdivision P made\nbefore 30 September 1998\n(1) Where, immediately before 30 September 1998:\n(a) an agreement under section 31(1)(b) of the old Native Title Act\nhad been made; or\n(b) a determination under section 38(1) of the old Native Title Act\nhad been made,\nthe agreement or determination is saved and applies instead of the\npre-acquisition procedures under Divisions 1 and 2 of this Part.\n(2) In subsection (1), old Native Title Act means the Native Title\nAct 1993 of the Commonwealth as in force immediately before\n\nLands Acquisition Act 1978 20\n","sortOrder":26},{"sectionNumber":"40","sectionType":"section","heading":"Compulsory acquisition where right to negotiate applies","content":"40 Compulsory acquisition where right to negotiate applies\n(1) This section applies in relation to the following:\n(a) a proposal to compulsorily acquire native title rights and\ninterests where:\n(i) the proposal relates to an alternative provision area;\n(ii) the proposed acquisition is an act to which Subdivision P\nof Division 3 of Part 2 of the Native Title Act applies; and\n(iii) a notice under section 29 of the Native Title Act is given\nbefore a determination under section 43A(1)(b) of the\nNative Title Act in respect of the relevant provisions of\nthis Act comes into force;\n(b) a proposal to compulsorily acquire native title rights and\ninterests where the proposed acquisition is an act to which\nSubdivision P of Division 3 of Part 2 of the Native Title Act\napplies (other than an acquisition that relates to an alternative\nprovision area) and a notice under section 29 of the Native\nTitle Act is given at any time;\n(c) a proposal to compulsorily acquire native title rights and\ninterests where:\n(i) the proposal relates to an alternative provision area; and\n(ii) a notice of proposal is given after a determination under\nsection 43A(1)(b) of the Native Title Act in respect of the\nrelevant provisions of this Act comes into force but,\nbefore those procedures are completed or the\ncompulsory acquisition is done, that determination\nceases to be in force.\n(2) Divisions 1 and 2 of this Part do not apply in relation to a proposal\nto which this section applies.\n(3) Subject to section 41(6) of this Act and to Subdivision P of\n","sortOrder":27},{"sectionNumber":"Div 3","sectionType":"division","heading":"of Part 2 of the Native Title Act, native title rights and","content":"Division 3 of Part 2 of the Native Title Act, native title rights and\ninterests that are the subject of a proposal to which this section\napplies may only be compulsorily acquired under section 43(1)(b) of\nthis Act after the Minister has complied with the procedures in that\nSubdivision.\n\nLands Acquisition Act 1978 21\n","sortOrder":28},{"sectionNumber":"41","sectionType":"section","heading":"Abandonment of proposal","content":"41 Abandonment of proposal\n(1) The Minister may, at any time before the date of acquisition,\nabandon a proposal in relation to which section 39 or 40 applies.\n(2) The Minister must cause notice of the abandonment of a proposal\nto be given to the persons to whom notice of the proposal was\ngiven under section 29 of the Native Title Act.\n(3) The abandonment of a proposal does not prevent the Minister from\nentering into negotiations to acquire the native title rights and\ninterests the subject of the proposal by agreement under this Act or\notherwise or prevent the acquisition of those rights and interests by\nsuch agreement.\n(5) The abandonment of a proposal in relation to which section 40(1)(b)\nor (c) applies does not prevent the Minister from compulsorily\nacquiring the native title rights and interests the subject of the\nproposal if in doing so the Minister complies with Subdivision P of\nDivision 3 of Part 2 of the Native Title Act.\n(6) The abandonment of a proposal in relation to which section 40(1)(a)\napplies does not prevent the Minister from compulsorily acquiring\nthe native title rights and interests the subject of the proposal once\na determination under section 43A(1)(b) of the Native Title Act in\nrespect of the relevant provisions of this Act comes into force if in\ndoing so the Minister complies with Divisions 1 and 2 of this Part\nand in so complying the Minister causes the relevant notices of\nproposal to be served under section 32(1) at least 12 months after\nnotice of the abandonment is given under subsection (2).\nPart IVA Pre-acquisition procedures: certain\nacquisitions below highwater mark\n","sortOrder":29},{"sectionNumber":"42","sectionType":"section","heading":"Application","content":"42 Application\n(1) Subject to section 31B(2), this Part applies in relation to the\ncompulsory acquisition of land to the extent that the acquisition\nrelates to an onshore place on the seaward side of the mean\nhighwater mark of the sea, other than a compulsory acquisition that\nis an act to which the consequences of section 24MD(6B) of the\nNative Title Act apply.\n(2) To avoid doubt:\n(a) this Part applies in relation to:\n(i) the compulsory acquisition of an interest in land (other\nthan a native title right or interest) for any purpose; and\n\nLands Acquisition Act 1978 22\n(ii) the compulsory acquisition of native title rights and\ninterests for a purpose other than the purpose described\nin section 24MD(6B) of the Native Title Act; and\n(b) Part IV applies in relation to the compulsory acquisition of\nnative title rights and interests for the purpose described in\nsection 24MD(6B) of the Native Title Act.\n(3) Where it is proposed to compulsorily acquire an interest of a type\ndescribed in paragraph (a) and an interest of a type described in\nparagraph (b), this Part applies in relation to the firstmentioned\ninterest and Part IV applies in relation to the secondmentioned\ninterest.\n","sortOrder":30},{"sectionNumber":"42A","sectionType":"section","heading":"Notification of proposal","content":"42A Notification of proposal\n(1) The Minister may compulsorily acquire land in relation to which this\nPart applies if the Minister has:\n(a) caused a search to be made of:\n(ii) the Register of Native Title Claims and the National\nAct;\n(b) caused a notice of proposal to be served on each person\nascertained as a result of that search or otherwise as having\nor claiming to have an interest in the land that will be divested,\nmodified or affected by the acquisition of the land, including:\n(ii) the registered native title bodies corporate (if any) in\nrelation to any of the land;\n(c) if native title rights and interests may be affected by the\nacquisition – caused a copy of the notice of proposal to be\nserved on the representative Aboriginal/Torres Strait Islander\nbody or bodies in relation to the land;\n(d) if the land is registered on a register referred to in\nparagraph (a) – caused a copy of the notice to be lodged with\nthe Registrar-General or the Native Title Registrar, as the\ncase may be;\n\nLands Acquisition Act 1978 23\n(e) caused a notice of proposed acquisition in the approved form\nto be published in a newspaper circulating in the area in which\nthe land is situated; and\n(f) caused a notice of proposal in the approved form to be served\non the other persons the Minister is satisfied have an interest\nin the land that will be divested, modified or affected by the\nacquisition and on the other persons the Minister thinks\nnecessary.\n(2) A notice of proposal or notice of proposed acquisition under\nsubsection (1) may relate to the acquisition of more than one area\nof land or more than one interest in the same area of land.\n(2A) If the Minister receives an application in accordance with the\nstatement referred to in section 42B(3)(c) and is satisfied that the\napplicant may have an interest in the land proposed to be acquired,\nwithin 14 days after receiving the application, the Minister must\ncause a notice of proposal to be served on the applicant.\n(3) The serving of a notice of proposal under subsection (1)(b) or (f)\nor (2A) does not constitute:\n(a) an offer or binding agreement to acquire the land the subject\nof the notice; or\n(b) a recognition by the Territory that the person on whom it is\nserved has an interest in the land proposed to be acquired.\n","sortOrder":31},{"sectionNumber":"42B","sectionType":"section","heading":"Form of notices","content":"42B Form of notices\n(1) A notice of proposal is to be in the approved form and contain:\n(c) an invitation to the person on whom the notice is served to\nnegotiate with the Minister the conditions of the acquisition of\nthe person's interest by agreement under this Act and advising\nthe person that in the absence of agreement the land will be\ncompulsorily acquired;\n(d) a statement indicating the period within which a person served\nwith a notice of proposal may lodge with the Minister\ncomments on the acquisition; and\n(e) where the proposal is for the acquisition of native title rights\nand interests – a statement to the effect that, if there are no\n\nLands Acquisition Act 1978 24\nregistered native title claimants or registered native title bodies\ncorporate in relation to the land the subject of the proposal,\nthe representative body or bodies in relation to that land may,\nwithin 2 months after being served with a copy of a notice of\nproposal under section 42A(1)(c), lodge in writing with the\nMinister comments on the acquisition.\n(2) The Minister must cause to be served on each person served with a\nnotice of proposal under section 42A(1)(b) or (f) or (2A) a statement\nin the approved form summarising the rights of such persons under\nthis Act.\n(3) A notice of proposed acquisition is to be in the approved form and\ncontain:\n(c) a statement indicating that a person who has or claims to have\nan interest in the land that will be divested, modified or\naffected by the acquisition may, within 21 days of the date of\npublication of the notice, apply to the Minister for a notice or\nproposal and must indicate in the application the nature of the\ninterest held or claimed; and\n(d) a statement indicating that a person referred to in\nparagraph (c) is not entitled under this Act to lodge comments\non the acquisition unless the person has been served with a\nnotice of proposal under section 42A(2A).\n","sortOrder":32},{"sectionNumber":"42C","sectionType":"section","heading":"Comments on acquisition","content":"42C Comments on acquisition\n(1) Where a person is served with a notice of proposal under\nsection 42A, the person may:\n(a) if the person was served under section 42A(1)(b) – within\n2 months after the date of the notice of proposal or within the\nfurther period allowed in writing by the Minister; or\n(b) in any other case – within 2 months after the date of\npublication of the notice of acquisition or within the further\nperiod allowed in writing by the Minister,\nlodge with the Minister comments on the acquisition.\n\nLands Acquisition Act 1978 25\n(2) Where:\n(a) the proposal is for the acquisition of native title rights and\ninterests (if any); and\n(b) there are no registered native title claimants or registered\nnative title bodies corporate in relation to any of the land the\nsubject of the proposal,\nthe representative Aboriginal/Torres Strait Islander body or bodies\nin relation to that land who were served with a copy of the notice of\nproposal under section 42A(1)(c) may, within 2 months after the\ndate of the notice of proposal or such further period as the Minister\nin writing allows, lodge in writing with the Minister comments on the\n(3) Subject to section 89A, compensation is payable to a person whose\ninterest in land is acquired under this Part whether or not comments\non the acquisition were lodged under subsection (1) or (2).\n","sortOrder":33},{"sectionNumber":"42D","sectionType":"section","heading":"Minister to have regard to comments","content":"42D Minister to have regard to comments\nThe Minister must not compulsorily acquire land in relation to which\nthis Part applies unless the Minister has taken into account the\ncomments (if any) lodged in accordance with section 42C.\n","sortOrder":34},{"sectionNumber":"43","sectionType":"section","heading":"Acquisition generally","content":"43 Acquisition generally\n(1) Subject to this Act, the Minister may acquire land under this Act for\nany purpose whatsoever:\n(aa) if the acquisition is under an indigenous land use agreement\nas referred to in section 31A(a) – in accordance with the terms\nof the agreement and by causing a notice declaring the land to\nbe acquired to be published in the Gazette;\n(a) if the acquisition is by agreement with the owner of the land as\nreferred to in section 31A(b) – by causing an instrument of\ntransfer or other document evincing title to the land in the\nTerritory to be registered under the Land Title Act 2000 by the\nRegistrar-General; or\n\nLands Acquisition Act 1978 26\n(b) if the pre-acquisition procedures in Parts IV and IVA as\napplicable have been complied with – by compulsory\nacquisition by causing a notice declaring the land to be\nacquired to be published in the Gazette.\n(2) Where an application has been made under section 38 to have an\nobjection to the acquisition heard by the Tribunal, subject to\nsections 44 and 45, the Minister must not acquire land the subject\nof the proposal until he or she has received and considered the\nrecommendation of the Tribunal.\n","sortOrder":35},{"sectionNumber":"44","sectionType":"section","heading":"Acquisition on urgency","content":"44 Acquisition on urgency\n(1) Despite sections 34, 36, 37, 38, 42C and 42D, if subsection (2)\nor (3) applies, the Minister may compulsorily acquire land under\nsection 43(1)(b):\n(a) before the period for lodging an objection to the acquisition\nunder section 34 has expired;\n(b) where an objection to the acquisition has been lodged in\naccordance with section 34 – without considering the objection\nor consulting with the person who lodged the objection;\n(c) where an application to have an objection to the acquisition\nheard by the Tribunal has been made – without the Tribunal\nhearing the objection or making a recommendation about the\nobjection and without the Minister receiving or considering the\nrecommendation of the Tribunal;\n(d) before the period for lodging comments about the objection\nunder section 42C has expired; or\n(e) where comments on the acquisition have been lodged in\naccordance with section 42C – without considering those\ncomments.\n(2) The Minister may compulsorily acquire land in accordance with\nsubsection (1) if:\n(a) the compulsory acquisition is not a future act; and\n(b) the Minister certifies in accordance with subsection (3A) that it\nis not practicable to delay the acquisition.\n\nLands Acquisition Act 1978 27\n(3) The Minister may compulsorily acquire land in accordance with\nsubsection (1) where native title rights and interests may exist if:\n(a) the purpose of the acquisition is to confer rights or interests in\nrelation to the land proposed to be acquired on the Territory\nand the Minister makes a statement in writing to that effect\nbefore the acquisition takes place; and\n(b) the Minister certifies in accordance with subsection (3A) that it\nis not practicable to delay the acquisition.\n(3A) Land is not to be acquired in accordance with subsection (1) unless\nthe Minister certifies in writing that, having regard to:\n(a) the urgency of the case; or\n(b) any other exceptional circumstances,\nit is not practicable to delay the acquisition until after the\npre-acquisition procedures in Part IV or IVA (as applicable) have\nbeen complied with.\n(4) On being served with a copy of the certificate required under\nsubsection (3A), the Tribunal must terminate any proceedings\nbefore the Tribunal relating to the acquisition to which the certificate\napplies.\n(5) Where the Minister acquires land under this Division (other than by\nagreement) in the circumstances described in subsection (1), the\nMinister must table in the Legislative Assembly, within 3 sitting days\nof the Assembly after the publication of the notice of acquisition in\nthe Gazette, a statement of the reasons for the acquisition.\n","sortOrder":36},{"sectionNumber":"45","sectionType":"section","heading":"Recommendations of Tribunal","content":"45 Recommendations of Tribunal\n(1) Where the Tribunal makes a recommendation in relation to a\nproposal to acquire an interest in land other than native title rights\nand interests, the Minister must not compulsorily acquire the\ninterest unless the Minister has taken the Tribunal's\nrecommendation into account.\n(1A) Where, in relation to a proposal to acquire native title rights and\ninterests, the Tribunal recommends that those rights and interests\nmust not be compulsorily acquired, the Minister must comply with\nthe recommendation unless the conditions specified in\nsubsection (2) are satisfied.\n\nLands Acquisition Act 1978 28\n(1B) Where, in relation to a proposal to acquire native title rights and\ninterests:\n(a) the Tribunal recommends that those rights and interests may\nbe compulsorily acquired, whether or not subject to specified\nconditions; and\n(b) the Minister wishes to compulsorily acquire those rights and\ninterests,\nthe Minister must comply with the recommendation unless the\nconditions specified in subsection (2) are satisfied.\n(2) The Minister must comply with a recommendation of the Tribunal\nreferred to in subsection (1A) or (1B) unless:\n(a) the Minister has consulted with the Minister responsible for\nindigenous affairs (being the Minister to whom responsibility\nfor Aboriginal development is allotted under an Administrative\nArrangements Order) about the proposal by the Minister to\nreject or accept the recommendation and any proposal to\nreject, vary, substitute or add to the conditions in the\nrecommendation;\n(b) the Minister has taken that consultation into account; and\n(c) it is in the interests of the Territory not to comply with the\nrecommendation.\n(2AA) Prior to consultations under section (2)(a):\n(a) the Minister must ensure that the submissions (if any) made to\nthe Tribunal by the registered native title claimant or registered\nnative title body corporate objecting to the acquisition, the\nTribunal's recommendation and the Tribunal's reasons for\nmaking the recommendation are provided to the Minister\nresponsible for indigenous affairs; and\n(b) the Minister responsible for indigenous affairs must ensure\nthat he or she is aware of the content of the submissions,\nrecommendation and reasons.\n(2A) Where:\n(a) the Minister has complied with subsections (2)(a) and (b)\nand (2AA); and\n(b) subsection (2)(c) applies,\n\nLands Acquisition Act 1978 29\nthe Minister may:\n(c) reject the recommendation that the rights and interests not be\ncompulsorily acquired and determine to compulsorily acquire\nthose rights and interests subject to the conditions (if any)\nimposed by the Minister; or\n(d) accept the recommendation that the rights and interests may\nbe compulsorily acquired and:\n(i) reject any of the conditions in the recommendation, with\nor without imposing his or her own conditions;\n(ii) vary any of the conditions in the recommendation;\n(iii) substitute his or her own conditions for any of the\nconditions in the recommendation; or\n(iv) add his or her own conditions to the recommendation,\nand compulsorily acquire the rights and interests accordingly.\n(2B) Within 28 days after being notified under section 49 of the\ncompulsory acquisition of land that was done in accordance with a\ndecision of the Minister of a kind referred to in subsection (2A)(c)\nor (d), any of the following persons may in writing request the\nMinister for reasons for that decision:\n(a) a registered native title claimant or registered native title body\ncorporate who lodged an objection to the acquisition under\nsection 34;\n(b) a registered native title body corporate that is registered on\nthe National Native Title Register maintained under the Native\nTitle Act and holds native title on trust for a person who lodged\nan objection to the acquisition under section 34 in his or her\ncapacity as a registered native title claimant;\n(c) a person who lodged an objection to the acquisition under\nsection 34 in his or her capacity as a registered native title\nclaimant where, in respect of the relevant native title\ndetermination application, an approved determination that the\nclaimant holds native title in the affected land has since been\nmade;\n(d) a person who under section 66B of the Native Title Act\nreplaced a registered native title claimant who lodged an\nobjection to the acquisition under section 34,\nunless the objection was subsequently withdrawn.\n\nLands Acquisition Act 1978 30\n(2C) Within 28 days after receiving a request in accordance with\nsubsection (2B), the Minister must provide written reasons for the\ndecision to the person who requested them.\n(2D) Nothing in this section is to be taken to affect the Minister's\ndiscretion to decide not to compulsorily acquire native title rights\nand interests, including where that discretion is exercised as a\nresult of consultations with the Minister responsible for indigenous\naffairs.\n(3) In subsection (1), in the interests of the Territory includes:\n(a) for the social or economic benefit of the Territory (including of\nAboriginal peoples and Torres Strait Islanders); and\n(b) in the interests of the relevant region or locality in the Territory.\n45AA Where acquisition may be done subject to conditions\n(1) Where under this Act land in respect of which native title rights and\ninterests exist or may exist may be acquired subject to conditions\nrelating to those rights and interests being complied with by the\nparties, the conditions have effect and may be enforced as if they\nwere terms of a contract among the parties.\n(2) If a registered native title claimant lodges an objection to the\nacquisition in accordance with section 34, any other person in the\nnative title claim group concerned is taken to be a party for the\npurposes of subsection (1).\n","sortOrder":37},{"sectionNumber":"45A","sectionType":"section","heading":"Judicial review","content":"45A Judicial review\n(1) A person aggrieved by a decision of the Minister to acquire land\nunder this Division may apply to the Supreme Court for judicial\nreview of the decision.\n(2) On receipt of an application under subsection (1), the Supreme\nCourt may review the Minister's decision.\n(2A) To avoid doubt, judicial review under subsection (2) does not\nextend to a review of the decision on its merits.\n(2B) Where the decision being reviewed complies in whole or in part with\na recommendation of the Tribunal, the recommendation, that part of\nthe decision of the Tribunal to make the recommendation and the\nTribunal's reasons for that part of its decision are all to be taken to\nform part of both the decision being reviewed and the record of the\ndecision being reviewed.\n\nLands Acquisition Act 1978 31\n(2C) Where in pursuance of section 45(2C) the Minister has provided\nreasons for the decision being reviewed, those reasons are to be\ntaken to form part of both that decision and the record of that\ndecision.\n(3) In this section person aggrieved means a person:\n(a) who, immediately before the date of acquisition, had an\ninterest in the acquired land that was divested, modified or\naffected by the acquisition; and\n(b) who lodged an objection to the acquisition under section 34\nthat was not subsequently withdrawn,\nand includes:\n(c) a registered native title claimant or registered native title body\ncorporate whose registered native title rights and interests\nwere affected by the acquisition and who lodged an objection\nto the acquisition under section 34;\n(d) a registered native title body corporate that is registered on\nthe National Native Title Register maintained under the Native\nTitle Act and holds native title on trust for a person who lodged\nan objection to the acquisition under section 34 in his or her\ncapacity as a registered native title claimant;\n(e) a person who lodged an objection to the acquisition under\nsection 34 in his or her capacity as a registered native title\nclaimant where, in respect of the relevant native title\ndetermination application, an approved determination that the\nclaimant holds native title in the affected land has since been\nmade; and\n(f) a person who under section 66B of the Native Title Act\nreplaced a registered native title claimant who lodged an\nobjection to the acquisition under section 34,\nunless the objection was subsequently withdrawn.\n","sortOrder":38},{"sectionNumber":"46","sectionType":"section","heading":"Effect of notice of acquisition","content":"46 Effect of notice of acquisition\n(1) Subject to this section, upon publication in the Gazette of a notice\nof acquisition:\n(a) the land described in the notice vests in the Territory freed and\ndischarged from all interests, trusts, restrictions, dedications,\nreservations, obligations, encumbrances, contracts, licences,\ncharges and rates of any kind; and\n\nLands Acquisition Act 1978 32\n(b) any interest that a person had in the acquired land is divested,\nmodified or affected to the extent necessary to give effect to\nthis subsection.\n(1A) Where a notice of acquisition describes land that is to be excised\nfrom any parcel of land as an Aboriginal community living area as\nthe result of an application under Part 8 of the Pastoral Land\nAct 1992 or Part IV of the Crown Lands Act 1931 as in force before\nthe commencement of the Pastoral Land Act 1992, an estate in fee\nsimple in the land described in the notice of acquisition is, on\npublication in the Gazette of the notice and by virtue of this\nsubsection, granted to the association formed or approved pursuant\nto either of those Parts of those Acts to take the land.\n(1B) Land granted by subsection (1A):\n(a) is granted subject to:\n(i) the provisions of sections 20, 21 and 22 of the Crown\nLands Act 1992; and\n(ii) a mineral title, or any other right or interest, under the\nMineral Titles Act 2010 or a reservation of land under\nPart 6, Division 1 of that Act; and\n(b) is granted as prescribed property within the meaning of the\nAssociations Act 2003,\nbut is otherwise granted freed and discharged from all other\ninterests, trusts, restrictions, dedications, reservations, obligations,\nencumbrances, contracts, licences, charges or rates of any kind,\nand for this purpose any interest that a person had in the granted\nland is divested or modified to the extent necessary to give effect to\nthis subsection.\n(2) A mining interest is not acquired under this section unless the\nnotice of acquisition indicates, whether by specific or general\nreference, that the mining interest has been acquired.\n","sortOrder":39},{"sectionNumber":"47","sectionType":"section","heading":"New interests","content":"47 New interests\nAn interest in land acquired under this Division may be an interest\nwhich did not previously exist as such.\n","sortOrder":40},{"sectionNumber":"48","sectionType":"section","heading":"Land acquired is crown land","content":"48 Land acquired is crown land\n(1) The Minister may, at any time while no person (other than the\nCrown) has an estate or interest in the land, by notice published in\nthe Gazette, declare that any land acquired under this Act is no\nlonger required for the purpose for which it was acquired.\n\nLands Acquisition Act 1978 33\n(2) Land referred to in a notice under subsection (1) may be dealt with\nas unalienated Crown land under a law in force in the Territory.\n","sortOrder":41},{"sectionNumber":"49","sectionType":"section","heading":"Service of notice of acquisition","content":"49 Service of notice of acquisition\n(1) Within one month after the date of acquisition of land compulsorily\nacquired under section 43(1)(b), the Minister:\n(a) must cause a search to be made of:\n(ii) if native title rights and interests have been acquired –\nthe Register of Native Title Claims and the National\nAct;\n(b) may make other inquiries to ascertain who, in the Minister's\nopinion, had an interest in the acquired land at the date of the\nacquisition; and\n(c) must cause a copy of the notice of acquisition:\n(i) to be served on the persons specified in subsection (1A);\n(ii) to be published in a newspaper circulating in the area in\nwhich the acquired land is situated;\n(iii) if the acquired land is under the provisions of the Land\nTitle Act 2000 – to be lodged with the Registrar-General;\nand\n(iv) if the acquired land has not been brought under that\nAct – to be lodged with the proper officer controlling any\nofficial register or record of that land.\n(1A) For the purposes of subsection (1)(c)(i), the following persons are\nto be served with a copy of the notice of acquisition:\n(a) each person whose interest in the land was or may have\nbeen, in the opinion of the Minister, divested, modified or\naffected by the acquisition of the land, including:\n\nLands Acquisition Act 1978 34\n(ii) the registered native title body or bodies corporate (if\nany) in relation to any of the land;\n(b) if native title rights and interests have been acquired – the\nrepresentative Aboriginal/Torres Strait islander body or bodies\nin relation to any of the land acquired.\n(1AA) For the purposes of subsection (1)(c)(iv), where the acquired land is\na native title right or interest:\n(a) the proper officer is the Native Title Registrar under the Native\nTitle Act; and\n(b) the register is the Register of Native Title Claims, the National\nNative Title Register or the Register of Indigenous Land Use\nAgreements maintained under that Act, as the case requires.\n(1AB) Where land is compulsorily acquired under section 43(1)(b) subject\nto conditions relating to native title rights and interests, the copy of\nthe notice of acquisition served on the persons referred to in\nsubsection (1A)(a)(i) and (ii) is to be accompanied by:\n(a) a copy of those conditions; and\n(b) if the Tribunal recommended that the land may be\ncompulsorily acquired subject to conditions relating to native\ntitle rights and interests that are different from the conditions\nreferred to in paragraph (a) – a statement to the effect that\nthere is a difference.\n(2) Upon lodgement of a copy of the notice of acquisition with the\nRegistrar-General, the Registrar-General shall deal with the notice\nas though it were an instrument of transfer or conveyance of the\ninterest specified in the notice from the owner of that interest to the\nTerritory.\n(3) The Minister must cause to be served on each person served under\nsubsection (1)(c)(i) a statement in the approved form summarising\nthe rights of persons whose land has been acquired under this Act.\n(4) Service of a notice under subsection (1) does not of itself constitute\na recognition by the Territory that the person on whom it is served\nhas an interest in the land to which it relates.\n","sortOrder":42},{"sectionNumber":"50","sectionType":"section","heading":"Offers","content":"50 Offers\n(1) If the Minister is of the opinion that:\n(aa) a person specified in section 49(1A)(a) who has been served\nwith a notice under section 49(1)(c)(i); or\n\nLands Acquisition Act 1978 35\n(ab) a person who has lodged a claim for compensation under\nsection 52(1) and in relation to whom section 52(2) applies,\nhas a claim for compensation under this Act that is reasonably\ncapable of being assessed, unless the person is a registered native\ntitle claimant, the Minister must cause to be served on the person:\n(a) an offer of compensation that the Minister considers\nappropriate for the acquisition of that person's interest in the\nacquired land; or\n(b) an offer of the transfer of land and, if the transfer is instead of\npart only of that compensation, compensation.\n(1AA) If the Minister is of the opinion that:\n(a) a person specified in section 49(1A)(a) who has been served\nwith a notice under section 49(1)(c)(i); or\n(b) a person who has lodged a claim for compensation under\nsection 52(1) and in relation to whom section 52(2) applies,\nhas a claim for compensation under this Act that is not reasonably\ncapable of being assessed, unless the person is a registered native\ntitle claimant, the Minister must cause to be served on the person a\nnotice to the effect that the Minister proposes to refer the matter of\ncompensation to the Tribunal under section 51(b).\n(1A) The Minister must cause to be served on a registered native title\nclaimant specified in section 49(1A)(a)(i) who has been served with\na notice under section 49(1)(c)(i) a notice to the effect that, at any\ntime within 3 years after the date of acquisition, or within the further\ntime the Tribunal allows under section 52(1A), the claimant may\nlodge a claim for compensation for the acquisition of the claimant's\nnative title rights and interests in relation to the acquired land.\n(1AB) Nothing in this section prevents the Minister from making an offer\nother than in accordance with this section to a person with a view to\nreaching agreement about compensation claimed.\n(1B) Nothing in subsection (1) or (1A) is to be taken to affect the power\nof the Minister under section 89A to enter into an agreement with a\nregistered native title claimant about compensation payable to the\nclaimant.\n(1C) In the absence of agreement, the compensation that may be\npayable to a person asserting the acquisition of an interest (other\nthan a native title right or interest) in the acquired land that is not\nshown on the Register maintained by the Registrar-General under\nthe Land Title Act 2000 is not determinable by the Tribunal until it is\n\nLands Acquisition Act 1978 36\nestablished in a court of competent jurisdiction that the person\nholds or, but for the acquisition, would have held the interest\nasserted in the acquired land.\n(1D) In the absence of agreement, compensation that may be payable to\na native title holder or a person who asserts to have had a native\ntitle right or interest (including a person who held or asserts to have\nmembers any compensation paid would be distributed but not\nincluding a registered native title body corporate on whom a copy of\na notice of acquisition under section 49(1A)(a)(ii) has been served)\nis not determinable by the Tribunal until an approved determination\nof native title to the effect of any of the following has been made:\nof or the reasons for the determination that native title did exist\nimmediately before the acquisition and was held by the\nsection 50(1D)(b) or (c) rather than the kind referred to in section 50(1D)(d).\n(2) An offer of the transfer of land made under subsection (1)(b):\n(a) is, subject to this section, an offer of:\n(i) possession of; and\n(ii) title to,\nland and improvements, if any, specified in the offer which is,\nin the opinion of the Minister, substantially equivalent to the\nland and improvements, if any, acquired under Division 1;\n(b) may contain an offer to construct a building or other\nimprovements which, in the opinion of the Minister would,\nwhen completed, be substantially equivalent to the building or\nimprovements, as the case may be, on the acquired land; and\n\nLands Acquisition Act 1978 37\n(c) shall specify:\n(i) the nature of the title to that land which will be conveyed\nor transferred to that person; and\n(ii) the terms and conditions under which that title will be\nconveyed or transferred and possession will be given to\nthe person to whom the offer is made.\n(3) An offer of the transfer of land referred to in subsection (2) shall be\naccompanied by:\n(a) a statement or plan showing the location of the buildings or\nimprovements on the land; and\n(b) if the offer is an offer referred to in subsection (2)(b) – a copy\nof the plans and specifications of the buildings or\nimprovements proposed to be constructed.\n(4) An offer may be modified or withdrawn by the Minister at any time\nbefore it is accepted in writing.\n","sortOrder":43},{"sectionNumber":"50A","sectionType":"section","heading":"Compensation other than money in respect of native title","content":"50A Compensation other than money in respect of native title\nWithout limiting the generality of section 50, where an interest in\nland in respect of which compensation is otherwise payable under\nthis Act comprises native title rights or interests, the person or\npersons who are entitled to compensation may request that the\ncompensation should be in a form other than money, and the\nMinister:\n(a) must consider the request; and\n(b) must negotiate in good faith in relation to the request.\n","sortOrder":44},{"sectionNumber":"51","sectionType":"section","heading":"Reference to Tribunal","content":"51 Reference to Tribunal\nIf the Minister has served a notice under section 50(1AA) on any\nperson in relation to his interest in acquired land:\n(a) he may pay the amount of compensation which he considers\nappropriate for the acquisition of the interest acquired into the\nTribunal; and\n(b) whether or not the Minister has paid an amount into the\nTribunal under paragraph (a), the Minister must, at the\nexpiration of one month from the date on which the notice\nunder section 50(1AA) is served, refer the matter to the\nTribunal to be dealt with under Division 3 of Part VIII.\n\nLands Acquisition Act 1978 38\n","sortOrder":45},{"sectionNumber":"52","sectionType":"section","heading":"Claims","content":"52 Claims\n(1) Where a person had, or asserts to have had, an interest in acquired\nland immediately before the date of acquisition, including:\n(a) a registered native title body corporate;\n(b) a person asserting an interest (other than a native title right or\ninterest) that is not shown on the Register maintained by the\nRegistrar-General under the Land Title Act 2000; and\n(c) a registered native title claimant or any other person asserting\na native title right or interest,\nthe person may, at any time within 3 years after the date of\nacquisition or within the further time the Tribunal allows under\nsubsection (1A), lodge with the Minister a claim for compensation in\nthe approved form.\n(1A) The Tribunal has the jurisdiction to extend the time for making a\nclaim referred to in subsection (1) as if the claim were an action to\nwhich section 44 of the Limitation Act 1981 applies and the Tribunal\nwere a court for the purposes of that section.\n(2) Where a person lodges a claim for compensation under\nsubsection (1), the Minister must:\n(aa) if the person holds or, but for the acquisition, would have held\nan interest in the acquired land, including a registered native\ntitle body corporate who holds or would have held native title –\nwithin one month after the claim is lodged;\n(a) if the person is asserting the acquisition of an interest (other\nthan a native title right or interest) in the acquired land that is\nnot shown on the Register maintained by the Registrar-\nGeneral under the Land Title Act 2000 – within one month\nafter being notified by the person that it has been established\nin a court of competent jurisdiction that the person holds or,\nbut for the acquisition, would have held the interest asserted in\nthe acquired land; or\n(b) if the person was a registered native title claimant or otherwise\nhad or asserts to have had a native title right or interest\n(including a person who held or asserts to have held that right\nor interest on behalf of a group among whose members any\ncompensation paid would be distributed but not including a\nregistered native title body corporate on whom a copy of a\nnotice of acquisition under section 49(1A)(a)(ii) has been\nserved) – within one month after being notified by the person\nthat an approved determination of native title to the effect of\n\nLands Acquisition Act 1978 39\nany of the following has been made:\n(i) that the person holds native title;\n(ii) that native title does not exist but did exist immediately\nbefore the acquisition and was held by the person;\n(iii) that native title does not exist and it is apparent from the\nterms of or the reasons for the determination that native\ntitle did exist immediately before the acquisition and was\nheld by the person;\n(iv) that native title does not exist and it is not apparent from\nthe terms of or the reasons for the determination\nwhether native title existed immediately before the\nacquisition,\nsection 52(2)(b)(ii) or (iii) rather than the kind referred to in section 52(2)(b)(iv).\ncause to be served on the person an offer under section 50(1)(a)\nor (b) or a notice under section 50(1AA) (as the case requires) in\nrespect of the interest that the person had or asserts to have had in\nthe acquired land.\n(2A) Nothing in subsection (2) prevents the Minister from making an\noffer to a person mentioned in that subsection with a view to\nreaching an agreement about compensation claimed.\n(3) If no claim is lodged within the 3 years referred to in subsection (1)\nor any further time allowed by the Tribunal under subsection (1A),\nclaims for compensation and interest are, by virtue of this\nsubsection, statute barred.\n","sortOrder":46},{"sectionNumber":"53","sectionType":"section","heading":"Title documents","content":"53 Title documents\n(1) The Minister may, at any time, require any person to deliver up, in\naccordance with his directions, any instrument or other thing which\nis:\n(a) in that person's possession or control; and\n(b) evidence of an interest in acquired land.\n(2) A requirement under subsection (1) shall be:\n(a) signed by the Minister; and\n(b) served on the person to whom it is addressed.\n\nLands Acquisition Act 1978 40\n(3) A person served with a notice under subsection (1) shall not,\nwithout reasonable excuse, fail to deliver up, within the time\nspecified in the notice, an instrument or other thing which he is\nrequired by that notice to deliver up.\nMaximum penalty: 8 penalty units.\n","sortOrder":47},{"sectionNumber":"54","sectionType":"section","heading":"Entry into possession","content":"54 Entry into possession\n(1) Subject to this Part, neither the Territory nor any person for whom\nthe land is acquired is to enter into possession of acquired land\nbefore the expiration of 3 months from the date of acquisition.\n(2) Subsection (1) does not apply if:\n(a) the Minister certifies that, having regard to:\n(i) the urgency of the case; or\n(ii) any other exceptional circumstances,\nit is not practicable to delay entry into possession of the\nacquired land for the 3 months referred to in subsection (l);\n(b) the Minister and the former owner of the land or former native\ntitle holder in relation to the land enter into an agreement in\nrelation to the entry by the Territory or other person into\npossession of the land; or\n(c) the acquired land is not occupied at the date of acquisition.\n(3) The period of 3 months referred to in subsection (1) may be\nextended by agreement between the Minister and the former owner\nof the acquired land or former native title holder in relation to the\nacquired land.\n","sortOrder":48},{"sectionNumber":"55","sectionType":"section","heading":"Warrants","content":"55 Warrants\n(1) A Local Court Judge may, on the application of the Minister, issue a\nwarrant under this section.\n(2) A warrant issued under this section shall be addressed to a\nmember of the Police Force.\n(3) A warrant issued under this section authorises the person to whom\nit is addressed to:\n(a) enter onto the acquired land specified in the warrant;\n\nLands Acquisition Act 1978 41\n(b) deliver possession of the acquired land to the Territory; and\n(c) use such force as is reasonably necessary to execute the\nwarrant.\n","sortOrder":49},{"sectionNumber":"56","sectionType":"section","heading":"Protection of persons executing warrants","content":"56 Protection of persons executing warrants\nA person who executes a warrant issued under section 55(1) does\nnot incur any civil liability if he acts reasonably and without actual\nknowledge of any defect in the warrant or of any lack of jurisdiction\nin the person who issued the warrant.\n","sortOrder":50},{"sectionNumber":"59","sectionType":"section","heading":"Compensation for acquired land","content":"59 Compensation for acquired land\n(1) Subject to section 63, the interest of any person in land acquired\nunder Division 1 of Part V is, at the date of acquisition, converted\ninto a claim for compensation against the Territory.\n(1A) A person who has a claim for compensation under subsection (1)\nmay lodge that claim under section 52(1).\n(2) In the absence of agreement, compensation that may be payable to\na native title holder or a person who asserts to have had a native\ntitle right or interest (including a person who held or asserts to have\nmembers any compensation paid would be distributed but not\nincluding a registered native title body corporate on whom a copy of\na notice of acquisition under section 49(1A)(a)(ii) has been served)\nis not determinable by the Tribunal until an approved determination\nof native title to the effect of any of the following has been made:\nof or the reasons for the determination that native title did exist\nimmediately before the acquisition and was held by the\n\nLands Acquisition Act 1978 42\nsection 59(2)(b) or (c) rather than the kind referred to in section 59(2)(d).\n","sortOrder":51},{"sectionNumber":"60","sectionType":"section","heading":"Compensation for abandonment of proposals","content":"60 Compensation for abandonment of proposals\nAny affected person who:\n(a) sustained any loss; or\n(b) incurred any cost,\nas a natural and reasonable consequence of the service of a notice\nof proposal on him may:\n(c) if the proposal is abandoned under section 35; or\n(d) if the land is not acquired within the time prescribed by this\nAct,\nrecover the amount of that loss or cost from the Territory, other than\ncosts incurred as a result of attending, participating in or being\nrepresented at consultations for the purposes of section 37(1) or\nmediation under section 37(4).\n","sortOrder":52},{"sectionNumber":"61","sectionType":"section","heading":"Damages","content":"61 Damages\n(1) An owner of land, a native title holder or a person who asserts to\nhave had native title right or interest who:\n(a) sustained any loss; or\n(b) incurred any cost,\nby reason of any action taken under Part III may recover that loss\nor cost from the Territory.\n(1A) Nothing in this section prevents the payment by the Territory and\nacceptance by a person referred to in subsection (1) under an\nagreement of valuable consideration in satisfaction for damages to\nwhich that person is or may be entitled under this section.\n(2) In the absence of agreement, damages that may be payable to a\nnative title holder or a person who asserts to have had a native title\nright or interest (including a person who held or asserts to have\n\nLands Acquisition Act 1978 43\nmembers any damages recovered would be distributed) is not\ndeterminable by the Tribunal until an approved determination of\nnative title to the effect of any of the following has been made:\nof or the reasons for the determination whether native title did\nexist immediately before the acquisition and was held by the\nsection 61(2)(b) or (c) rather than the kind referred to in section 61(2)(d).\n","sortOrder":53},{"sectionNumber":"62","sectionType":"section","heading":"Prepayments","content":"62 Prepayments\n(1) Upon the service on a person of an offer of compensation under\nsection 50(1)(a), unless an amount of compensation for the\nperson's interest has been paid into the Tribunal under\nsection 51(a), there shall be payable to that person out of moneys\nappropriated for the purpose an amount of money equal to 90% of\nthe amount of compensation offered.\n(2) If the amount of money paid under subsection (1) exceeds the\namount of compensation determined under this Act for the\nacquisition of the interest of the person to whom the money was\npaid, that person shall be liable to pay to the Territory as a debt\ndue, an amount of money equal to the difference between the\namount paid to him under subsection (1) and the amount of\ncompensation determined under this Act in respect of his interest.\n","sortOrder":54},{"sectionNumber":"63","sectionType":"section","heading":"Offers of resettlement","content":"63 Offers of resettlement\n(1) Where an offer of the transfer of land with compensation is made\nunder section 50(1)(b), the compensation payable under this Act in\nrespect of the acquired land to the person who accepts the offer is\nthe compensation so offered.\n\nLands Acquisition Act 1978 44\n(2) Where an offer of the transfer of land without compensation is\nmade under section 50(1)(b), no compensation is payable under\nthis Act in respect of the acquired land to the person who accepts\nthe offer.\n","sortOrder":55},{"sectionNumber":"64","sectionType":"section","heading":"Interest","content":"64 Interest\n(1) Subject to this section, compensation bears interest from:\n(a) the date of acquisition; or\n(b) such other date as is specified by the Tribunal,\nto the date on which payment is made to the claimant.\n(2) Interest is not payable on compensation in respect of a debt which\nwas, immediately prior to the date of acquisition, secured by a\nmortgage over the acquired land.\n(3) Interest is not payable in respect of so much of the compensation\npayable to a claimant as is paid under section 62(1) from the date\nof that payment.\n(4) Subject to subsection (5) interest is not payable in respect of\ncompensation paid into the Tribunal from the date of payment into\nthe Tribunal.\n(5) Interest paid to the Tribunal on an investment made under\nsection 94 shall be paid to the claimant in respect of whose claim\nthe amount of compensation was paid into the Tribunal by the\nMinister.\n","sortOrder":56},{"sectionNumber":"65","sectionType":"section","heading":"Rates of interest","content":"65 Rates of interest\nThe rate of interest payable under section 64(1) is the rate from\ntime to time fixed by the Minister after consultation with the\nTreasurer.\n","sortOrder":57},{"sectionNumber":"66","sectionType":"section","heading":"Assessment of compensation","content":"66 Assessment of compensation\n(1) Subject to this section, in assessing compensation under this Act,\nthe Tribunal must have regard to, but is not bound by, the rules set\nout in Schedule 2.\n(2) The Chairperson of the Tribunal may, for the purpose of the\nassessment of compensation for land comprising or involving native\ntitle rights and interests, make rules modifying the rules set out in\nSchedule 2.\n\nLands Acquisition Act 1978 45\n(3) Where a claim is made for compensation in respect of the\nacquisition of native title rights and interests, the Tribunal must\nhave regard to, but is not bound by, the rules set out in Schedule 2\nas modified under subsection (2).\n(4) Nothing in this section derogates from the requirement that\ncompensation under this Act is to be on just terms.\n","sortOrder":58},{"sectionNumber":"67","sectionType":"section","heading":"Recovery of compensation","content":"67 Recovery of compensation\nCompensation or damages determined to be payable under this Act\nby the Territory is a debt due by the Territory to the claimant and\nmay be enforced accordingly.\n","sortOrder":59},{"sectionNumber":"67A","sectionType":"section","heading":"Compensation payable without objection","content":"67A Compensation payable without objection\nSubject to section 89A, compensation is payable to a person whose\ninterest in land is acquired under this Part whether or not the\nperson lodged an objection to the acquisition under section 34(1) or\ncomments on the acquisition under section 42C.\n","sortOrder":60},{"sectionNumber":"68","sectionType":"section","heading":"Notices","content":"68 Notices\n(1) A claimant for compensation served with an offer under\nsection 50(1)(a) or (b) shall, within 60 days of the date of service of\nthat notice and offer or offer:\n(a) serve a notice of acceptance of the offer; or\n(b) serve a notice of dispute,\non the Minister.\n(2) A notice of acceptance or dispute under subsection (1) shall:\n(a) be in writing; and\n(b) if it is a notice of dispute:\n(i) be in the approved form; and\n(ii) specify the amount of compensation or additional\ncompensation claimed.\n\nLands Acquisition Act 1978 46\n","sortOrder":61},{"sectionNumber":"69","sectionType":"section","heading":"Reference to Tribunal after first offer","content":"69 Reference to Tribunal after first offer\nIf a claimant for compensation does not comply with section 68(1)\nwithin the time prescribed by that subsection, the Minister may refer\nthe matter to the Tribunal.\n","sortOrder":62},{"sectionNumber":"70","sectionType":"section","heading":"Counter offers","content":"70 Counter offers\nIf the Minister is served with a notice of dispute under\nsection 68(1)(b), he shall, within one month of being served with\nthat notice:\n(a) agree that the amount of compensation claimed in the notice\nof dispute is the appropriate amount of compensation;\n(b) make a further offer under section 50(1); or\n(c) refer the matter to the Tribunal.\n","sortOrder":63},{"sectionNumber":"71","sectionType":"section","heading":"Reference to Tribunal after further offer","content":"71 Reference to Tribunal after further offer\nA claimant for compensation served with an offer under\nsection 70(b) shall, within one month of being served with that offer:\n(a) in writing agree that the amount of compensation offered is the\nappropriate amount of compensation; or\n(b) refer the matter to the Tribunal.\n","sortOrder":64},{"sectionNumber":"72","sectionType":"section","heading":"Documents to be transmitted to Tribunal","content":"72 Documents to be transmitted to Tribunal\nA person who refers a matter to the Tribunal under this Division\nshall transmit to the Tribunal a copy of:\n(a) the notice of acquisition;\n(b) any offer under section 50(1) (including any further offer\nreferred to in section 70(b)); and\n(c) any notice of dispute.\n","sortOrder":65},{"sectionNumber":"73","sectionType":"section","heading":"Claims","content":"73 Claims\n(1) A person who has a claim for compensation under section 60 or 61\nmay, within one month of:\n(a) the date of service of a notice under section 35 of the\nabandonment of the proposal; or\n\nLands Acquisition Act 1978 47\n(b) the date on which the person authorised under Part III to enter\nand remain on the land left the land,\nas the case may be, lodge with the Minister a claim for\ncompensation.\n(2) A claim under subsection (1) shall:\n(a) be in the approved form; and\n(b) specify the amount of compensation claimed.\n","sortOrder":66},{"sectionNumber":"74","sectionType":"section","heading":"Offers","content":"74 Offers\nIf the Minister is served with a claim under section 73, he shall,\nwithin one month of being served with that claim:\n(a) in writing agree that the amount of compensation or damages\nclaimed is the appropriate amount of compensation or\ndamages;\n(b) by notice in writing make an offer to the claimant of the\namount of compensation or damages which he considers to\nbe the appropriate amount of compensation or damages; or\n(c) refer the matter to the Tribunal.\n","sortOrder":67},{"sectionNumber":"75","sectionType":"section","heading":"Reference to Tribunal","content":"75 Reference to Tribunal\nA person served with a notice of offer under section 74(b) shall,\nwithin one month of being served with the notice:\n(a) agree that the amount of compensation offered is the\nappropriate amount of compensation; or\n(b) refer the matter to the Tribunal.\n","sortOrder":68},{"sectionNumber":"76","sectionType":"section","heading":"Documents to be transmitted to Tribunal","content":"76 Documents to be transmitted to Tribunal\nA person who refers a matter to the Tribunal under this Division\nshall transmit to the Tribunal a copy of:\n(a) the claim; and\n(b) any notice of offer under section 74.\n\nLands Acquisition Act 1978 48\n","sortOrder":69},{"sectionNumber":"80","sectionType":"section","heading":"Payment into Tribunal","content":"80 Payment into Tribunal\n(1) The Minister may, at any time, pay the amount of compensation or\ndamages which he considers to be the appropriate amount of\ncompensation or damages to which a claimant for compensation is\nentitled under this Act into the Tribunal.\n(2) An amount paid into the Tribunal under subsection (1) may be paid\nout in accordance with an order of the Tribunal.\n","sortOrder":70},{"sectionNumber":"81","sectionType":"section","heading":"Determinations","content":"81 Determinations\nThe Tribunal shall hear and determine, in relation to each matter\nreferred to it under section 51(b) or this Part:\n(a) whether the claimant for compensation is entitled to\ncompensation under this Act; and\n(b) the amount of compensation to which the claimant is entitled,\nand may recommend that the Minister grant the claimant a loan\nunder rule 11 of Schedule 2.\n","sortOrder":71},{"sectionNumber":"81A","sectionType":"section","heading":"Reconsideration of determination where determination of","content":"81A Reconsideration of determination where determination of\nnative title revised\nIf:\n(a) on an application under section 61 of the Native Title Act, an\napproved determination of native title has been revised; and\n(b) the revocation, variation or other order made as a\nconsequence of that revision affects native title rights or\ninterests acquired under this Act,\nthe relevant native title body corporate or the Minister may refer any\ndetermination of the Tribunal relating to that acquisition that was\nmade before the revision referred to in paragraph (a) back to the\nTribunal for reconsideration and the Tribunal may consider the\nmatter and, if it thinks fit, revise the determination accordingly.\n","sortOrder":72},{"sectionNumber":"82","sectionType":"section","heading":"Instrument of determination","content":"82 Instrument of determination\n(1) The Tribunal shall, within 2 months after hearing a matter referred\nto it under section 51(b) or this Part, issue an instrument of\ndetermination in respect of each matter heard.\n\nLands Acquisition Act 1978 49\n(2) The Tribunal may direct that any compensation in respect of\nacquired land be applied in such manner, and subject to such terms\nand conditions, as the Tribunal thinks fit.\n(3) The Tribunal shall give written reasons for each determination it\nmakes under subsection (1) or (2).\n","sortOrder":73},{"sectionNumber":"83","sectionType":"section","heading":"Service of determinations","content":"83 Service of determinations\nThe Tribunal shall cause to be served on:\n(a) the Minister; and\n(b) each claimant for compensation who referred a matter to it\nunder this Part,\na copy of the instrument of determination, and the reasons for that\ndetermination, in relation to that matter.\n","sortOrder":74},{"sectionNumber":"83A","sectionType":"section","heading":"Establishment of Trust Fund","content":"83A Establishment of Trust Fund\n(1) The Minister must establish and maintain the Lands Trust Fund.\n(2) For the purposes of subsection (1), an Accountable Officer's Trust\nAccount is to be established under section 7 of the Financial\nManagement Act 1995.\n","sortOrder":75},{"sectionNumber":"83B","sectionType":"section","heading":"Payments into Trust Fund","content":"83B Payments into Trust Fund\n(1) If the Minister decides to compulsorily acquire land in respect of\nwhich native title rights and interests exist or may exist subject to a\ncondition that a specified amount be paid into trust in respect of\ncompensation that will or may be payable for the effect of the\nacquisition on those native title rights and interests, the Territory\nmust pay that amount into the Lands Trust Fund.\n(2) Moneys paid into the Lands Trust Fund under subsection (1) and\ninterest earned on those moneys are to be used to pay amounts in\nrespect of the compensation payable by the Territory to the native\ntitle holder.\n\nLands Acquisition Act 1978 50\n","sortOrder":76},{"sectionNumber":"83C","sectionType":"section","heading":"How trust amounts to be dealt with","content":"83C How trust amounts to be dealt with\n(1) This section applies if an amount (in this section called the trust\namount) is being held in the Lands Trust Fund in respect of a\ncompulsory acquisition and any of the following happen:\n(a) an approved determination of native title that native title does\nnot exist in the land the subject of the acquisition is made;\n(b) the Minister informs the trustee in writing that he or she is not\ngoing to compulsorily acquire the land;\n(c) the following requirements are satisfied:\n(i) an approved determination of native title that native title\nin the land the subject of the acquisition exists has been\nmade;\n(ii) the relevant registered native title body corporate\nadvises the trustee in writing that it wishes to accept the\ntrust amount instead of any compensation to which the\nnative title holder may be entitled under this Act for the\neffect of the acquisition;\n(iii) the Minister advises the trustee in writing of his or her\nagreement to the registered native title body corporate\naccepting the trust amount instead of any compensation\nto which the native title holder may be entitled under this\nAct for the effect of the acquisition;\n(d) a determination is made by the Tribunal, on a claim for\ncompensation in respect of the acquisition, that a person is\nentitled to compensation or that no compensation is payable\nto any person;\n(e) none of paragraphs (a), (b), (c) and (d) applies and, on the\napplication of any person, the Supreme Court decides that it\nwould be just and equitable in all the circumstances to pay the\ntrust amount to that person or another person (it not however\nbeing a sufficient ground for the purposes of this paragraph\nthat a person has made or is required to make an application\nto the Federal Court for a determination of native title in\nrespect of any of the land the subject of the acquisition).\n(2) Where subsection (1)(a) or (b) applies, the trustee must repay the\ntrust amount to the Territory.\n\nLands Acquisition Act 1978 51\n(3) Where subsection (1)(c) applies:\n(a) the trustee must pay the trust amount to the registered native\ntitle body corporate; and\n(b) the native title holder has no further entitlement to\ncompensation for the effect of the acquisition under this Act.\n(4) Where subsection (1)(d) applies and the determination is that a\nperson is entitled to an amount of monetary compensation:\n(a) if the trust amount is the same as the amount determined –\nthe trustee must pay the trust amount to the person;\n(b) if the trust amount is less than the amount determined – the\ntrustee must pay the trust amount to the person and the\nTerritory must pay the shortfall to the person; or\n(c) if the trust amount is more than the amount determined, the\ntrustee must:\n(i) pay the person so much of the trust amount as equals\nthe amount determined; and\n(ii) refund the excess to the Territory.\n(5) Where subsection (1)(d) applies and the transfer of property or the\nprovision of goods or services constitutes some or all of the\ncompensation, the trustee must apply to the Supreme Court for a\ndirection as to the payment of the trust amount.\n(6) Where subsection (1)(d) applies and the determination is that no\ncompensation is payable or to be given to any person, the trustee\nmust repay the trust amount to the Territory.\n(7) Where subsection (1)(e) applies, the trustee must pay the trust\namount in accordance with the decision of the Supreme Court.\n(8) If the Minister enters into a written agreement with a registered\nnative title claimant that the claimant accepts the trust amount or\npart thereof on behalf of the native title holders who are signatories\nto the agreement, being all the native title holders in relation to the\nland the subject of the acquisition, instead of any compensation to\nwhich those native title holders may be entitled under this Act for\nthe effect of the acquisition, the trustee:\n(a) must pay the trust amount or part thereof in accordance with\nthe agreement to the registered native title claimant; and\n\nLands Acquisition Act 1978 52\n(b) if applicable – must pay the remainder of the trust amount to\nthe Territory; and\n(c) the native title holders who are signatories to the agreement\nhave no further entitlement to compensation for the effect of\nthe acquisition under this Act.\n(9) The Minister must not enter into an agreement under subsection (8)\nunless satisfied that, having regard to the information (if any)\nprovided by the Aboriginal/Torres Strait Islander body or bodies in\nrelation to any of the land the subject of the acquisition and any\nother relevant matter, the signatories to the agreement are the only\nnative title holders in relation to that land and that it is unlikely that\nthere are any other native title holders in relation to that land.\n","sortOrder":77},{"sectionNumber":"89","sectionType":"section","heading":"Acquisition by agreement under this Act","content":"89 Acquisition by agreement under this Act\nThe provisions of this Act apply in relation to an acquisition of land\nby agreement under this Act except to the extent:\n(a) otherwise provided in those provisions or by the agreement; or\n(b) of any inconsistency with the agreement.\n","sortOrder":78},{"sectionNumber":"89A","sectionType":"section","heading":"Other acquisitions","content":"89A Other acquisitions\n(1) Nothing in this Act prevents:\n(a) the acquisition by the Territory of land by agreement; or\n(b) the payment and acceptance under any agreement of\nvaluable consideration in satisfaction for compensation, where\nthe agreement (including an indigenous land use agreement)\nexpressly provides that this Act (other than this section) does\nnot or is not to apply.\n(2) Nothing in this Act prevents the acquisition of land by the Territory\nunder another law of the Territory.\n","sortOrder":79},{"sectionNumber":"90","sectionType":"section","heading":"Service","content":"90 Service\n(1) A notice or other document that is required to be or may be served\non or lodged with a person under this Act may be served on or\nlodged with that person:\n(a) personally;\n\nLands Acquisition Act 1978 53\n(b) by post; or\n(c) if that person is the Minister, by serving the notice or other\ndocument on, or lodging it with, the Solicitor for the Northern\nTerritory.\n(2) The Solicitor for the Northern Territory is authorised to accept\nservice of any document served on or lodged with him under\nsubsection (1)(c).\n(3) If:\n(a) the whereabouts of a person who is required to be or may be\nserved with a notice or other document is not known; or\n(b) the identity of an affected person or claimant cannot be\nascertained,\nthe notice or other document may be served on that person or\nclaimant:\n(c) by publication of a copy of that notice or other document in a\nnewspaper published and circulating in the Territory;\n(d) by affixing a copy of that notice or other document in a\nprominent place on the land to which it relates; or\n(e) where:\n(i) it relates to a native title right or interest; and\n(ii) there is no registered native title claimant or registered\nnative title body corporate in relation to the land to which\nthe notice or other document relates,\nby leaving the notice or document at the address of the\nrepresentative Aboriginal/Torres Strait Islander body in relation to\nthe land.\n","sortOrder":80},{"sectionNumber":"91","sectionType":"section","heading":"Registrar-General","content":"91 Registrar-General\nThe Registrar-General shall, when served with a notice under\nsection 32(1)(d) or 35(2)(c), enter particulars of the notice on the\nregister maintained by him under the Land Title Act 2000.\n","sortOrder":81},{"sectionNumber":"93","sectionType":"section","heading":"Execution of documents","content":"93 Execution of documents\nAll documents relating to:\n(a) the acquisition of land; or\n\nLands Acquisition Act 1978 54\n(b) land vested in the Territory,\nunder this Act may be executed for and on behalf of the Territory by\nthe Minister.\n","sortOrder":82},{"sectionNumber":"94A","sectionType":"section","heading":"Delegation","content":"94A Delegation\n(1) The Minister may, by instrument, delegate to a specified person or\nto a person for the time being holding, acting in or performing the\nduties of a specified office, designation or position any of his or her\nfunctions or powers under this Act, other than this power of\ndelegation.\n(2) A function performed or a power exercised in pursuance of a\ndelegation under subsection (1) is to be taken to have been\nperformed or exercised by the Minister.\n(3) A delegation under subsection (1) does not prevent the Minister\nperforming a function or exercising a power.\n","sortOrder":83},{"sectionNumber":"95","sectionType":"section","heading":"Regulations","content":"95 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters which by this Act are required or\npermitted to be prescribed or which are necessary or convenient to\nbe prescribed for carrying out or giving effect to this Act (except\nmatters in respect of which Rules of Court may be made).\n(2) Without limiting the generality of subsection (1), the Regulations\nmay include provisions:\n(c) providing for:\n(i) the payment of compensation (including payment by a\nperson other than the Territory) in respect of an\nacquisition of land the purpose of which is to confer a\nright or interest in relation to the land on a person other\nthan the Territory; and\n(ii) the recovery from the person on whom the right or\ninterest is to be conferred of other costs and expenses\nreasonably incurred by the Territory in the course of\nmaking the acquisition.\n\nPart XI Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nLands Acquisition Act 1978 55\nPart XI Transitional matters for Northern Territory Civil\nand Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014\n","sortOrder":84},{"sectionNumber":"96","sectionType":"section","heading":"Applications before former Tribunal","content":"96 Applications before former Tribunal\n(1) This section applies if, before the commencement:\n(a) a person had made an application to the former Tribunal; and\n(b) the former Tribunal had not decided the application.\n(2) The former Tribunal must continue to deal with the application in\naccordance with the former legislation.\n(3) In this section:\napplication includes a referral or objection.\ncommencement means the commencement of Part 12 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\nformer legislation means the following as in force immediately\nbefore the commencement:\n(a) this Act;\n(b) the Lands, Planning and Mining Tribunal Act 1998.\nformer Tribunal means the Lands, Planning and Mining Tribunal\nas in existence under the Lands, Planning and Mining Tribunal\nAct 1998 immediately before the commencement of the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\n\nLands Acquisition Act 1978 56\nsection 3\nLand Clauses Consolidation Act 1847\nLand Clauses Consolidation Act 1855-6\nLand Clauses Consolidation Act 1881\n\nLands Acquisition Act 1978 57\nsection 66\n1. VALUE TO THE OWNER\nSubject to this Schedule, the compensation payable to a claimant\nfor compensation in respect of the acquisition of land under this Act\nis the amount that fairly compensates the claimant for the loss he\nhas suffered, or will suffer, by reason of the acquisition of the land.\n1A. RULES TO EXTEND TO NATIVE TITLE RIGHTS AND\nINTERESTS\nTo the extent possible, these rules, with the necessary\nmodifications, are to be read so as to extend to and in relation to\nnative title rights and interests.\n2. MARKET VALUE, SPECIAL VALUE, SEVERANCE,\nDISTURBANCE\nSubject to this Schedule, in assessing the compensation payable to\na claimant in respect of acquired land the Tribunal may take into\naccount:\n(a) the consideration that would have been paid for the land if it\nhad been sold on the open market on the date of acquisition\nby a willing but not anxious seller to a willing but not anxious\nbuyer;\n(b) the value of any additional advantage to the claimant\nincidental to his ownership, or occupation of, the acquired\nland;\n(c) the amount of any reduction in the value of other land of the\nclaimant caused by its severance from the acquired land by\nthe acquisition; and\n(d) any loss sustained, or cost incurred, by the claimant as a\nnatural and reasonable consequence of:\n(i) the acquisition of the land; or\n(ii) the service on the claimant of the notice of proposal,\nfor which provision is not otherwise made under this Act, other than\ncosts incurred as a result of attending, participating in or being\nrepresented at consultations for the purposes of section 37(1) or\nmediation under section 37(4).\n\nLands Acquisition Act 1978 58\n3. MARKET VALUE FOR USE OTHER THAN EXISTING USE\nIf the amount referred to in rule 2(a) is determined upon the basis of\na use for a purpose which is not the purpose for which the land was\nused on the date of acquisition, no amount shall be allowed under\nrule 2(d) in respect of any:\n(a) loss that would have been sustained; or\n(b) costs that would have been incurred,\nin adapting the land for use for that other purpose.\n4. CIRCUMSTANCE PECULIAR TO THE CLAIMANT\nFor the purposes of rule 2(d), in determining whether a particular\nloss sustained, or cost incurred, by a claimant is a natural and\nreasonable consequence of:\n(a) the acquisition of the land; or\n(b) the service on the claimant of the notice of proposal,\nthe Tribunal shall take into account any circumstances peculiar to\nthe claimant.\n6. DETERMINABLE INTERESTS\nIf, at the date of acquisition, the interest of the claimant in the land\nwas:\n(a) due to expire; or\n(b) liable to be determined,\nthe Tribunal shall take into account any reasonable prospect of\nrenewal or continuation of the interest, and the likely terms and\nconditions of that renewal.\n7. COST OF ACQUIRING OTHER LAND\n(1) If:\n(a) the acquired land:\n(i) was, immediately before the date of acquisition, used for\na purpose for which there is no general demand or\nmarket for land; and\n(ii) but for the acquisition, would have continued to have\nbeen used for that purpose; and\n\nLands Acquisition Act 1978 59\n(b) the claimant has acquired, or genuinely intends to acquire,\nother land suitable for that purpose,\nthe Tribunal shall take into account, in place of the amount referred\nto in rule 2(a), an amount ascertained by adding:\n(c) the cost of acquiring the other land; and\n(d) the cost and losses incurred or likely to be incurred by the\nclaimant as a result of, or incidental to, relocation,\nin each case calculated at the date when, in all the circumstances,\nit was or would be reasonably practical for the claimant to incur the\ncost or losses.\n(2) In assessing the amount of compensation under subrule (1) the\nTribunal shall have regard to the amount, if any, by which the\nclaimant has improved, or is likely to improve, his financial position\nby the relocation.\n8. MATTERS NOT TO BE TAKEN INTO ACCOUNT\nThe Tribunal shall not take into account:\n(a) any special suitability or adaptability of the acquired land for a\npurpose for which it could only be used:\n(i) in pursuance of a power conferred by law; or\n(ii) by the Commonwealth or the Territory, a statutory\ncorporation to which the Financial Management\nAct 1995 applies, or a council constituted under the\nLocal Government Act 2019;\n(b) any increase in value of the acquired land resulting from its\nuse or development contrary to law;\n(c) any increase or decrease in the amount referred to in rule 2(a)\narising from:\n(i) the carrying out; or\n(ii) the proposal to carry out,\nthe proposal; or\n(d) any increase in the value of the land caused by construction,\nafter the notice of proposal was served on the claimant, of any\nimprovements on the land without the approval of the Minister.\n\nLands Acquisition Act 1978 60\n9. INTANGIBLE DISADVANTAGES\n(1) If the claimant, during the period commencing on the date on which\nthe notice of proposal was served and ending on the date of\nacquisition:\n(a) occupied the acquired land as his principal place of residence;\nand\n(b) held an estate in fee simple, a life estate or a leasehold\ninterest in the acquired land,\nthe amount of compensation otherwise payable under this\nSchedule may be increased by the amount which the Tribunal\nconsiders will reasonably compensate the claimant for intangible\ndisadvantages resulting from the acquisition.\n(2) In assessing the amount payable under subrule (1), the Tribunal\nshall have regard to:\n(a) the interest of the claimant in the land;\n(b) the length of time during which the claimant resided on the\nland;\n(c) the inconvenience likely to be caused to the claimant by\nreason of his removal from the acquired land;\n(d) the period after the acquisition of the land during which the\nclaimant has been, or will be, allowed to remain in possession\nof the land;\n(e) the period during which the claimant would have been likely to\ncontinue to reside on the land; and\n(f) any other matter which is, in the Tribunal's opinion, relevant to\nthe circumstances of the claimant.\n10. MORTGAGE DEBTS\nThe amount of compensation payable to a mortgagee in respect of\na debt secured by a mortgage over acquired land shall not exceed\nthe amount of compensation that would be payable for the\nacquisition of all interests in the land if there had been no mortgage\nsecured over that land.\n\nLands Acquisition Act 1978 61\n11. LOANS\n(1) If the amount of compensation assessed in accordance with this\nSchedule is insufficient to enable a claimant who occupied the\nacquired land as his principal place of residence continuously\nbetween the date of service of the notice of intention and the date\nof acquisition and:\n(a) who held an interest in fee simple in the acquired land;\n(b) in whom an equity of redemption in respect of that land was\nvested; or\n(c) who held a lease of that land granted under an Act:\n(i) in perpetuity;\n(ii) for a term of not less than 99 years;\n(iii) with a right of purchase; or\n(iv) which contained terms and conditions prohibiting the\nclaimant from erecting or using any building on the land\nother than a dwelling-house,\nto purchase land to be used as a principal place of residence\nproviding accommodation reasonably comparable with the\naccommodation on the acquired land, the Minister may offer to\ngrant a loan to the claimant of an amount which, when added to the\namount of compensation otherwise payable in respect of the\nacquired land, would be sufficient to enable the claimant to\npurchase land on which there is accommodation reasonably\ncomparable with the accommodation on the acquired land.\n(2) The Minister shall, when making an offer under subrule (1), specify\nthe maximum amount of the loan he is prepared to grant.\n(3) Repayment of a loan granted in accordance with this rule shall be\nsecured by a mortgage to the Territory of the land purchased to\nprovide the comparable accommodation.\n(4) A mortgage under subrule (3):\n(a) shall provide for the amount secured to be repayable forthwith\nif:\n(i) the land the subject of the mortgage is sold;\n(ii) the claimant and his spouse or de facto partner cease to\nuse the land as a principal place of residence; or\n\nLands Acquisition Act 1978 62\n(iii) if both the claimant and his spouse or de facto partner\nhave died; and\n(b) shall contain such other terms and conditions as the Minister\nthinks fit to secure the repayment of the loan.\n12. INTERPRETATION\nIn rules 9 and 11, a reference to a claimant includes a reference to\nany spouse or de facto partner of the claimant.\n\nLands Acquisition Act 1978 63\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLands Acquisition Act 1978 (Act No. 11, 1979)\nAssent date 26 January 1979\nCommenced 1 August 1979 (Gaz G29, 20 July 1979, p 1)\nLands Acquisition Act 1979 (Act No. 53, 1979)\nAssent date 14 May 1979\nCommenced 3 August 1979 (Gaz G31, 3 August 1979, p 4)\nStatute Law Revision Act 1979 (Act No. 98, 1979)\nAssent date 10 August 1979\nCommenced 26 October 1979 (Gaz G43, 26 August 1979, p 1)\nRemuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980)\nAssent date 14 January 1980\nCommenced 8 February 1980 (Gaz G6, 8 February 1980, p 6)\nStatute Law Revision Act 1980 (Act No. 6, 1981)\nAssent date 9 January 1981\nCommenced 9 January 1981\nLands Acquisition Amendment Act 1982 (Act No. 45, 1982)\nAssent date 29 June 1982\nCommenced 29 June 1982\nLands Acquisition Amendment Act 1985 (Act No. 68, 1985)\nAssent date 24 December 1985\nCommenced 24 December 1985\nCompanies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)\nAssent date 30 June 1986\nCommenced 1 July 1986 (s 2)\n\nLands Acquisition Act 1978 64\nLaw Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986)\nAssent date 10 December 1986\nCommenced 19 December 1986 (Gaz S87, 17 December 1986)\nStatute Law Revision Act 1989 (Act No. 60, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nMiscellaneous Acts Amendment (Aboriginal Community Living Areas) Act 1989 (Act\nNo. 78, 1989)\nAssent date 22 December 1989\nCommenced 1 March 1990 (Gaz S12, 28 February 1990)\nStatute Law Revision Act 1990 (Act No. 33, 1990)\nAssent date 11 June 1990\nCommenced 11 June 1990\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nDe Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nPastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992)\nAssent date 25 June 1992\nCommenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17,\n1992) and Gaz S33, 26 June 1992)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nLands Acquisition Amendment Act 1993 (Act No. 67, 1993)\nAssent date 9 November 1993\nCommenced 1 December 1993 (s 2, s 2 Pastoral Land Amendment Act\n(No. 2) 1993 (Act No. 68, 1993) and Gaz S95,\n1 December 1993)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\nPlanning (Consequential Amendments) Act 1993 (Act No. 86, 1993)\nAssent date 31 December 1993\nCommenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993)\nand Gaz S28, 18 April 1994)\nLands Acquisition Amendment Act 1994 (Act No. 25, 1994)\nAssent date 18 May 1994\nCommenced 29 June 1994 (Gaz G26, 19 June 1994, p 3)\n\nLands Acquisition Act 1978 65\nLands Acquisition Amendment Act (No. 2) 1994 (Act No. 75, 1994)\nAssent date 30 December 1994\nCommenced 15 March 1995 (Gaz G11, 15 March 1995, p 3)\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4,\n1995) and Gaz S13, 31 March 1995)\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nLands Acquisition Amendment Act 1995 (Act No. 21, 1995)\nAssent date 26 June 1995\nCommenced 26 June 1995\nLands Acquisition Amendment Act (No. 2) 1995 (Act No. 56, 1995)\nAssent date 28 December 1995\nCommenced 7 February 1996 (Gaz G6, 7 February 1996, p 3)\nTrustee (Consequential Amendments) Act 1996 (Act No. 8, 1996)\nAssent date 20 March 1996\nCommenced 20 March 1996 (s 2, s 2 Trustee Amendment Act (No. 2) 1995\n(Act No. 60, 1995) and Gaz G7, 14 February 1996, p 2)\nLands Acquisition Amendment Act 1998 (Act No. 31, 1998)\nAssent date 1 May 1998\nCommenced 1 May 1998\nLands Acquisition Amendment Act (No. 2) 1998 (Act No. 50, 1998)\nAssent date 28 August 1998\nCommenced 1 October 1998 (Gaz S37, 1 October 1998)\nLands Acquisition Amendment Regulations (SL No. 42, 1998)\nDate Notified 1 October 1998\nCommenced 1 October 1998\nLands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998)\nAssent date 23 December 1998\nCommenced pts: 2 – 5, 7, 8, 10 – 13 and s 272: 1 October 1998;\nrem: 23 December 1998\nLands and Mining (Miscellaneous Amendments) Act 1999 (Act No. 1, 1999)\nAssent date 19 February 1999\nCommenced pt 2: 1 October 1998; pt 4: 23 December 1998;\nrem: 19 February 1999\nLands Acquisition Amendment Regulations 1999 (SL No. 12, 1999)\nAssent date 16 April 1999\nCommenced 16 April 1999\nLands and Mining (Miscellaneous Amendments) Act (No. 2) 1999 (Act No. 26, 1999)\nAssent date 17 June 1999\nCommenced 17 June 1999\n\nLands Acquisition Act 1978 66\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56,\n2003) and Gaz G18, 5 May 2004, p 2)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n","sortOrder":85},{"sectionNumber":"11","sectionType":"section","heading":"December 2019, p 2); rem: 7 November 2019 (s 2)","content":"11 December 2019, p 2); rem: 7 November 2019 (s 2)\n\nLands Acquisition Act 1978 67\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023\nStatute Law Revision and Repeals Act 2025 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 50 Lands Acquisition Amendment Act (No. 2) 1998 ((Act No. 50 of 1998)\n(amd s 71 Lands and Mining (Miscellaneous Amendments) Act 1998\n(Act No. 93 of 1998))\nr 22 Lands Acquisition Amendment Regulations 1999 (SL No. 12, 1999)\ns 73 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004).\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 4, 28A, 32, 42A, 43, 46,\n49, 50, 52, 83A, 91 and 96 and Sch 2.\n5 LIST OF AMENDMENTS\nlt amd No. 45, 1982, s 3\ns 4 amd No. 53, 1979, s 4; No. 6, 1981, s 4; No. 45, 1982, s 4; No. 60, 1989, s 6;\nNo. 86, 1993, s 3; No. 25, 1994, s 4; No. 56, 1995, s 4; No. 50, 1998, s 4; SL\nNo. 42, 1998, r 4; No. 93, 1998, s 18; No. 26, 1999, s 3; No. 45, 2000, s 11;\nNo. 4, 2007, s 7; No. 37, 2010, s 13; No. 35, 2014, s 67\ns 5A ins No. 31, 1998, s 2\nsub No. 50, 1998, s 5; SL No. 42, 1998, r 5\namd No. 93, 1998, s 19; No. 1, 1999, s 4; No. 62, 2001, s 15\npt II hdg rep No. 50, 1998, s 6\ns 6 rep No. 50, 1998, s 6\ns 7 amd No. 75, 1994, s 4\nsub No. 56, 1995, s 5\n\nLands Acquisition Act 1978 68\ns 8 amd No. 75, 1994, s 5\nsub No. 56, 1995, s 6\ns 9 sub No. 56, 1995, s 6\ns 10 amd No. 56, 1995, s 7\ns 11 amd No. 75, 1994, s 6\ns 12 rep No. 50, 1998, s 6\ns 13 amd No. 6, 1981, s 4; No. 18, 1986 s 3; No. 59, 1990, s 4\ns 14 rep No. 50, 1998, s 6\ns 15 amd No. 75, 1994, s 7\ns 16 rep No. 9, 1980, s 6\ns 17 amd No. 28, 1993, s 3\ns 18 rep No. 50, 1998, s 6\ns 18A ins No. 68, 1985, s 2\ns 19 sub No. 75, 1994, s 8\nss 20 – 28 rep No. 50, 1998, s 6\ns 28A ins No. 78, 1989, s 9\namd No. 39, 1992, s 3; No. 67, 1993, s 3; No. 93, 1998, s 20; No. 18, 2004,\ns 3; No. 33, 2019, s 49\ns 29 amd No. 93, 1998, s 21\ns 30 amd No. 93, 1998, s 22\ns 31 amd No. 50, 1998, s 7; No. 23, 2013, s 12\npt IIIA hdg ins SL No. 42, 1998, r 6\ns 31A ins No. 53, 1979, s 5\nrep No. 56, 1995, s 8\nins SL No. 42, 1998, r 6\namd No. 93, 1998, s 23\npt IV hdg sub No. 50, 1998, s 8; SL No. 42, 1998, r 7\namd No. 93, 1998, s 24\ndiv 1A hdg ins SL No. 42, 1998, r 8\ns 31B ins SL No. 42, 1998, r 8\namd No. 93, 1998, s 25; No. 1, 1999, s 5\ns 31C ins No. 26, 1999, s 4\ndiv 1 hdg sub No. 50, 1998, s 8\ns 32 amd No. 45, 1982, s 5; No. 56, 1995, s 9\namd SL No. 42, 1998, r 9; No. 93, 1998, s 26; SL No. 12, 1999, r 3; No. 45,\n2000, s 11\ns 33 amd No. 56, 1995, s 10\namd SL No. 42, 1998, 10; No. 93, 1998, s 27; SL No. 12, 1999, r 4; No. 26,\n1999, s 5\ns 34 amd No. 45, 1982, s 6; No. 56, 1995, s 11\namd SL No. 42, 1998, r 11; No. 93, 1998, s 28; SL No. 12, 1999, r 5; No. 26,\n1999, s 6; No. 4, 2023, s 23; No. 3, 2026, s 35\n\nLands Acquisition Act 1978 69\ns 35 amd No. 56, 1995, s 12\namd SL No. 42, 1998, r 12; No. 93, 1998, s 29; SL No. 12, 1999, r 6; No. 26,\n1999, s 7\ndiv 2 hdg sub No. 50, 1998, s 8\ns 35A ins No. 26, 1999, s 8\ns 36 sub No. 50, 1998, s 8; No. 93, 1998, s 30\ns 37 sub No. 50, 1998, s 8\namd No. 93, 1998, s 31; SL No. 12, 1999, r 7; No. 26, 1999, s 9; No. 4, 2007,\ns 7; No. 35, 2014, s 68\ns 38 amd No. 45, 1982, s 7\nsub No. 50, 1998, s 8; SL No. 42, 1998, r 38\namd No. 93, 1998, s 32; No. 26, 1999, s 10; No. 35, 2014, s 69\ns 38AA ins SL No. 12, 1999, r 8\namd No. 26, 1999, s 11\ns 38A ins No. 93, 1998, s 33\namd No. 26, 1999, s 12\ns 38B ins SL No. 12, 1999, r 9\ndiv 3 hdg ins SL No. 42, 1998, r 14\ns 38A ins SL No. 42, 1998, r 14\nrep No. 93, 1998, s 34\ns 39 rep No. 50, 1998, s 8\nsub No. 93, 1998, s 34\ns 40 amd No. 53, 1979, s 6; No. 45, 1982, s 8\nrep No. 50, 1998, s 8\namd No. 1, 1999, s 6; SL No. 12, 1999, r 10\ns 41 amd No. 45, 1982, s 9\nrep No. 50, 1998, s 8\namd No. 1, 1999, s 7; SL No. 12, 1999, r 11\npt IVA hdg ins SL No. 42, 1998, r 15\nsub No. 93, 1998, s 35\ns 42 rep No. 50, 1998, s 8\nins SL No. 42, 1998, r 15\namd No. 93, 1998, s 36\ns 42A ins SL No. 42, 1998, r 15\namd No. 93, 1998, s 37; No. 45, 2000, s 11\ns 42B ins SL No. 42, 1998, r 15\namd No. 93, 1998, s 38; No. 62, 2001, s 15\ns 42C ins SL No. 42, 1998, r 15\namd No. 93, 1998, s 39\ns 42D ins SL No. 42, 1998, r 15\npt V\ndiv 1 hdg sub No. 50, 1998, s 9\ns 43 amd No. 45, 1982, s 10\namd No. 93, 1998, s 40; No. 45, 2000, s 11\ns 44 amd No. 53, 1979, s 7; No. 56, 1995, s 13\namd SL No. 42, 1998, r 16; No. 93, 1998, s 41\ns 45 amd No. 45, 1982, s 11\namd SL No. 42, 1998, r 17; No. 93, 1998, s 42; SL No. 12, 1999, r 12; No. 26,\n1999, s 13\n\nLands Acquisition Act 1978 70\ns 45AA ins No. 93, 1998, s 43\namd SL No. 12, 1999, r 13\ns 45A ins No. 50, 1998, s 10\namd SL No. 42, 1998, r 18; No. 93, 1998, s 44; SL No. 12, 1999, r 14\ns 46 ins No. 78, 1989, s 9\namd No. 33, 1990, s 5; No. 39, 1992, s 3; No. 67, 1993, s 4; No. 21, 1995,\ns 2; No. 50, 1998, s 11; No. 18, 2004, s 3; No. 37, 2010, s 13\ns 48 amd No. 45, 1982, s 12\npt V\ndiv 1A hdg ins No. 53, 1979, s 8\nrep No. 56, 1995, s 14\nss 48A – 48C ins No. 53, 1979, s 8\nrep No. 56, 1995, s 14\ns 49 amd No. 53, 1979, s 9; No. 25, 1994, s 5; No. 56, 1995, s 15; No. 50, 1998,\ns 12; SL No. 42, 1998, r 19; No. 93, 1998, s 45; No. 1, 1999, s 8; No. 26,\n1999, s 14; No. 45, 2000, s 11\ns 50 amd No. 53, 1979, s 10; No. 56, 1995, s 16; No. 50, 1998, s 13; SL No. 42,\n1998, r 20; No. 93, 1998, s 46; No. 1, 1999, s 9; SL No. 12, 1999, r 15;\nNo. 45, 2000, s 11\ns 50A ins No. 25, 1994, s 6\namd No. 93, 1998, s 47\ns 51 amd No. 56, 1995, s 17; No. 50, 1998, s 14; No. 93, 1998, s 48; No. 1, 1999,\ns 10; SL No. 12, 1999, r 16\ns 52 amd No. 56, 1995, s 18; No. 50, 1998, s 15; SL No. 42, 1998, r 21; No. 93,\n1998, s 49; No. 1, 1999, s 11; SL No. 12, 1999, r 17; No. 45, 2000, s 11\ns 53 amd No. 50, 1998, s 16; No. 23, 2013, s 12\ns 54 amd No. 50, 1998, s 17; No. 93, 1998, s 50\ns 55 amd No. 8, 2016, s 45\nss 57 – 58 rep No. 50, 1998, s 18\ns 59 amd No. 53, 1979, s 11; No. 50, 1998, s 19; No. 93, 1998, s 51; No. 1, 1999,\ns 12; SL No. 12, 1999, r 18\ns 60 amd No. 93, 1998, s 52\ns 61 amd No. 93, 1998, s 53; SL No. 12, 1999, r 19; No. 26, 1999, s 15\ns 62 amd No. 50, 1998, s 20; No. 93, 1998, s 54; SL No. 12, 1999, r 20\ns 63 amd No. 50, 1998, s 21; SL No. 42, 1998, r 22\ns 65 sub No. 50, 1998, s 22\ns 66 amd No. 75, 1994, s 9\nsub No. 50, 1998, s 22\namd No. 93, 1998, s 55\ns 67A ins No. 50, 1998, s 23\namd No. 93, 1998, s 56\ns 68 amd No. 53, 1979, s 12; No. 56, 1995, s 19; No. 50, 1998, s 24; SL No. 42,\n1998, r 23; No. 93, 1998, s 57; SL No. 12, 1999, r 21\ns 69 amd No. 93, 1998, s 58\ns 70 amd No. 50, 1998, s 25\ns 71 amd No. 50, 1998, s 26; No. 93, 1998, s 59\ns 72 amd No. 50, 1998, s 27\ns 73 amd No. 53, 1979, s 13; No. 50, 1998, s 28\ns 74 amd No. 50, 1998, s 29\ns 75 amd No. 50, 1998, s 30\ns 76 amd No. 50, 1998, s 31\npt VIII\ndiv 3 hdg sub No. 50, 1998, s 32\nss 77 – 79 rep No. 50, 1998, s 33\ns 80 amd No. 50, 1998, s 34; No. 93, 1998, s 60\ns 81 amd No. 93, 1998, s 61; No. 1, 1999, s 13\ns 81A ins No. 93, 1998, s 62\ns 82 amd No. 50, 1998, s 35; No. 93, 1998, s 63; No. 1, 1999, s 14\n\nLands Acquisition Act 1978 71\ns 83 amd No. 93, 1998, s 64\npt VIIIA hdg ins No. 26, 1999, s 16\nss 83A – 83C ins No. 26, 1999, s 16\npt IX hdg rep No. 35, 2014, s 70\ns 84 sub No. 50, 1998, s 36\namd No. 93, 1998, s 65\ns 85 amd No. 50, 1998, s 37\ns 86 amd No. 50, 1998, s 38\ns 87 rep No. 50, 1998, s 39\ns 88 amd No. 33, 1990, s 9; No. 50, 1998, s 40\npt IXA hdg ins No. 25, 1994, s 7\nss 88A – 88C ins No. 25, 1994, s 7\ns 88D ins No. 25, 1994, s 7\namd No. 75, 1994, s 10\ns 88E ins No. 25, 1994, s 7\namd No. 14, 1995, s 12\ns 89 sub No. 50, 1998, s 42\ns 89A ins No. 50, 1998, s 42\namd SL No. 42, 1998, r 24; No. 93, 1998, s 66\ns 90 amd No. 48, 1986, s 9; No. 50, 1998, s 43; No. 93, 1998, s 67\ns 91 amd No. 50, 1998, s 44; SL No. 42, 1998, r 25; No. 45, 2000, s 11\ns 92 rep No. 50, 1998, s 45\ns 94 amd No. 8, 1996, s 3; No. 50, 1998, s 46\nrep No. 93, 1998, s 68\ns 94A ins No. 50, 1998, s 47\ns 95 amd No. 75, 1994, s 11; No. 50, 1998, s 48\npt XI hdg ins No. 35, 2014, s 71\ns 96 ins No. 35, 2014, s 71\nsch 2 amd No. 53, 1979, s 14; No. 98, 1979, s 12; No. 82, 1991, s 11; No. 84,\n1993, s 6; No. 86, 1993, s 3; No. 5, 1995, s 19; No. 56, 1995, s 20; No. 50,\n1998, s 49; SL No. 42, 1998, r 26; No. 93, 1998, s 69; No. 1, 2004, s 62;\nNo. 28, 2008, s 3; No. 39, 2019, s 370","sortOrder":86}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally dealt with straightforward land acquisition for Territory purposes but was substantially expanded from 1998 onwards to incorporate native title processes, including special procedures for acquisitions above and below highwater mark, a right-to-negotiate regime, and a dedicated trust fund for native title compensation. These changes added a layer of complexity and shifted the Act from a simple acquisition mechanism to an instrument that also manages native title compliance under Commonwealth law."},"complexity_factors":["Over 50 defined terms in the interpretation section, many cross-referencing the Commonwealth Native Title Act","Multiple separate pre-acquisition procedures depending on location (above or below highwater mark, native title involvement)","Nested conditions and exceptions, especially for urgency acquisitions (section 44) and Minister's power to override Tribunal recommendations (section 45)","Complex interaction with Native Title Act 1993 (Cth), including alternative provision areas and registered native title claimants","Lengthy and detailed compensation assessment rules with a separate schedule (Schedule 2)","Multiple transitional provisions and amendments over decades (from 1978 to 2026)","Conditional logic requiring Tribunal or court determinations before compensation is quantified (sections 50, 52, 59, 61)"],"plain_english_summary":"This is the Northern Territory's main law for how the government can take private land for public purposes, either by buying it voluntarily or by forcing a sale (compulsory acquisition). It sets out the steps the government must follow before taking land, including notifying owners, allowing objections, holding consultations, and paying compensation. The law also covers temporary entry for surveys, compensation rules, and special procedures when the land involves native title rights. It affects anyone who owns or has an interest in land in the Northern Territory, and it matters because it balances the government's need for land (for things like roads, infrastructure, or development) with the rights of landowners to fair treatment and 'just terms' compensation."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2379},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally enacted in 1978 as a standard compulsory acquisition statute, the Act has expanded significantly beyond its original scope to accommodate native title rights and interests following the *Mabo* decision and the Commonwealth *Native Title Act 1993*. It now incorporates complex procedures for Indigenous Land Use Agreements (ILUAs), 'future acts', the 'right to negotiate', representative Aboriginal/Torres Strait Islander bodies, and a Lands Trust Fund mechanism for holding native title compensation. These additions transform it from a simple land acquisition law into a comprehensive framework managing Aboriginal land rights alongside government land needs."},"complexity_factors":["Approximately 30 defined terms in section 4, including complex concepts like 'future act', 'indigenous land use agreement', 'alternative provision area', and 'registered native title body corporate' that import meanings from Commonwealth law","Extensive cross-referencing with the Commonwealth *Native Title Act 1993* (referenced over 40 times), creating a dual-layer legislative framework","Dual procedural regimes based on geographic location: Part IV for land above the mean highwater mark and Part IVA for land below it, with different notice and objection procedures","Nested conditional logic for native title acquisitions, including special 'right to negotiate' procedures (Division 3 of Part IV) that override standard processes","Complex compensation assessment rules in Schedule 2 (12 detailed rules) plus special modification powers for native title compensation, including non-monetary compensation options","Multiple interacting time limits: 21 days for applications for notices, 2–4 months for objections, 3–4 months for consultation periods, plus various extensions and exceptions","Specific exclusions and protections for Aboriginal Community Living Areas (section 28A) requiring referral to a separate tribunal","Transitional provisions (Part XI) dealing with the transfer of jurisdiction from the former Lands, Planning and Mining Tribunal to the current Civil and Administrative Tribunal"],"plain_english_summary":"**What this law does**\n\nThis is the Northern Territory's main law about how the Government can take land from private owners. It covers both voluntary purchases (by agreement) and forced purchases (compulsory acquisition), but requires that any acquisition be on **\"just terms\"** — meaning the owner must receive fair compensation.\n\n**Who it affects**\n\n- **Landowners** — anyone who owns freehold land, holds a lease, or has other legal interests in land.\n- **Native Title Holders** — Aboriginal and Torres Strait Islander people who hold native title rights and interests under Commonwealth law. The Act contains special protections and procedures for these rights.\n- **Mining interest holders** — people with mineral leases or exploration licences.\n- **Community Living Areas** — special protections exist for land granted to Aboriginal associations as community living areas (excised from pastoral leases).\n\n**Key processes**\n\n1. **Notification** — Before acquiring land, the Minister must notify all affected people, including searching the land titles register and the Native Title registers.\n2. **Objections** — Affected people can lodge objections within specific timeframes (usually 2–4 months).\n3. **Consultation & Mediation** — The Minister must consult with objectors, particularly about minimising impacts on native title rights. Parties can agree to mediation.\n4. **Tribunal** — If agreement can't be reached, the Civil and Administrative Tribunal hears objections and makes recommendations. For native title acquisitions, the Tribunal must consider cultural significance, economic impact on the region, and ways to minimise harm.\n5. **Acquisition** — If proceeding, the Minister publishes a notice in the *Gazette*, at which point the land vests in the Territory.\n6. **Compensation** — Claimants can claim compensation based on market value, disturbance costs, and \"intangible disadvantages\" (such as losing a family home). For native title, compensation can include non-monetary forms like land transfers.\n\n**Special rules for different areas**\n\n- **Above highwater mark** — Standard procedures in **Part IV** apply.\n- **Below highwater mark** (coastal/intertidal zones) — Different procedures in **Part IVA** apply, unless the acquisition is for specific native title purposes.\n- **Native Title** — Complex interaction with the Commonwealth *Native Title Act 1993*. Includes \"right to negotiate\" procedures, Indigenous Land Use Agreements (ILUAs), and a **Lands Trust Fund** where compensation money can be held until native title is determined.\n\n**Urgency acquisitions**\nIn exceptional circumstances (such as emergencies), the Minister can bypass the usual consultation and objection procedures, but must table reasons in the Legislative Assembly within 3 sitting days.\n\n**Why it matters**\nThis law balances the Government's need to build infrastructure (roads, utilities, public facilities) against private property rights. For Aboriginal Territorians, it provides specific protections for native title rights and cultural heritage, ensuring these are considered before land is taken and that compensation accounts for cultural and spiritual loss, not just monetary value."}},"importantCases":[],"_links":{"self":"/api/acts/lands-acquisition-act-1978","history":"/api/acts/lands-acquisition-act-1978/history","analysis":"/api/acts/lands-acquisition-act-1978/analysis","conflicts":"/api/acts/lands-acquisition-act-1978/conflicts","importantCases":"/api/acts/lands-acquisition-act-1978/important-cases","documents":"/api/acts/lands-acquisition-act-1978/documents"}}