{"id":"a-1994-42","name":"Lands Acquisition Act 1994","slug":"lands-acquisition-act-1994","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"42 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23816,"registerId":"act-a-1994-42-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Lands Acquisition Act 1994.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘authorised person—see section 4.’\nmeans that the term ‘authorised person’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of authorised person","content":"4 Meaning of authorised person\n(1) A person is an authorised person for a provision of this Act if—\n(a) the Executive has, by writing, authorised the person to act under\nthe provision; or\n(b) the Executive has, by writing, authorised the holder or occupier\nof a particular office or position to act under the provision and\nthe person holds or occupies, or is performing the duties of, the\noffice or position.\n(2) For the compulsory acquisition of land by a utility under the Utilities\nAct 2000, section 104, an authorised person for the utility under that\nAct is also an authorised person for this Act.\n\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Temporary entry on, and","content":"Part 2 Temporary entry on, and\noccupation of, land\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Powers additional to other powers","content":"5 Powers additional to other powers\nThe powers conferred by this part are in addition to, and not in\nderogation of, the powers conferred by any other territory law.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Notice to be given before powers exercised","content":"6 Notice to be given before powers exercised\n(1) A person shall not exercise a power conferred by this part in relation\nto particular land unless—\n(a) the person has given written notice of his or her intention to\nexercise the power to each person whom the person believes,\nafter diligent inquiry, to have an interest in the land, other than\nan interest under a mortgage, charge or other similar security;\nand\n(b) at least 14 days have elapsed since the requirements of\nparagraph (a) were satisfied.\n(2) A notice shall—\n(a) set out particulars of the intended exercise of the power in\nrelation to the land; and\n(b) give reasons for the exercise of the power; and\n(c) include a statement to the effect that a person to whom the notice\nis given may, because of the exercise of the power, be entitled\nto compensation in accordance with part 7.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Power to enter on, and examine, land","content":"7 Power to enter on, and examine, land\nAn authorised person may, for the purpose of ascertaining whether\nland is suitable for a public purpose or of obtaining information in\nrelation to land that, in the opinion of the authorised person, is, or may\nbe, suitable for a public purpose—\n(a) enter upon the land, or upon adjoining land, with such persons,\nvehicles and things as are reasonably necessary for the purpose;\nand\n(b) make surveys, take levels, dig or bore into the land, examine the\nsoil and do, in relation to the land, any other thing reasonably\nnecessary for the purpose.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Power to occupy land temporarily","content":"8 Power to occupy land temporarily\n(1) Where an acquiring authority holds an interest in land (the authority\nland), an authorised person may, with such other persons as are\nreasonably necessary, enter upon other land (the neighbouring land)\nbeing land within a distance of 500m from the nearest boundary of\nthe authority land, and may temporarily occupy the neighbouring land\nfor so long as is reasonably necessary for the purposes of any works\nconnected with the carrying out of a public purpose.\n(2) Subsection (1) does not apply to neighbouring land—\n(a) that is a garden, orchard or plantation attached to, or belonging\nto, a house; or\n(b) that is a park, planted walk or avenue or ground ornamentally\nplanted; or\n(c) that is less than 500m from a dwelling house of the occupier of\nthe neighbouring land.\n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Powers in relation to land temporarily occupied","content":"9 Powers in relation to land temporarily occupied\n(1) While land is temporarily occupied under section 8, an authorised\nperson may, in connection with the carrying out of a public purpose—\n(a) construct, build or place any plant, machinery, equipment or\ngoods on the land; and\n(b) take from, or deposit on, the land sand, clay, stone, earth, gravel,\ntimber, wood or other materials or goods; and\n(c) make roads, cuttings or excavations on the land; and\n(d) erect buildings (including workshops and sheds) of a temporary\ncharacter on the land; and\n(e) manufacture or work materials of any kind on the land.\n(2) The power to take sand, clay, stone, earth or gravel is not exercisable\nin respect of a quarry, brick pit or other like place worked or used for\ngetting materials for the purpose of sale.\n(3) An authorised person shall not exercise powers under subsection (1)\nso as to—\n(a) close, divert or narrow, or break the surface of, a road; or\n(b) alter the position of any water, sewerage or gas main or pipe; or\n(c) alter the position of any electricity or telecommunications cable\nor wire;\nunless the authorised person has given reasonable notice, in writing,\nof his or her intention to do so to the utility or other person responsible\nfor the road, main, pipe, cable or wire.\n\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Obligations in relation to exercise of powers","content":"10 Obligations in relation to exercise of powers\nAn authorised person exercising powers under this part shall—\n(a) take all reasonable steps to ensure that the exercise of the powers\ncauses as little detriment and inconvenience, and does as little\ndamage, as is practicable to the land and to anything on, or\ngrowing or living on, the land; and\n(b) remain on the land only for such period as is reasonably\nnecessary; and\n(c) remove from the land at the end of the occupation all plant,\nmachinery, equipment, goods or structures brought onto, or\nerected on, the land other than any of those things that the owner\nor occupier agrees may be left on the land; and\n(d) leave the land, as nearly as practicable, in the condition in which\nit was immediately before it was occupied.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Order to enforce exercise of powers","content":"11 Order to enforce exercise of powers\n(a) an authorised person is entitled to exercise powers under this\npart in relation to land; and\n(b) another person (the obstructing person) has hindered or\nobstructed, is hindering or obstructing, or proposes to hinder or\nobstruct the authorised person in the exercise of any of those\npowers;\na court of summary jurisdiction may, on the application of the\nauthorised person, make an order authorising a police officer or other\nperson named in the order to use such assistance and force as are\nreasonably necessary to enable those powers to be exercised.\n(2) A copy of an application under subsection (1) shall be given to the\nobstructing person and that person is entitled to appear and be heard\non the hearing of the application.\n\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Exercise of powers not acquisition of interest in land","content":"12 Exercise of powers not acquisition of interest in land\nThe exercise of a power under this part does not constitute the\nacquisition of an interest in land for this Act.\n\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Modes of acquisition","content":"13 Modes of acquisition\nAn interest in land may be acquired under this Act—\n(a) by agreement under section 32; or\n(b) by compulsory process under section 33.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Nature of interests that may be acquired","content":"14 Nature of interests that may be acquired\n(1) The interests that may be acquired under this Act are—\n(a) a legal or equitable estate or interest in land; and\n(b) any other right (including a right under an option and a right of\nredemption), charge, power or privilege over, or in connection\nwith, land or an interest in land.\n(2) Those interests include—\n(a) an interest of the Territory, a State or another Territory in land;\nand\n(b) an interest that did not previously exist in relation to particular\nland; and\n(c) a restriction on the use of the land, whether or not annexed to\nparticular land.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Authorities with limited powers","content":"15 Authorities with limited powers\nNothing in this Act gives to an authority a power that the authority\ndoes not otherwise have.\n\nAcquisition of interests Part 3\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Steps in acquisition by agreement","content":"16 Steps in acquisition by agreement\n(1) The principal steps in an acquisition under this Act by agreement\nare—\n(a) the making of a pre-acquisition declaration under part 4; and\n(b) any reconsideration of the pre-acquisition declaration under\npart 4; and\n(c) the authorisation of the acquisition under section 32; and\n(d) the making of the agreement under part 5; and\n(e) the taking of actions required by the agreement to complete the\nacquisition.\n(2) The making of a pre-acquisition declaration is not required if—\n(a) the interest to be acquired is owned by another acquiring\nauthority; or\n(b) a certificate has been given under section 21.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Steps in acquisition by compulsory process","content":"17 Steps in acquisition by compulsory process\n(1) The principal steps in an acquisition by compulsory process are—\n(a) the making of a pre-acquisition declaration under part 4; and\n(b) any reconsideration of the pre-acquisition declaration under\npart 4; and\n(c) the making of an acquisition declaration under part 5.\n(2) The making of a pre-acquisition declaration is not required if a\ncertificate has been given under section 21.\n\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Acquisitions to be in accordance with Act","content":"18 Acquisitions to be in accordance with Act\n(1) Subject to subsections (2) and (3), an acquiring authority shall not\nacquire an interest in land otherwise than in accordance with this Act\nunless—\n(a) the regulations provide that this Act does not apply in relation to\nthe acquisition, by the acquiring authority, of interests in land in\nspecified circumstances and the acquisition is an acquisition in\nthose circumstances; or\n(b) the acquisition is authorised by a territory law (including a law\npassed or made after the commencement of this part) and that\nlaw, or another territory law, expressly provides that the\nfirstmentioned law has effect despite anything contained in this\nAct; or\n(c) the acquisition is effected by a territory law; or\n(d) the acquisition is effected by an agreement made when there was\nno pre-acquisition declaration or certificate under section 21 in\nforce relating to the acquisition.\n(2) Nothing in this Act prevents the benefit of a restriction on the use of\nland becoming vested in an authority by the operation of a law other\nthan this Act.\n(3) This Act does not apply in respect of the withdrawal by the Executive\nfrom a lease of territory land of all or part of the land comprised in\nthe lease where the withdrawal is made in accordance with the\nprovisions of the lease.\n\nPre-acquisition declarations Division 4.1\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Declaration that land suitable for acquisition","content":"19 Declaration that land suitable for acquisition\n(1) The Executive may declare that it is considering the acquisition by an\nacquiring authority of an interest in land (other than a mortgage\ninterest) for a public purpose.\n(2) The declaration shall identify the acquiring authority, the land, the\ninterest in the land and the public purpose.\n(3) Except where the interest is a restriction on the use of land, the\nExecutive shall include in the declaration—\n(a) a statement that the land appears to the Executive to be suitable\nfor use, or for development for use, for a public purpose; and\n(b) a statement setting out—\n(i) particulars of the use to which the land will be put or for\nwhich it will be developed; and\n(ii) the reasons why the land appears to be suitable for that use\nor for development for that use.\n(4) Where the interest is a restriction on the use of land, the Executive\nshall include in the declaration—\n(a) a statement that it appears to the Executive to be appropriate for\nthe acquiring authority to be given, for a public purpose, the\nbenefit of the restriction on the use of the land; and\n(b) a statement—\n(i) explaining the nature of the restriction; and\n(ii) setting out the reasons why it is appropriate for the\nacquiring authority to be given the benefit of the\nrestriction.\n\n(5) The Executive may include in the declaration a statement that the\nproposed use of the land, or the proposed restriction on the use of the\nland, as the case may be, is connected with the implementation of a\npolicy particulars of which are set out in the declaration.\n(6) The Executive shall give a copy of the declaration to each person who\nis registered under the Land Titles Act 1925 as the owner of an interest\nin the land affected by the declaration together with—\n(a) a sketch showing the location of the land to which the\ndeclaration relates; and\n(b) a statement setting out a summary of the principal rights\nconferred by this Act on persons whose interests in land are\naffected by a pre-acquisition declaration.\n(7) If documents referred to in subsection (6) are required to be given to\n2 or more persons, the Executive shall, as far as practicable, ensure\nthat the documents are given to the persons at or about the same time.\n(8) The declaration ceases to be in force if—\n(a) the interest is acquired under this Act; or\n(b) the declaration is revoked; or\n(c) the declaration ceases to have effect because of section 22, 25 or\n35 (2).\n(9) For this Act, an interest in land shall be taken to be affected by the\ndeclaration only if—\n(a) the interest is the same as, includes or is included in, the interest\nin land specified in the declaration (the declaration interest); or\n(b) the interest is some other interest in land that, if the declaration\ninterest were acquired by compulsory process, would be in\nwhole or in part divested, extinguished or diminished because of\nsection 33 (5) (b).\n\nPre-acquisition declarations Division 4.1\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Publication of pre-acquisition declarations","content":"20 Publication of pre-acquisition declarations\n(1) As soon as practicable after making a pre-acquisition declaration, the\n(a) give public notice of the declaration; and\n(b) give a copy of the declaration to the registrar-general.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(2) A pre-acquisition declaration is a notifiable instrument.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Acquisitions where land required urgently etc","content":"21 Acquisitions where land required urgently etc\n(1) Where, in relation to the proposed acquisition of an interest in land\nby an acquiring authority, the Executive is satisfied that—\n(a) there is an urgent necessity for the acquisition and it would be\ncontrary to the public interest for the acquisition to be delayed\nby the need for the making, and the possible reconsideration, of\na pre-acquisition declaration; or\n(b) to require the making of a pre-acquisition declaration in respect\nof the proposed acquisition would result in a disclosure of\ninformation that would be prejudicial to the Territory;\nthe Executive may certify that it is so satisfied.\n(2) The certificate may include such information relating to the proposed\nacquisition as the Executive considers appropriate.\n(3) If the Executive gives a certificate, the interest may be acquired by\nthe acquiring authority without the preparation of a pre-acquisition\ndeclaration.\n(4) The Executive shall—\n(a) cause a copy of the certificate to be laid before the Legislative\nAssembly within 5 sitting days of the Assembly after the giving\nof the certificate; and\n\n(b) as soon as practicable, cause a copy of the certificate to be served\non each person whom the Executive believes, after diligent\ninquiry, to be a person affected by the certificate.\n(5) A certificate is a notifiable instrument.\n(6) The Executive may give additional public notice of the certificate.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\ndiscretion in s (6) is in addition to the requirement for notification on the\nlegislation register as a notifiable instrument.\n(7) The certificate ceases to be in force if—\n(a) the interest is acquired under this Act; or\n(b) the certificate is revoked.\n(8) For this Act, a person shall be taken to be affected by the certificate\nonly if—\n(a) the person is registered under the Land Titles Act 1925 as the\nowner of an interest in land to which the certificate relates (the\ncertificate interest); or\n(b) the person is an owner of some other interest in land that, if the\ncertificate interest were acquired by compulsory process, would\nbe in whole or in part divested, extinguished or diminished\nbecause of section 33 (5) (b).\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Effect of s 21 certificate on pre-acquisition declaration","content":"22 Effect of s 21 certificate on pre-acquisition declaration\nWhere, after a pre-acquisition declaration has been made, the\nExecutive gives a certificate under section 21 in relation to the same\ninterest in land, the pre-acquisition declaration immediately ceases to\nhave effect.\n\nReconsideration of pre-acquisition declaration Division 4.2\n","sortOrder":22},{"sectionNumber":"Div 4","sectionType":"division","heading":"2 Reconsideration of pre-acquisition","content":"Division 4.2 Reconsideration of pre-acquisition\ndeclaration\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Application for reconsideration of pre-acquisition of","content":"23 Application for reconsideration of pre-acquisition of\ndeclaration\n(1) A person affected by a pre-acquisition declaration may apply to the\nExecutive for a reconsideration of the declaration.\n(2) An application—\n(a) shall be in writing; and\n(b) shall set out the reasons for the application.\n(3) Subject to subsection (4), an application shall be made—\n(a) if section 19 (6) required that a copy of the declaration be given\nto the person—within 28 days after the day on which the copy\nwas given to the person; or\n(b) in any other case—within 28 days after the first day on which\nthe Executive has complied with the requirements of\nsections 19 (6) and 20 in relation to the declaration.\n(4) The Executive may, by writing and before the end of the period within\nwhich the person would otherwise be required to make an application,\nagree to an extension of that period.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Reconsideration of pre-acquisition declaration","content":"24 Reconsideration of pre-acquisition declaration\n(1) Where the Executive receives an application for reconsideration of a\npre-acquisition declaration, it shall, within 28 days after receiving the\napplication—\n(a) reconsider the application having regard to the reasons specified\nin the application and any other relevant matters; and\n\nDivision 4.2 Reconsideration of pre-acquisition declaration\n(b) by instrument—\n(i) confirm the declaration; or\n(ii) revoke the declaration; or\n(iii) vary the declaration.\n(2) The Executive shall not vary the declaration in such a way that an\ninterest in land that was not previously an interest affected (within the\nmeaning of section 19 (9)) by the declaration becomes an interest so\naffected.\n(3) The Executive’s decision shall include a statement of the reasons for\nthe decision to confirm, revoke or vary the declaration.\n(4) The person who made the application may, by writing and before the\nend of the period of 28 days referred to in subsection (1), agree to an\nextension of that period.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Notification of confirmation of pre-acquisition declaration","content":"25 Notification of confirmation of pre-acquisition declaration\netc\n(1) An instrument under section 24 (1) that confirms or varies a\npre-acquisition declaration is a disallowable instrument.\n(2) The Legislation Act 2001, chapter 7 (Presentation, amendment and\ndisallowance of subordinate laws and disallowable instruments)\napplies to the instrument as if each reference in that chapter to\n6 sitting days were a reference to 3 sitting days.\n(3) If the instrument is taken to be repealed under the Legislation\nAct 2001, chapter 7, the Executive must give notice to everyone to\nwhom a copy of the declaration was given under this part.\n(4) A notice under subsection (3) is a notifiable instrument.\n\nMiscellaneous Division 4.3\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Meaning of authorising document in div 4.3","content":"26 Meaning of authorising document in div 4.3\nIn this division:\nauthorising document means a pre-acquisition declaration or a\ncertificate under section 21.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Correction of mistakes in authorising documents","content":"27 Correction of mistakes in authorising documents\nThe Executive may, by writing, vary an authorising document for the\npurpose of correcting a clerical error or an obvious mistake in the\ndocument.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Consequences of variation of authorising documents","content":"28 Consequences of variation of authorising documents\nWhere, under section 27 or division 4.2, the Executive varies an\nauthorising document, the following provisions have effect:\n(a) anything done in relation to the document before its variation\nshall be deemed to have been done in relation to the document\nas varied;\n(b) the Executive shall cause a copy of the document, clearly\nshowing the variation, to be given to—\n(i) each person to whom a copy of the original document was\ngiven in accordance with a requirement of this part; and\n(ii) any other person whom the Executive has reason to believe\nto be a person affected by the document as varied.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Notification of confirmation or revocation of authorising","content":"29 Notification of confirmation or revocation of authorising\ndocuments\nWhere the Executive confirms or revokes an authorising document,\nthe Executive shall cause written notice of the confirmation or\nrevocation to be given to each person to whom a copy of the\ndocument was given in accordance with a requirement of this part.\n\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Registration of authorising documents","content":"30 Registration of authorising documents\n(1) As soon as practicable, and, in any event, within 7 working days, after\nan authorising document is made or given, or is varied or revoked, the\ndirector-general shall cause to be lodged with the registrar-general a\nmemorandum setting out particulars of the document, or of the\nvariation or revocation, as the case may be.\n(2) The registrar-general shall make such entries in the records kept by\nhim or her as he or she thinks appropriate.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Owner of interest in land required to disclose existence","content":"31 Owner of interest in land required to disclose existence\nof authorising documents\n(1) Where a copy of an authorising document has been given to a person\n(the owner) in accordance with this part, the owner shall not, at a time\nwhen the document is in force, enter into any agreement with another\nperson in respect of the owner’s interest in the land to which the\ndocument relates without first disclosing to the other person the\nexistence of the document.\n(2) If the owner enters into an agreement with another person without\nmaking a disclosure as required by subsection (1)—\n(a) the other person is entitled, by notice in writing given to the\nowner, to rescind or terminate the agreement; and\n(b) if the other person has suffered loss or damage because of the\nfailure to make the disclosure—the owner is liable to pay the\namount of the loss or damage to the other person.\n(3) The rights conferred by subsection (2) are in addition to, and not in\nderogation of, any other right or remedy under territory law.\n\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Acquisition by agreement","content":"32 Acquisition by agreement\n(1) The Executive may authorise the acquisition under this Act by\nagreement of an interest in land other than land in a public park, by\nan acquiring authority for a public purpose.\n(2) The acquiring authority may then enter into an agreement for the\nacquisition of the interest if—\n(a) a pre-acquisition declaration in relation to the acquisition has\nbecome absolute and is in force; or\n(b) the Executive has given a certificate under section 21 in respect\nof the acquisition; or\n(c) the interest is owned by the Territory or a territory authority.\n(3) The Executive shall cause to be laid before the Legislative Assembly,\nwithin 15 sitting days of the Assembly after the agreement is entered\ninto, a statement describing—\n(a) the interest; and\n(b) the situation of the land; and\n(c) the price at which the interest is being, or has been, acquired;\nand\n(d) the public purpose for which the interest is being, or has been,\nacquired.\n(4) Failure to comply with subsection (3) in relation to an acquisition\ndoes not invalidate the acquisition.\n(5) In this section:\npublic park means land that, under a territory law, is dedicated or\nreserved, or is vested in trustees, as a public park or national park or\notherwise is for the purposes of public recreation.\n\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Acquisition by compulsory process","content":"33 Acquisition by compulsory process\n(1) If, in relation to the acquisition of an interest in land by an acquiring\nauthority—\n(a) a pre-acquisition declaration has become absolute and is in\nforce; or\n(b) a certificate has been given under section 21;\nthe Executive may declare that the interest is acquired by the\nacquiring authority by compulsory process.\n(2) The declaration shall—\n(a) identify the land concerned; and\n(b) specify the public purpose for which the interest is being\nacquired.\n(3) The declaration is a notifiable instrument.\n(4) The Executive must give additional public notice of the declaration.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (4) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(5) On the notification of the declaration under the Legislation Act 2001,\nthe interest is, by force of this section—\n(a) vested in the acquiring authority; and\n(b) freed and discharged from all other interests and from all trusts,\nrestrictions, dedications, reservations, obligations, mortgages,\nencumbrances, contracts, licences, charges and rates.\n(6) Where, because of subsection (5) (b), another interest in the land is,\nin whole or in part, divested, extinguished or diminished, that other\ninterest shall, to that extent, be taken, for this Act, to have been\nacquired by compulsory process.\n\n(7) For this Act, a person shall be taken to be affected by the declaration\nif—\n(a) the person is an owner of the interest identified in the\ndeclaration; or\n(b) the person is an owner of some other interest in the land that,\nbecause of subsection (5) (b), is divested, extinguished or\ndiminished.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"When pre-acquisition declaration becomes absolute","content":"34 When pre-acquisition declaration becomes absolute\n(a) a pre-acquisition declaration is in force; and\n(b) the requirements of sections 19 (6), 20, 28, 29 and 30 (1) have\nbeen complied with in relation to the declaration; and\n(c) the requirements of the Legislation Act 2001 (as affected by\nsection 25 (2) of this Act) have been complied with in relation\nto the declaration;\nthe declaration becomes absolute in accordance with this section.\n(2) If no application for reconsideration has been made, the declaration\nbecomes absolute at the end of 28 days after the last day on which\nsuch an application could have been made.\n(3) If, because of 1 or more applications for reconsideration, the\ndeclaration has been confirmed or varied by an instrument under\nsection 24 (1) (Reconsideration of pre-acquisition declaration), then,\nunless the instrument is disallowed by the Legislative Assembly, the\ndeclaration (as confirmed or varied) becomes absolute on the day\nafter the last day when the instrument could have been disallowed by\nthe Legislative Assembly.\n\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Notice requiring acquisition","content":"35 Notice requiring acquisition\n(a) at least 28 days have elapsed since a pre-acquisition declaration\nbecame absolute; and\n(b) the declaration is still in force; and\n(c) the interest in land to which the declaration relates has not been\nacquired;\na person who is an owner of the interest may, by written notice given\nto the Executive, require that the interest be acquired.\n(2) If the interest is not acquired by an acquiring authority within\n3 months after the giving of the notice, the declaration ceases to have\neffect at the end of that period.\n(3) The person may, in writing and before the end of the period referred\nto in subsection (2), agree to an extension of that period.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Acquisitions not affected by failure to comply with post-","content":"36 Acquisitions not affected by failure to comply with post-\nacquisition requirements\nOnce an interest in land has been acquired by compulsory process,\nthe acquisition is not affected by any later failure to comply with a\nrequirement of this part that relates to the acquisition.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Entry into possession by acquiring authority","content":"37 Entry into possession by acquiring authority\n(a) an interest in land is acquired by an acquiring authority by\n(b) the interest entitles the authority to possession of the land;\n\na person occupying the land on the date of acquisition is entitled,\nsubject to this section, to remain in occupation of the land or of such\npart of the land as the person specifies, by notice in writing given to\nthe Executive, for the period of 6 months or for a longer period fixed\nby agreement between the Executive and the person.\n(2) If the Executive is satisfied that it is essential that the acquiring\nauthority enter into possession of the land or part of the land urgently,\nthe Executive may give to the occupier written notice—\n(a) stating its reasons for being so satisfied; and\n(b) fixing the date on which the person is to vacate the land or part\nof the land, as the case may be.\n(3) A notice under subsection (2) must set out the reasons for the\nExecutive’s decision.\n(4) The person to whom the notice is given ceases to be entitled to remain\nin occupation of the land, or the part of the land, as the case may be,\non the day fixed by the notice.\n(5) The terms (including any amount payable in relation to occupation on\nand after the date of acquisition) on which the person remains in\noccupation of the land are the terms agreed by the Executive and the\nperson or, if they cannot agree, the terms decided by the Executive.\nNote The Executive’s decision is a reviewable decision (see s 104AA), and the\nExecutive must give a reviewable decision notice to the person\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Notification of compulsory acquisition declarations","content":"38 Notification of compulsory acquisition declarations\nThe Executive shall, within 14 days after notification under the\nLegislation Act 2001 of a declaration under section 33, cause to be\ngiven to each person whom the Executive believes, after diligent\ninquiry, to be a person affected (within the meaning of section 33 (7))\nby the declaration the following documents:\n(a) a copy of the declaration;\n\n(b) a notice—\n(i) stating that the person appears to be entitled to\ncompensation in respect of the acquisition; and\n(ii) stating that if the person does not make a claim for\ncompensation within 3 years after the day the declaration\ncomes into force, the Executive may make an offer of\ncompensation to the person under section 61A (2)\n(Executive may make offer of compensation where no\nclaim is made); and\n(iii) stating that if the Executive makes an offer of\ncompensation under section 61A (2) to the person, the\nperson is not entitled to make a claim for compensation\nunder section 56 in relation to the acquisition; and\n(iv) setting out such other information with respect to the\noperation of this Act as the Executive considers\nappropriate;\n(c) a compensation claim form approved under section 118\n(Approved forms) for section 56 (Claims for compensation).\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Effect of acquisition of mortgage interest on rights of","content":"39 Effect of acquisition of mortgage interest on rights of\nmortgagee\nWhere a mortgage interest is acquired by compulsory process, the\nmortgagee retains, in respect of so much of the mortgage debt as is\nnot discharged by section 57, any rights and remedies that the\nmortgagee may have—\n(a) against the mortgagor; or\n(b) in respect of any interest in land that is still subject to the\n\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Correction of compulsory acquisition declarations","content":"40 Correction of compulsory acquisition declarations\n(1) The Executive may vary a declaration under section 33 (1) for the\npurpose of correcting a clerical error, or an obvious mistake, in the\ndeclaration.\n(2) A variation is a notifiable instrument.\n(3) Where the Executive varies a declaration, the following provisions\nhave effect:\n(a) if the declaration has been notified under the Legislation\nAct 2001—this part has effect as if the declaration had been\nnotified as varied;\n(b) the Executive shall cause a copy of the declaration, clearly\nshowing the variation, to be given to—\n(i) each person to whom a copy of the original declaration was\ngiven in accordance with section 38; and\n(ii) any other person whom the Executive has reason to believe\nto be a person affected (within the meaning of\nsection 33 (7)) by the declaration as varied.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Registration of compulsory acquisition declarations","content":"41 Registration of compulsory acquisition declarations\n(1) As soon as practicable, and, in any event, within 28 days, after the\nnotification under the Legislation Act 2001 of a declaration under\nsection 33 (1) (Acquisition by compulsory process) or a variation\nunder section 40 (1) (Correction of compulsory acquisition\ndeclarations), the director-general shall cause to be lodged with the\nregistrar-general a memorandum setting out particulars of the\ndeclaration, or of the variation, as the case may be.\n\n(2) The registrar-general may—\n(a) deal with and give effect to the declaration as if it were a grant,\nconveyance, or transfer of the acquired interest to the acquiring\nauthority duly executed under the law in force in the ACT; and\n(b) make such entries in the records kept by the registrar-general as\nare necessary having regard to the effect of section 33 (5).\n\nEntitlement to compensation Division 6.1\nPart 6 Compensation for compulsory\nacquisition of interests in land\nDivision 6.1 Entitlement to compensation\n42 Entitlement to compensation\nA person from whom an interest in land is acquired by compulsory\nprocess is entitled to be paid compensation by the Executive in\naccordance with this part in respect of the acquisition.\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Mortgagees may waive rights in respect of mortgage","content":"43 Mortgagees may waive rights in respect of mortgage\ninterests\n(1) The mortgagee under a mortgage may, by written notice given to the\nExecutive, waive the mortgagee’s right to any compensation under\nthis Act in respect of the acquisition of a mortgage interest.\n(2) The Executive may, by written notice given to a mortgagee from\nwhom a mortgage interest has, or may have been, acquired by\ncompulsory process, require the mortgagee, at his or her option—\n(a) to make a claim under division 6.4; or\n(b) to waive the right to compensation.\n(3) If a mortgagee does not, within 30 days after a notice is given to the\nmortgagee or such further period as the Executive, by writing, allows,\nmake a claim for compensation, the mortgagee shall be deemed to\nhave waived the right to compensation in respect of the acquisition of\nthe mortgage interest.\n(4) A mortgagee who waives the right to compensation in respect of the\nacquisition of a mortgage interest—\n(a) is debarred from recovering any compensation from the\nExecutive, the Territory or the Commonwealth in respect of the\nacquisition; but\n\n(b) retains, in respect of the mortgage debt, any rights and remedies\nthat the mortgagee may have—\n(i) against the mortgagor; or\n(ii) in respect of any interest in land that is still subject to the\n","sortOrder":43},{"sectionNumber":"Div 6","sectionType":"division","heading":"2 Amount of compensation—interests","content":"Division 6.2 Amount of compensation—interests\nother than mortgage interests\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Division 6.2 does not apply in relation to acquisition of","content":"44 Division 6.2 does not apply in relation to acquisition of\nThis division does not apply in relation to the acquisition of a\nmortgage interest.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Amount of compensation—general principles","content":"45 Amount of compensation—general principles\n(1) The amount of compensation to which a person is entitled under this\npart in respect of the acquisition of an interest in land is such amount\nas, having regard to all relevant matters, will justly compensate the\nperson for the acquisition.\n(2) In assessing the amount of compensation to which the person is\nentitled, regard shall be had to all relevant matters, including—\n(a) except in a case to which paragraph (b) applies—\n(i) the market value of the interest on the day of the\nacquisition; and\n(ii) the value, on the day of the acquisition, of any financial\nadvantage, additional to market value, to the person\nincidental to the person’s ownership of the interest; and\n(iii) any reduction in the market value of any other interest in\nland held by the person that is caused by the severance by\nthe acquisition of the acquired interest from the other\ninterest; and\n\n(iv) where the acquisition has the effect of severing the\nacquired interest from another interest—any increase or\ndecrease in the market value of the interest still held by the\nperson resulting from the nature of, or the carrying out of,\nthe purpose for which the acquired interest was acquired;\nand\n(b) if—\n(i) the interest acquired from the person did not previously\nexist as such in relation to the land; and\n(ii) the person’s interest in the land was diminished, but not\nextinguished, by the acquisition; and\nthe loss suffered by the person because of the diminution of the\nperson’s interest in the land; and\n(c) any loss, injury or damage suffered, or expense reasonably\nincurred, by the person that was, having regard to all relevant\nconsiderations, including any circumstances peculiar to the\nperson, suffered or incurred by the person as a direct, natural and\nreasonable consequence of—\n(i) the acquisition of the interest; or\n(ii) the making or giving of the pre-acquisition declaration or\ncertificate under section 21 in relation to the acquisition of\nthe interest;\nother than any such loss, injury, damage or expense in respect\nof which compensation is payable under part 7; and\n(d) subject to section 50, if the interest is limited as to time or may\nbe terminated by another person—the likelihood of the\ncontinuation or renewal of the interest and the likely terms and\nconditions on which any continuation or renewal would be\ngranted; and\n\n(e) any legal or other professional costs reasonably incurred by the\nperson in relation to the acquisition, including the costs of—\n(i) obtaining advice in relation to the acquisition, the\nentitlement of the person to compensation or the amount of\ncompensation; and\n(ii) executing, producing or surrendering such documents, and\nmaking out and providing such abstracts and attested\ncopies, as the director-general, the solicitor-general, the\nchief solicitor or a person authorised under the Law\nOfficers Act 2011, section 29 (1) (Person authorised by\nchief solicitor) requires.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Meaning of market value in div 6.2","content":"46 Meaning of market value in div 6.2\nFor this division, the market value of an interest in land at a particular\ntime is the amount that would have been paid for the interest if it had\nbeen sold at that time by a willing but not anxious seller to a willing\nbut not anxious buyer.\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Special provision where market value determined on","content":"47 Special provision where market value determined on\nbasis of potential of land\nWhere the market value of an interest in land acquired by compulsory\nprocess is assessed upon the basis that the land had potential to be\nused for a purpose other than the purpose for which it was used at the\ntime of acquisition, compensation shall not be allowed in respect of\nany loss or damage that would necessarily have been suffered, or\nexpense that would necessarily have been incurred, in realising that\npotential.\n\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"No general market for interest acquired","content":"48 No general market for interest acquired\n(a) an interest in land (the old land) is acquired from a person by\n(b) immediately before the acquisition, the person was using the old\nland, or intended to use the old land, for a purpose other than the\ncarrying on of a business; and\n(c) but for the acquisition, the land would have been, or would have\ncontinued to be, used for that purpose; and\n(d) at the time of the acquisition, there was no general demand or\nmarket for land used for that purpose; and\n(e) the person has acquired, or intends to acquire, another interest\nin other land (the new land) in substitution for the acquired\ninterest and intends to use the new land for the same purpose.\n(2) The market value of the acquired interest on the day of acquisition\nshall be taken to be the greater of—\n(a) the amount that, apart from this section, would be the market\nvalue (if any) of that interest on that day; and\n(b) the net acquisition cost, in relation to the interest in the new land.\n(3) The net acquisition cost, in relation to the interest in the new land, is\nthe amount calculated in accordance with the formula:\nCA + E − FI\nwhere:\nCA means the amount of the cost, or the likely cost, to the person of\nthe acquisition of the interest in the new land.\n\nE means the amount of the expenses and losses incurred, or likely to\nbe incurred, by the person as a result of, or incidental to, ceasing to\nuse the old land and commencing to use the new land for the same\npurpose.\nFI means the present value of any real and substantial saving in\nrecurring costs (relating to land or an interest in land) gained by the\nperson as a result of the relocation.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Interest affected by planning restriction","content":"49 Interest affected by planning restriction\n(a) an interest in land is acquired from a person by compulsory\nprocess; and\n(b) immediately before the acquisition, a planning instrument was\nin force having the effect of limiting or restricting the\npermissible use of the land to use for a purpose of a public\nnature; and\n(c) the planning instrument was made to meet the needs of an\nacquiring authority; and\n(d) the planning instrument was not in force in relation to the land\nat the time the person acquired the interest.\n(2) In determining the amount of compensation to which the person is\nentitled in respect of the acquisition of the interest—\n(a) the limitation or restriction on the use of the land imposed by the\nplanning instrument shall be disregarded; and\n(b) it shall be assumed that the land was subject only to such\nlimitations and restrictions as would have been likely if there\nhad been no proposal to limit or restrict the use of the land to use\nfor the purpose permitted by the planning instrument; and\n\n(c) the amount of any compensation paid or payable to the person\nin consequence of the planning instrument shall be deducted\nfrom the compensation to which the person would otherwise be\nentitled.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Matters to be disregarded in assessing compensation","content":"50 Matters to be disregarded in assessing compensation\n(1) In assessing compensation, there shall be disregarded—\n(a) any special suitability or adaptability of the relevant land for a\npurpose for which it could only be used pursuant to a power\nconferred by or under law, or for which it could only be used by\na government or public authority; and\n(b) any increase in the value of the land caused by its use in a\nmanner, or for a purpose, contrary to law; and\n(c) any increase or decrease in the value of the land caused by the\ncarrying out of, or the proposal to carry out, the purpose for\nwhich the interest was acquired; and\n(d) any increase in the value of the land caused by the carrying out,\nafter a copy of the pre-acquisition declaration or certificate\nunder section 21 in relation to the acquisition of the interest was\ngiven to the person, of any improvements to the land, unless the\nimprovements were carried out with the written approval of the\nterritory planning authority; and\n(e) for an acquisition of land the subject of a rural lease granted for\na term shorter than 21 years—the possibility of a further lease\nbeing granted in relation to the land under the Planning\nAct 2023, section 289.\n(2) In this section:\nrural lease—see the Planning Act 2023, section 256.\n\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Acquisition of dwelling","content":"51 Acquisition of dwelling\n(a) an interest in land is acquired from a person by compulsory\nprocess; and\n(b) the interest entitled the person to occupy a dwelling on the land;\nand\n(c) immediately before the acquisition the person was occupying\nthe dwelling as his or her principal place of residence; and\n(d) because of the acquisition, the person has ceased to be entitled\nto occupy the dwelling as his or her principal place of residence.\n(2) The amount of compensation to which the person is entitled in respect\nof the acquisition is the sum of $15 000 (or that amount as indexed\nby section 105) and the greater of the following amounts:\n(a) the amount of compensation to which the person would, apart\nfrom this section, be entitled;\n(b) the aggregate of the costs to the person of acquiring a reasonably\nequivalent interest in land that entitles the person to occupation\nof a reasonably equivalent dwelling.\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Interest subject to mortgage","content":"52 Interest subject to mortgage\n(a) an interest in land is acquired from a person (the owner) by\n(b) immediately before the acquisition, the interest was subject to\n1 or more mortgages.\n(2) As a general rule, the compensation to which the owner is entitled in\nrespect of the acquisition shall be determined as if the interest had not\nbeen subject to any mortgage.\n\nAmount of compensation—mortgage interests Division 6.3\n(3) If compensation is payable under this part to a mortgagee, the\ncompensation payable to the owner is reduced by so much of the\ncompensation payable to the mortgagee as represents the amount\ncalculated according to section 54 (1) (a).\n(4) If a mortgagee waives the right to compensation in respect of the\nacquisition of a mortgage interest, the compensation to which the\nowner would otherwise be entitled is increased by such amount as the\nowner should justly receive as compensation in respect of interest\nupon the mortgage debt accruing from the time of the acquisition, or\nin respect of any other liability to the mortgagee.\nDivision 6.3 Amount of compensation—mortgage\ninterests\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Interpretation for div 6.3","content":"53 Interpretation for div 6.3\n(1) For this division, money shall be taken to have been due to a\nmortgagee under, or to have been secured by, a mortgage at the time\nof acquisition of a mortgage interest only to the extent that, at that\ntime—\n(a) the right of the mortgagee to recover the money secured by the\nmortgage was not barred by a law relating to the limitation of\nactions; or\n(b) the mortgagee was entitled to recover money secured by the\nmortgage by exercising a power of sale of, or other remedy in\nrelation to, the interest in land subject to the mortgage.\n(2) For this division, the interest due to the mortgagee under a mortgage\nat a particular time is the interest that would be payable to the\nmortgagee if the mortgage were discharged at that time, other than so\nmuch (if any) of that interest as represents—\n(a) costs of reinvesting the principal under the mortgage; or\n(b) a loss, or possible loss, of interest on the reinvestment of the\nprincipal under the mortgage.\n\nDivision 6.3 Amount of compensation—mortgage interests\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Amount of compensation","content":"54 Amount of compensation\n(1) The amount of compensation to which a mortgagee is entitled under\nthis part in respect of the acquisition of a mortgage interest under a\nmortgage (the relevant mortgage) is an amount equal to the sum of—\n(a) so much of the sum of—\n(i) the amount of the principal secured by the relevant\nmortgage at the time of acquisition of the mortgage\ninterest; and\n(ii) the amount of any interest, costs or charges due to the\nmortgagee under the relevant mortgage at that time;\nas does not exceed the amount of compensation payable under\nthis Act to the mortgagor in respect of the acquisition of the\ninterest in land that was subject to the relevant mortgage; and\n(b) any legal or other professional costs reasonably incurred by the\nmortgagee in relation to the acquisition of the mortgage interest,\nincluding costs of—\n(i) obtaining advice in relation to the acquisition, the\nentitlement of the mortgagee to compensation or the\n(ii) executing, producing or surrendering such documents, and\nmaking out and providing such abstracts and attested\ncopies, as the director-general, the solicitor-general, the\nchief solicitor or a person authorised under the Law\nOfficers Act 2011, section 29 (1) (Person authorised by\nchief solicitor) requires.\n(2) For subsection (1), if—\n(a) the relevant mortgage was the only mortgage over the interest in\nland immediately before the acquisition; or\n\nAmount of compensation—mortgage interests Division 6.3\n(b) there were 2 or more mortgages over the interest in land\nimmediately before the acquisition and the relevant mortgage\nhad, at that time, priority over the other mortgage or mortgages;\nthe compensation payable to the mortgagor in respect of the\nacquisition of the interest in land shall be taken to be the\ncompensation that would have been payable to the mortgagor if there\nhad been no mortgage over the interest.\n(3) For subsection (1), if—\n(a) there were 2 or more mortgages over the interest in land\nimmediately before the acquisition; and\n(b) the relevant mortgage did not have, at that time, priority over the\nother mortgage or mortgages;\nthe compensation payable to the mortgagor in respect of the\nacquisition of the interest in land shall be taken to be the\ncompensation that would have been payable to the mortgagor if there\nhad been no mortgage over the interest, reduced by the principal\nsecured at the time of the acquisition by, and the interest, costs and\ncharges due at that time under, a mortgage or mortgages having\npriority over the relevant mortgage.\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Particulars of mortgages may be required","content":"55 Particulars of mortgages may be required\n(1) The Executive may, by written notice require a person from whom an\ninterest in land, other than a mortgage interest, has been acquired by\ncompulsory process, to provide the Executive with the following\nparticulars:\n(a) whether the interest was, immediately before the acquisition,\nsubject to any mortgages;\n(b) in relation to each mortgage (if any) to which the interest was,\nimmediately before its acquisition, subject—\n(i) the name and address of the mortgagee; and\n\n(ii) the amount of principal secured by the mortgage at the time\nof the acquisition of the interest; and\n(iii) the amount of interest, costs and charges due under the\nmortgage at that time.\n(2) If the person fails to provide the Executive with the particulars within\n30 days after the giving of the notice, or such further period as the\nExecutive by writing, allows, the Executive may agree with any\nperson claiming to be a mortgagee of the interest in land as to the\namounts due under the mortgage and the firstmentioned person is\ndebarred from disputing the correctness of any amounts so agreed.\nDivision 6.4 Claims for, and offers of,\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Claims for compensation","content":"56 Claims for compensation\n(1) A person who considers that he or she is entitled to be paid\ncompensation in accordance with this part may make a claim for\n(2) A claim—\n(a) shall specify—\n(i) the interest of the person that has been acquired by\n(ii) the amount of compensation the person claims in respect\nof the acquisition; and\n(iii) if the claim is in respect of the acquisition of a mortgage\ninterest under a mortgage—the amounts that, for\ndivision 6.3, are the amounts of—\n(A) principal secured by the mortgage at the time of the\nacquisition of the interest; and\n\n(B) any interest, costs and charges due under the\nmortgage at that time; and\n(b) shall be given to the Executive.\n(3) A person who has made a claim may, by notice in writing given to\nthe Executive, withdraw the claim.\n(4) Where a claim is withdrawn, this Act has effect as if the claim had\nnever been made.\n(5) For this Act, a claim shall be taken to be made when it is given to the\nExecutive.\n(6) The Executive must decide a claim within 42 days after the day the\nclaim is made.\n(7) The claimant may agree in writing to an extension of the 42-day\nperiod before the end of the period.\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Effect of compensation claim in respect of acquisition of","content":"57 Effect of compensation claim in respect of acquisition of\nmortgage interest\n(a) a mortgage interest has been acquired from a mortgagee; and\n(b) the mortgagee makes a claim for compensation in respect of the\nacquisition.\n(2) To the extent of the compensation payable to the mortgagee in respect\nof the acquisition, excluding amounts referred to in section 54 (1) (b),\nthe acquisition shall, on the making of the claim, be taken to have\ndischarged the liability of the mortgagor under the mortgage as from\nthe time of acquisition.\n(3) On payment or tender of the compensation to the mortgagee, the\nmortgagee shall, if so required by the mortgagor and at the expense\nof the mortgagor, execute a discharge of the mortgage debt to the\nextent to which the mortgage debt is taken, by subsection (2), to have\nbeen discharged.\n\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Amounts paid in respect of mortgage liabilities","content":"58 Amounts paid in respect of mortgage liabilities\nextinguished by s 57\n(1) Where an amount has been paid to or recovered by the mortgagee\nunder a mortgage in respect of a liability that, upon the making of a\nclaim by the mortgagee, is, by section 57, taken to have been\ndischarged as from the time of acquisition of a mortgage interest\nunder the mortgage—\n(a) the mortgagee is liable to repay that amount to the person who\npaid it; and\n(b) the Executive may deduct from the compensation payable to the\nmortgagee and pay to the person who paid that amount so much\nof that amount as has not been so repaid.\n(2) A payment made by the Executive under subsection (1) (b) shall be\ndeemed to have been made in discharge of the obligation of the\nmortgagee under subsection (1) (a).\n","sortOrder":59},{"sectionNumber":"59","sectionType":"section","heading":"Compensation for compulsory acquisition—Executive","content":"59 Compensation for compulsory acquisition—Executive\nmust accept or reject claim\n(1) If the Executive is satisfied that the interest in land stated in a claim\nwas acquired by compulsory process from the claimant, the Executive\nmust make an offer of compensation to the claimant that the\nExecutive considers the claimant is entitled to in accordance with\ndivision 6.2 or division 6.3.\nExecutive must give an internal review notice to the claimant\n(2) The internal review notice about the offer of compensation must\n(a) that the claim is accepted; and\n(b) about how the compensation offered is worked out.\n\n(3) If the Executive does not consider that the interest in land stated in\nthe claim was acquired by compulsory process from the claimant, the\nExecutive must reject the claim.\nNote The decision to reject a claim is a reviewable decision (see s 104AA), and\nthe Executive must give a reviewable decision notice to the claimant\n(4) If the Executive has not given an internal review notice or reviewable\ndecision notice to the claimant within the 42-day period mentioned in\nsection 56 (6), the Executive is taken to have rejected the claim.\n","sortOrder":60},{"sectionNumber":"60","sectionType":"section","heading":"Effect of ACAT decision","content":"60 Effect of ACAT decision\n(1) If the ACAT confirms the Executive’s decision to reject a claim for\ncompensation, the interest stated in the claim is taken, for this Act,\nnot to have been acquired from the claimant by compulsory process.\n(2) If the ACAT sets aside the Executive’s decision to reject a claim for\ncompensation, and accepts the claim, the interest stated in the claim\nis taken, for this Act, to have been acquired from the claimant by\ncompulsory process.\n","sortOrder":61},{"sectionNumber":"61","sectionType":"section","heading":"Consequences of not seeking ACAT review of decision to","content":"61 Consequences of not seeking ACAT review of decision to\nreject claim\n(1) This section applies if the Executive rejects a claim for compensation\nand—\n(a) the claimant does not make an application to the ACAT in\nrelation to the rejection within the period required under the ACT\nCivil and Administrative Tribunal Act 2008; or\nNote Requirements for applications to the ACAT, including when an\napplication must be made, are prescribed under the ACT Civil and\nAdministrative Tribunal Act 2008 (see s 10).\n\n(b) each of the following applies:\n(i) the claimant makes an application to the ACAT in relation\nto the rejection within the period required under the ACT\nCivil and Administrative Tribunal Act 2008;\n(ii) the ACAT confirms the decision;\n(iii) it is at least 30 days since the ACAT made its decision, and\nno appeal in relation to the decision has been made to the\nSupreme Court.\n(2) The Executive may pay compensation under this part on the basis that\nthe claimant was not, at the time of the acquisition to which the claim\nrelates, entitled to the interest the subject of the claim.\n(3) If compensation is paid in relation to an interest that is inconsistent\nwith the interest (the subject interest) the subject of the claim, no\ncompensation is payable in relation to the subject interest.\n","sortOrder":62},{"sectionNumber":"61A","sectionType":"section","heading":"Executive may make offer of compensation where no","content":"61A Executive may make offer of compensation where no\nclaim is made\n(1) This section applies if—\n(a) the Executive is satisfied that an interest in land (other than a\nmortgage interest) has been acquired by compulsory process\nfrom a person; and\n(b) at least 3 years have passed since the date of acquisition; and\n(c) the person has not made a claim for compensation under\nsection 56.\n(2) The Executive may make an offer of compensation to the person that\nthe Executive considers the person is entitled to in accordance with\ndivision 6.2 (Amount of compensation—interests other than\nmortgage interests).\n\nExecutive must give an internal review notice to the person\n(3) The internal review notice about the offer of compensation must\n(a) that the Executive is satisfied that the interest in land (other than\na mortgage interest) has been acquired by compulsory process\nfrom the person; and\n(b) that at least 3 years have passed since the date of acquisition and\nthe person has not made a claim for compensation under\nsection 56; and\n(c) about how the compensation offered is worked out.\n(4) If the Executive makes an offer of compensation to the person under\nsubsection (2) for the acquisition, the person is not entitled to make a\nclaim for compensation under section 56 in relation to the acquisition.\n(5) In this section:\ndate of acquisition means the day a declaration under section 33\n(Acquisition by compulsory process) in relation to an interest in land\ncame into force.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Compensation for compulsory acquisition—person may","content":"62 Compensation for compulsory acquisition—person may\naccept or reject Executive’s offer\n(1) This section applies if the Executive makes an offer of compensation\nto a person under section 59 (1) or section 61A (2).\n(2) The person may, by written notice given to the Executive—\n(a) accept the offer of compensation; or\n(b) reject the offer of compensation, tell the Executive the amount\nof compensation that the person considers the person is entitled\nto, and state how the amount is worked out.\n\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Compensation for compulsory acquisition—Executive to","content":"63 Compensation for compulsory acquisition—Executive to\nreconsider offer and make final offer\n(1) If the Executive receives a notice under section 62 (2) (b), the\n(a) reconsider the amount of compensation within 2 months\n(the 2-month period) after the day the Executive receives the\nnotice; and\n(b) consider the information included in the notice; and\n(c) make a final offer of compensation to the person that the\nExecutive considers the person is entitled to in accordance with\ndivision 6.2 or 6.3.\nNote A final offer is a reviewable decision (see s 104AA), and the Executive\nmust give a reviewable decision notice to the person (see s 104AC).\n(2) The reviewable decision notice about the final offer of compensation\nmust include a statement about how the compensation offered is\nworked out.\n(3) If the Executive has not given a reviewable decision notice to the\nperson within the 2-month period—\n(a) the internal review notice given to the person in relation to a\nclaim under section 59 (1) or an offer of compensation under\nsection 61A (2), is taken to be a reviewable decision notice given\nto the person on the last day of the 2-month period; and\n(b) the offer of compensation made in the internal review notice\nunder section 59 (1) or section 61A (2) is taken to be a final offer\nof compensation.\n\nDetermination of compensation payable Division 6.5\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Compensation for compulsory acquisition—person may","content":"64 Compensation for compulsory acquisition—person may\naccept or reject Executive’s final offer\n(1) This section applies if a person has received, or is taken to have\nreceived, a final offer of compensation.\n(2) The person may accept or reject the final offer by notice in writing\ngiven to the Executive.\nDivision 6.5 Determination of compensation\npayable\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Determination of compensation by pre-acquisition","content":"65 Determination of compensation by pre-acquisition\nagreement\n(1) The Executive and the owner of an interest in land, other than a\nmortgage interest, may agree on the amount of compensation to\nwhich the owner will be entitled if the interest is acquired by\ncompulsory process within a time specified in the agreement.\n(2) If the interest is acquired from the owner by compulsory process\nwithin the specified time and the agreement is still in force, the\namount of compensation payable to the owner in respect of the\nacquisition is the amount specified in the agreement.\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Determination of compensation by post-acquisition","content":"66 Determination of compensation by post-acquisition\nagreement\nIf—\n(a) a person has made a claim for compensation; and\n(b) the Executive has made an offer (including a final offer) of an\n(c) the person has accepted the offer;\nthe amount of compensation payable to the person in respect of the\nacquisition to which the claim relates is the amount of compensation\nso offered by the Executive and accepted by the person.\n\nDivision 6.5 Determination of compensation payable\n","sortOrder":68},{"sectionNumber":"68","sectionType":"section","heading":"Persons not entitled to seek determination of","content":"68 Persons not entitled to seek determination of\ncompensation by more than 1 means\n(1) A person who has, under division 6.4, accepted an offer of\ncompensation is not entitled, in respect of the same claim—\n(a) to accept another offer of compensation; or\n(b) to make an application to the ACAT.\n(2) Where, a person has—\n(a) entered into an agreement under section 65; or\n(b) made an application to the ACAT;\nthen, unless the agreement is revoked, or the application or\nproceedings are withdrawn or terminated otherwise than by a decision\non the merits, the person is not entitled, in respect of the same claim—\n(c) to accept an offer of compensation; or\n(d) to enter into an agreement, or another agreement, under\nsection 65; or\n(e) to make an application, or another application, to the ACAT.\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"Separate rights of mortgagee and mortgagor to","content":"69 Separate rights of mortgagee and mortgagor to\ndetermination of compensation\nThe rights of a mortgagor claiming compensation are not affected by\na determination of the compensation payable to a mortgagee, and the\nrights of a mortgagee claiming compensation are not affected by a\ndetermination of the compensation payable to the mortgagor or\nanother mortgagee, unless the mortgagor or mortgagee, as the case\nmay be, was a party to an agreement or proceedings by which the\ncompensation was determined.\n\n","sortOrder":70},{"sectionNumber":"70","sectionType":"section","heading":"Advance payment on account of compensation","content":"70 Advance payment on account of compensation\n(1) The Executive may make an advance on account of compensation\nthat may become payable to a person under this part.\n(2) The Executive must make an advance on account of compensation\nunder this part if the Executive has—\n(a) accepted a claim for compensation and made an offer of\ncompensation to the person; or\n(b) made an offer of compensation to the person under\nsection 61A (2) (Executive may make offer of compensation\nwhere no claim is made).\n(3) An advance under subsection (2), when added to advances to the same\nperson in relation to the same compensation under subsection (1),\nmust be not less than 90% of the amount of the Executive’s offer of\n(4) The mere receipt by a person of an advance on account of\ncompensation does not constitute an acceptance of any offer made by\nthe Executive.\n","sortOrder":71},{"sectionNumber":"71","sectionType":"section","heading":"Executive may pay rates etc","content":"71 Executive may pay rates etc\n(a) an interest in land is acquired from a person (the owner) by\n(b) immediately before the acquisition, rates, taxes or other similar\ncharges in respect of the land or interest were due and payable.\n(2) To the extent to which those charges are or were payable by the owner\nas owner of the interest, the Executive may pay those charges.\n\n(3) Where the Executive makes a payment, the amount of the payment\nshall be deducted from the amount of compensation payable to the\nowner in respect of the acquisition.\n","sortOrder":72},{"sectionNumber":"72","sectionType":"section","heading":"Payment of compensation","content":"72 Payment of compensation\n(a) a person is entitled to be paid compensation in accordance with\nthis part in respect of an acquisition; and\n(b) the amount of the compensation has been determined in\naccordance with division 6.5; and\n(c) the proof of title requirement in relation to the acquisition has\nbeen satisfied; and\n(d) the person has—\n(i) produced or surrendered all deeds and documents relating\nto, or evidencing, the person’s title to the interest that the\ndirector-general, the solicitor-general, the chief solicitor or\na person authorised under the Law Officers Act 2011,\nsection 29 (1) (Person authorised by chief solicitor)\nreasonably requires to be produced or surrendered; and\n(ii) executed the documents that a person mentioned in\nsubparagraph (i) reasonably requires;\nthe Executive shall pay to the person the amount of compensation so\ndetermined.\n(2) For subsection (1), the proof of title requirement in relation to the\nacquisition shall be taken to have been satisfied if—\n(a) the person has satisfied the director-general, the\nsolicitor-general, the chief solicitor or a person authorised under\nthe Law Officers Act 2011, section 29 (1) (Person authorised by\nchief solicitor), that the person had, immediately before the\nacquisition, title to the acquired interest; or\n\n(b) because of a decision of the ACAT, the interest is taken, for this\nAct, to have been acquired from the person by compulsory\nprocess.\nNote See s 60 (2) (Effect of ACAT decision).\n","sortOrder":73},{"sectionNumber":"73","sectionType":"section","heading":"Relationship between advances on account of, and","content":"73 Relationship between advances on account of, and\npayments of, compensation\n(a) the Executive is required to pay compensation to a person under\n(b) the total amount paid as advances exceeds the amount of\nthe person is liable to pay to the Executive the amount of the excess.\n","sortOrder":74},{"sectionNumber":"74","sectionType":"section","heading":"Repayment of advances where no entitlement to","content":"74 Repayment of advances where no entitlement to\n(a) an advance, or advances, have been paid to a person on account\nof compensation under this part; and\n(b) compensation does not become payable to the person;\nthe person is liable to pay to the Executive an amount equal to the\ntotal paid by way of advances.\n\n","sortOrder":75},{"sectionNumber":"75","sectionType":"section","heading":"Payment of compensation into trust account","content":"75 Payment of compensation into trust account\n(a) an interest in land has been acquired from a person by\n(b) the amount of compensation payable to the person in respect of\nthe acquisition has been determined in accordance with\ndivision 6.5; and\n(c) at the end of 3 months after the determination of the amount of\ncompensation, the person has not, because of some default or\ndelay on the part of the person, received payment of the\n(2) The Executive may pay the compensation into the trust account.\n(3) The Executive may pay rates, taxes or similar amounts charged on the\nland and due at the time of the acquisition and shall deduct the amount\nof the payment from the compensation otherwise payable into the\ntrust account.\n(4) On payment of the compensation into the trust account, the\ncompensation shall, for sections 76 and 77, be taken to have been paid\nto the person.\n(5) Where the person rectifies the default or delay referred to in\nsubsection (1), the Executive shall pay to the person, out of the trust\naccount, an amount equal to the amount of compensation paid into\nthe trust account.\n","sortOrder":76},{"sectionNumber":"76","sectionType":"section","heading":"Interest payable on compensation—interests other than","content":"76 Interest payable on compensation—interests other than\ncompensation to a person under this part in respect of the acquisition\nof an interest, other than a mortgage interest.\n\n(2) The person is entitled to payment by the Executive of interest on the\ncompensation at the rate specified in, or ascertained in accordance\nwith, the regulations from the day of the acquisition until the day on\nwhich the compensation is paid, or where payment is delayed through\na default or delay of the person, until the day on which the\ncompensation would have been paid but for the default or delay.\n(3) For subsection (2), if—\n(a) the Executive made an offer of compensation to the person; and\n(b) the person rejected the offer; and\nthrough a delay of the person and the day on which the compensation\nwould have been paid but for that delay shall be taken to be the day\non which the person received notice of the offer.\ncommenced on the day of the acquisition or any succeeding period of\n3 months, the interest payable to the person under subsection (2) in\nrespect of the period has not been paid, this part has effect as if, on\nthat day, the amount of compensation payable were increased by the\namount of the unpaid interest.\n(5) Interest is not payable to the person on the whole or any part of the\ncompensation otherwise than in accordance with this section.\n","sortOrder":77},{"sectionNumber":"77","sectionType":"section","heading":"Interest payable on compensation—mortgage interests","content":"77 Interest payable on compensation—mortgage interests\ncompensation to a claimant under this part in respect of the\nacquisition of a mortgage interest.\n\n(2) The claimant is entitled to payment by the Executive of interest on\nthe amount representing principal included in the compensation at the\nlowest rate (whether for prompt payment or otherwise) provided for\nby the mortgage from the day of the acquisition until the day on which\nthe compensation is paid or, where payment is delayed through a\ndefault or delay of the claimant, until the day on which the\ncompensation would have been paid but for the default or delay.\n(3) For subsection (2) if—\n(a) the Executive made an offer of compensation to the claimant;\nand\n(b) the claimant rejected the offer; and\nthrough a delay of the claimant and the day on which the\ncompensation would have been paid but for that delay shall be taken\nto be the day on which the claimant received notice of the offer.\ncommenced on the day of the acquisition or any succeeding period of\n3 months, the interest payable to the claimant under subsection (2) in\nrespect of the period has not been paid, this part has effect as if, on\nthat day, the amount of compensation payable were increased by the\namount of the unpaid interest.\n(5) If the principal under the mortgage was not repayable (with or without\nnotice) on the day when interest ceases to be payable under\nsubsection (2), the claimant is also entitled to be paid by the\nExecutive—\n(a) the costs of the claimant of reinvesting the amount representing\nprincipal included in the compensation; and\n\nCourts to ensure just terms Division 6.7\n(b) if a loss of interest may reasonably be expected on the\nreinvestment, having regard to the rate of interest secured by the\nmortgage and the rate of interest obtained on the reinvestment—\na reasonable allowance for loss of interest until the day on which\nthe principal would have been repayable.\n(6) Interest is not payable to the claimant on the whole or any part of the\ncompensation payable otherwise than in accordance with this section.\nDivision 6.7 Courts to ensure just terms\n","sortOrder":78},{"sectionNumber":"78","sectionType":"section","heading":"Courts to ensure just terms","content":"78 Courts to ensure just terms\nIn any case where the Supreme Court, or the High Court exercising\njurisdiction under the Commonwealth Constitution, section 75, is of\nthe opinion that the application of any of the provisions of this Act\nwould result in an acquisition having been made otherwise than on\njust terms, the Supreme Court, or the High Court, may determine such\ncompensation or make such order (whether against the Executive or\nagainst another person) as, in its opinion, is necessary to ensure that\nthe acquisition is on just terms.\n\n","sortOrder":79},{"sectionNumber":"Part 7","sectionType":"part","heading":"Compensation for exercise of","content":"Part 7 Compensation for exercise of\npowers under part 2 and failure\nto acquire\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Meaning of loss suffered in pt 7","content":"79 Meaning of loss suffered in pt 7\nFor this part, a reference to a loss suffered by a person includes a\nreference to injury or damage suffered, and expenses reasonably\nincurred, by the person.\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Entitlement to compensation—exercise of powers under","content":"80 Entitlement to compensation—exercise of powers under\npt 2\n(a) a person who owns an interest in land suffers loss because of the\nexercise, in relation to the land, of powers conferred by part 2;\nand\n(b) within 3 years after suffering the loss the person makes a claim\nfor compensation in accordance with section 82 in respect of the\nloss;\nthe Executive is liable to pay to that person as compensation such\namount as will justly compensate him or her for the loss.\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Entitlement to compensation—pre-acquisition declaration","content":"81 Entitlement to compensation—pre-acquisition declaration\nmade but acquisition not proceeded with\n(a) a pre-acquisition declaration is revoked or ceases to have effect\nbecause of section 35 (2); and\n\nClaims for, and offers of, compensation Division 7.2\n(b) a person who, when the declaration was in force, was an owner\nof an interest affected by the declaration, suffers loss as a direct,\nnatural and reasonable consequence of the making of the\ndeclaration; and\n(c) within 3 years after the declaration is revoked or ceases to have\neffect, the person claims compensation in accordance with\nsection 82;\nthe Executive is liable to pay to the person as compensation such\namount as will justly compensate him or her for the loss.\n","sortOrder":83},{"sectionNumber":"Div 7","sectionType":"division","heading":"2 Claims for, and offers of,","content":"Division 7.2 Claims for, and offers of,\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Claims for compensation","content":"82 Claims for compensation\n(1) A person who considers that he or she is entitled to be paid\ncompensation in accordance with this part may make a claim for\n(2) A claim for compensation—\n(a) shall include particulars of the loss in respect of which\ncompensation is claimed;\n(b) shall specify the interest of the person in the land in respect of\nwhich the claim is made; and\n(c) shall be given to the Executive.\n(3) A person who has made a claim for compensation may, by notice in\nwriting given to the Executive, withdraw the claim.\n(4) Where a claim for compensation is withdrawn, this Act has effect as\nif the claim had never been made.\n(5) For this Act, a claim for compensation shall be taken to be made when\nit is given to the Executive.\n\nDivision 7.2 Claims for, and offers of, compensation\n(6) The Executive must decide a claim within 42 days after the day the\nclaim is made.\n(7) The claimant may agree in writing to an extension of the 42-day\nperiod before the end of the period.\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Executive must accept or reject claim","content":"83 Executive must accept or reject claim\n(1) If the Executive is satisfied that compensation in accordance with this\npart is payable to a claimant for compensation in relation to the loss\nto which the claim relates, the Executive must make an offer of\ncompensation to the claimant that the Executive considers the\nclaimant is entitled to in accordance with division 7.1.\nExecutive must give an internal review notice to the claimant\n(2) The internal review notice about the offer of compensation must\n(a) that the claim is accepted; and\n(b) about how the compensation offered is worked out.\n(3) If the Executive does not consider that compensation in accordance\nwith this part is payable to a claimant for compensation in relation to\nthe loss suffered, particulars of which were included in the claim, the\nExecutive must reject the claim.\nNote The decision to reject a claim is a reviewable decision (see s 104AA), and\nthe Executive must give a reviewable decision notice to the claimant\n(4) If the Executive has not given an internal review notice or reviewable\ndecision notice to the claimant within the 42-day period mentioned in\nsection 82 (6), the Executive is taken to have rejected the claim.\n\nClaims for, and offers of, compensation Division 7.2\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Claimant may accept or reject Executive’s offer","content":"84 Claimant may accept or reject Executive’s offer\n(1) This section applies if the Executive makes an offer of compensation\nto a claimant under section 83 (1).\n(2) The claimant may, by written notice given to the Executive—\n(a) accept the offer of compensation; or\n(b) reject the offer of compensation, tell the Executive the amount\nof compensation that the claimant considers the claimant is\nentitled to, and state how the amount is worked out.\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Executive to reconsider offer and make final offer","content":"85 Executive to reconsider offer and make final offer\n(1) If the Executive receives a notice under section 84 (2) (b), the\n(a) reconsider the amount of compensation within 2 months\n(the 2-month period) after the day the Executive receives the\nnotice; and\n(b) consider the information included in the notice; and\n(c) make a final offer of compensation to the claimant that the\nExecutive considers the claimant is entitled to in accordance\nwith division 7.1.\nNote A final offer is a reviewable decision (see s 104AA), and the Executive\nmust give a reviewable decision notice to the claimant (see s 104AC).\n(2) The reviewable decision notice about the final offer of compensation\nmust include a statement about how the compensation offered is\nworked out.\n(3) If the Executive has not given a reviewable decision notice to the\nclaimant within the 2-month period—\n(a) the internal review notice given to the claimant in relation to the\nclaim is taken to be a reviewable decision notice given to the\nclaimant on the last day of the 2-month period; and\n\nDivision 7.3 Determination of compensation payable\n(b) the offer of compensation made in the internal review notice is\ntaken to be a final offer of compensation.\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"Claimant may accept or reject Executive’s final offer","content":"86 Claimant may accept or reject Executive’s final offer\n(1) This section applies if a person has received, or is taken to have\nreceived, a final offer of compensation.\n(2) The person may accept or reject the final offer by notice in writing\ngiven to the Executive.\nDivision 7.3 Determination of compensation\npayable\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Determination of compensation by agreement","content":"88 Determination of compensation by agreement\nIf—\n(a) a person has made a claim for compensation; and\n(b) the Executive has made an offer (including a final offer) of an\n(c) the person has accepted the offer;\nthe amount of compensation payable to the person in respect of the\nloss to which the claim relates is the amount of compensation so\naccepted by the person.\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Persons not entitled to seek determination of","content":"90 Persons not entitled to seek determination of\ncompensation by more than 1 means\n(1) A person who has, under division 7.2, accepted an offer of\ncompensation is not entitled, in respect of the same claim—\n(a) to accept another offer of compensation; or\n(b) to make an application to the ACAT.\n\nPayment of compensation Division 7.4\n(2) Where a person has made an application to the ACAT, that has not\nbeen withdrawn, or terminated otherwise than by a decision on the\nmerits, he or she is not entitled, in respect of the same claim—\n(a) to accept an offer of compensation; or\n(b) to make another application to the ACAT.\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Advance payment on account of compensation","content":"91 Advance payment on account of compensation\n(1) The Executive may make an advance on account of compensation\nthat may become payable to a person under this part.\n(2) Where the Executive has accepted a claim for compensation and\nmade an offer of compensation to the claimant, the Executive shall\nmake an advance on account of compensation that may become\npayable to the claimant under this part.\n(3) An advance under subsection (2), when added to advances to the same\nperson in respect of the same compensation under subsection (1),\nshall be 90% of the amount of the Executive’s offer of compensation.\n(4) The receipt by a person of an advance on account of compensation\ndoes not constitute an acceptance of any offer made by the Executive.\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"Payment of compensation","content":"92 Payment of compensation\n(a) a person is entitled to be paid compensation in accordance with\n(b) the amount of the compensation has been determined in\naccordance with division 7.3;\nthe Executive shall pay to the person the amount of compensation so\ndetermined.\n\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Relationship between advances on account of, and","content":"93 Relationship between advances on account of, and\npayments of, compensation\n(a) the Executive is required to pay compensation to a person under\n(b) the total amount paid as advances exceeds the amount of the\nthe person is liable to pay to the Executive the amount of the excess.\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Repayment of advances where no entitlement to","content":"94 Repayment of advances where no entitlement to\n(a) an advance, or advances, have been paid to a person on account\nof compensation under this part; and\n(b) compensation does not become payable to the person;\nthe person is liable to pay to the Executive an amount equal to the\ntotal paid by way of advances.\n","sortOrder":95},{"sectionNumber":"95","sectionType":"section","heading":"Payment of compensation into trust account","content":"95 Payment of compensation into trust account\n(a) compensation under this part is payable to a person in respect of\nloss suffered by the person; and\n(b) the amount of compensation payable to the person has been\ndetermined in accordance with division 7.3; and\n\nPayment of compensation Division 7.4\n(c) at the end of 3 months after the determination of the amount of\ncompensation, the person has not, because of some default or\ndelay on the part of the person, received payment of the\n(2) The Executive may pay the compensation into the trust account.\n(3) On payment of the compensation into the trust account, the\ncompensation shall, for section 96, be taken to have been paid to the\nperson.\n(4) Where the person rectifies the default or delay referred to in\nsubsection (1), the Executive shall pay to the person, out of the trust\naccount, an amount equal to the amount of compensation paid into\nthe trust account.\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Interest payable on compensation","content":"96 Interest payable on compensation\ncompensation to a claimant under this part.\n(2) The claimant is entitled to payment by the Executive of interest on\nthe compensation at the rate specified in, or ascertained in accordance\nwith, the regulations from the day on which the person made a claim\nfor the compensation until the day on which the compensation is paid\nor, where payment is delayed through a default or delay of the\nclaimant, until the day on which the compensation would have been\npaid but for the default or delay.\n(3) For subsection (2), if—\n(a) the Executive made an offer of compensation to the claimant;\nand\n(b) the claimant rejected the offer; and\n\nthrough a delay of the claimant and the day on which the\ncompensation would have been paid but for that delay shall be taken\nto be the day on which the claimant received notice of the offer.\ncommenced on the day on which the claim was made or any\nsucceeding period of 3 months, the interest payable to the claimant\nunder subsection (2) in respect of the period has not been paid, this\npart has effect as if, on that day, the amount of compensation payable\nwere increased by the amount of the unpaid interest.\n(5) Interest is not payable to the claimant on the whole or any part of the\ncompensation otherwise than in accordance with this section.\n\nCompensation for acquisition by utilities Part 7A\n","sortOrder":97},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Compensation for acquisition by","content":"Part 7A Compensation for acquisition by\nutilities\n","sortOrder":98},{"sectionNumber":"96A","sectionType":"section","heading":"Application of pt 6 and pt 7 to compensation for","content":"96A Application of pt 6 and pt 7 to compensation for\nacquisition by utilities\nParts 6 and 7 apply to the acquisition of land (including an interest in\nland) by a utility under the Utilities Act 2000, part 7 (Network\noperations) as if—\n(a) a reference to the Executive were a reference to a utility; and\n(b) a reference in section 43 (4) (a) to the Territory or the\nCommonwealth were omitted; and\n(c) in section 45 (2) (e) (ii) ‘or a person authorised under the Law\n(d) in section 54 (1) (b) (ii) ‘or a person authorised under the Law\n(e) in section 72 (1) (d) (i) ‘or a person authorised under the Law\n(f) in section 72 (1) (d) (ii) ‘or a utility’ were added before\n‘reasonably’; and\n(g) section 75 (Payment of compensation into trust account) were\nomitted; and\n\nPart 7A Compensation for acquisition by utilities\n(h) section 95 (Payment of compensation into trust account) were\nomitted; and\n(i) a reference in section 109 (Award of costs in ACAT proceeding)\nto the Executive were a reference to a utility; and\n(j) a reference in section 112 (Payments to be a good discharge) to\nthe Executive were a reference to a utility.\n\nPersons with limited powers to deal with interests in land Part 8\n","sortOrder":99},{"sectionNumber":"Part 8","sectionType":"part","heading":"Persons with limited powers to","content":"Part 8 Persons with limited powers to\ndeal with interests in land\n","sortOrder":100},{"sectionNumber":"97","sectionType":"section","heading":"Supreme Court may approve certain acts","content":"97 Supreme Court may approve certain acts\n(a) an acquiring authority wishes to acquire an interest in land from\na person by agreement; and\n(b) but for this subsection, the person would not have the capacity\nor power to enter into or carry out such an agreement;\nthe person may, with the approval of the Supreme Court, enter into\nand carry out such an agreement.\n(2) Where—\n(a) an interest in land has been acquired from a person by\n(b) but for this subsection, the person would not have the capacity\nor power to do something in connection with compensation in\nrespect of the acquisition;\nthe person may, with the approval of the Supreme Court, do the thing.\n(3) Where, under subsection (1) or (2), the court gives its approval to a\nperson entering into an agreement, or doing something in connection\nwith compensation, amounts payable under the agreement, or by way\nof compensation, shall be—\n(a) paid to a trustee appointed by the court, subject to such trusts as\nthe court directs; or\n(b) otherwise applied in accordance with the directions of the court.\n(4) This section has effect despite any law, deed, will, memorandum or\narticles of association or other instrument.\n\n","sortOrder":101},{"sectionNumber":"Part 9","sectionType":"part","heading":"Dealings in land vested in","content":"Part 9 Dealings in land vested in\nacquiring authorities\n","sortOrder":102},{"sectionNumber":"97A","sectionType":"section","heading":"Meaning of acquiring authority in pt 9","content":"97A Meaning of acquiring authority in pt 9\nIn this part:\nacquiring authority does not include a utility.\n","sortOrder":103},{"sectionNumber":"98","sectionType":"section","heading":"Disposals to be in accordance with pt 9","content":"98 Disposals to be in accordance with pt 9\nAn acquiring authority shall not dispose of an interest in land\notherwise than in accordance with this part unless—\n(a) the regulations provide that this Act does not apply in relation to\nthe disposal, by the acquiring authority, of interests in land in\nspecified circumstances and the disposal is a disposal in those\ncircumstances; or\n(b) the disposal is authorised by a territory law (including a law\npassed or made after the commencement of this Act) and that\nlaw, or another territory law, expressly provides that the\nfirstmentioned law has effect despite anything contained in this\nAct; or\n(c) the disposal is effected by a territory law; or\n(d) the disposal results from the exercise by the acquiring authority\nof powers conferred by a mortgage, charge or other similar\nsecurity over the interest.\n","sortOrder":104},{"sectionNumber":"99","sectionType":"section","heading":"Vesting of interests in territory authorities","content":"99 Vesting of interests in territory authorities\nDespite the provisions of this part or part 3, the Executive may, if it\nthinks it appropriate to do so, direct that an interest in land vested in\nthe Commonwealth be transferred to a particular territory authority.\n\n","sortOrder":105},{"sectionNumber":"100","sectionType":"section","heading":"Disposal of interests in land","content":"100 Disposal of interests in land\n(1) An interest in land vested in an acquiring authority may be disposed\nof under the written authority of the Executive.\n(2) A person dealing with an acquiring authority is not concerned to\ninquire whether this part has been complied with, and the vesting in\na person of an interest in land is not affected by any contravention of\nthis part.\n","sortOrder":106},{"sectionNumber":"101","sectionType":"section","heading":"Disposal may be made subject to reservation of interest","content":"101 Disposal may be made subject to reservation of interest\nThe disposal of an interest in land by an acquiring authority may be\nmade subject to the reservation to the acquiring authority of a\nspecified interest in the land, including—\n(a) an easement in gross over the land; or\n(b) a restriction on the use of the land, the benefit of which is not\nannexed to other land.\n","sortOrder":107},{"sectionNumber":"102","sectionType":"section","heading":"Interest in land to be offered first to former owner","content":"102 Interest in land to be offered first to former owner\n(a) an acquiring authority acquired an interest in land by the vesting\nof the interest in the acquiring authority by section 33 (5) (a);\nand\n(b) the acquiring authority has not made substantial improvements\nto the land; and\n(c) the Executive proposes to authorise the disposal of the interest;\nand\n\n(d) if authorised, the disposal would be likely to occur before the\nend of 7 years after the acquisition of the interest by the\nacquiring authority;\nthe Executive shall, in authorising the disposal, require the acquiring\nauthority to first offer the interest for sale to the former owner at the\nmarket value of the interest at the time the offer is made.\n(2) An offer shall be made by the Executive by written notice given to\nthe former owner and shall specify the amount that, in the opinion of\nthe Executive, represents the market value of the interest at the time\nof the offer.\n(3) The acquiring authority shall not dispose of the interest to a person\nother than the former owner within 28 days after the day on which the\noffer is made.\n(4) If, within that period of 28 days, the former owner gives to the\nExecutive notice that he or she wishes to purchase the interest from\nthe acquiring authority, the authority shall not dispose of the interest\nto a person other than the former owner within 2 months after the\nnotice is given.\n(5) If the former owner makes an application to the ACAT, the acquiring\nauthority must not dispose of the interest to a person other than the\nformer owner—\n(a) until the end of 14 days after the day the ACAT’s decision on\nthe application takes effect; or\n(b) if, within the 14-day period, the owner gives the Executive\nwritten notice of the owner’s wish to buy the interest from the\nCommonwealth at the market value decided by the ACAT—\nuntil the end of 2 months after the day the ACAT’s decision on\nthe application takes effect.\n(6) The Executive may, by notice in writing given to the former owner,\nextend the period of 2 months referred to in subsection (5) (b).\n\n(7) The validity of the disposal of an interest in land is not affected by a\nfailure to comply with this section.\n(8) In this section:\nformer owner, in relation to an interest in land, means—\n(a) if the interest was acquired by the acquiring authority from only\n1 person and that person is still alive or, in the case of a\ncorporation, is still in existence—that person; and\n(b) in any other case—such persons (if any) as the Executive,\nhaving regard to the interests that existed in the land\nimmediately before the acquisition, considers to be fairly\nentitled to the benefit of subsection (1).\nmarket value—see section 46.\n","sortOrder":108},{"sectionNumber":"103","sectionType":"section","heading":"Extinguishment of easements","content":"103 Extinguishment of easements\n(a) an acquiring authority owns an interest in land, being an\neasement; and\n(b) the Executive is satisfied that it is appropriate to extinguish the\neasement;\nthe Executive may, in writing (by an extinguishment notice),\nextinguish the easement.\n(2) An extinguishment notice is a notifiable instrument.\n(3) An extinguishment notice shall identify the easement and the\nacquiring authority.\n(4) As soon as practicable, and, in any event, within 28 days, after an\neasement is extinguished under subsection (1), the territory planning\nauthority shall cause to be lodged with the registrar-general a copy of\nthe extinguishment notice.\n\n(5) The registrar-general shall make such entries in the records kept by\nhim or her as are necessary having regard to the effect of\nsubsection (1).\n","sortOrder":109},{"sectionNumber":"104","sectionType":"section","heading":"Mining etc on certain land","content":"104 Mining etc on certain land\n(1) The regulations may make provision for or in relation to prohibiting\nor regulating 1 or more of the following matters:\n(a) the exploration for minerals on relevant land;\n(b) the mining for, or recovery of, minerals on or from relevant land;\n(c) the carrying on of operations, and the execution of works, for a\npurpose referred to in paragraph (a) or (b).\n(2) Regulations made for subsection (1) may include, but are not limited\nto, provisions for or in relation to—\n(a) vesting Territory courts with jurisdiction in matters arising\nunder the regulations; and\n(b) if minerals are owned by the Commonwealth—the payment of\nroyalties in respect of minerals mined or recovered in\naccordance with such a lease, licence, permit or authority; and\n(c) the payment to the Territory of amounts representing the whole\nor part of amounts received by the Executive under the\nregulations.\n(3) Regulations made for subsection (1) have no effect to the extent that\nthey are inconsistent with rights of the kind referred to in the Atomic\nEnergy Act 1953 (Cwth), section 35 (4) or an authority under\nsection 41 (1) of that Act.\n(4) In this section:\nmineral means a naturally occurring substance or mixture of\nsubstances.\n\nrelevant land means land in the ACT that is vested in a territory\nauthority after having been acquired by the authority under this Act.\n\n","sortOrder":110},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Notification and review of decisions","content":"Part 9A Notification and review of decisions\nPart 9A Notification and review of\ndecisions\n104AA Definitions—pt 9A\nIn this part:\ninternally reviewable decision means a decision mentioned in\nsection 59 (1), section 61A (2) or section 83 (1).\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n104AB Internal review notices\nIf the Executive makes an internally reviewable decision, the\nExecutive must give an internal review notice only to—\n(a) for section 59 (1) or section 83 (1)—the claimant; and\n(b) for section 61A (2)—the person offered compensation.\n104AC Reviewable decision notices\nIf the Executive makes a reviewable decision, the Executive must\ngive a reviewable decision notice only to each entity mentioned in\nschedule 1, column 4 in relation to the decision.\n104AD Applications for review\nAn entity mentioned in schedule 1, column 4 in relation to a\nreviewable decision may apply to the ACAT for review of the\ndecision.\n\n","sortOrder":111},{"sectionNumber":"104A","sectionType":"section","heading":"Trust account","content":"104A Trust account\nA trust account called the lands acquisition trust account shall be\nmaintained under the Financial Management Act 1996, section 51.\n","sortOrder":112},{"sectionNumber":"105","sectionType":"section","heading":"Indexation of s 51 (2) amount","content":"105 Indexation of s 51 (2) amount\n(1) In this section:\nindex number, in relation to an index year, means the all groups\nconsumer price index number, being the weighted average of the\n8 capital cities, published by the Australian statistician in respect of\nthat index year.\nindex year means a period of 12 months commencing on 1 April.\n(2) Where the factor ascertained in accordance with subsection (4) in\nrelation to a financial year is greater than 1, section 51 has effect as\nif, for the amount of $15 000 specified in section 51 (2), there were\nsubstituted, on the first day of that financial year, an amount\ncalculated by multiplying the existing amount by that factor.\n(3) For subsection (2), the existing amount is—\n(a) if, because of the operation of subsection (2), section 51 already\nhas effect as if an amount were substituted for the amount of\n$15 000 specified in section 51 (2)—the substituted amount; and\n(b) in any other case—$15 000.\n(4) The factor to be ascertained for subsection (2) in relation to a financial\nyear is the number (calculated to 3 decimal places) ascertained by\ndividing the index number for the index year that ended on the\n31 March preceding the commencement of that financial year by the\nindex number for the previous index year.\n\n(5) Where a factor ascertained under subsection (4) would, if calculated\nto 4 decimal places, end with a number greater than 4, the factor\nascertained shall be taken to be the factor calculated to 3 decimal\nplaces and increased by .001.\n(6) Subject to subsection (7), if at any time, whether before or after the\ncommencement of this Act, the Australian statistician has published\nor publishes an index number in respect of an index year in\nsubstitution for an index number previously published in respect of\nthe same index year, the publication of the later index number shall\nbe disregarded for this section.\n(7) If at any time, whether before or after the commencement of this Act,\nthe Australian statistician has changed or changes the reference base\nfor the consumer price index, then, for the purposes of the application\nof this section after the change, regard shall be had only to the index\nnumber published in terms of the new reference base.\n","sortOrder":113},{"sectionNumber":"106","sectionType":"section","heading":"General power of Supreme Court to adjust rights","content":"106 General power of Supreme Court to adjust rights\n(1) The Supreme Court may, on the application of the Executive or of\nany interested person—\n(a) determine the person or persons who, at any relevant time, held\nan interest or interests in particular land in relation to which—\n(i) a claim for compensation has been or may be made under\nthis Act; or\n(ii) an offer of compensation has been made under\nsection 61A (2) (Executive may make offer of\ncompensation where no claim is made); and\n(b) determine the nature of such an interest or interests; and\n(c) make such orders as are appropriate for declaring or adjusting\nrights or liabilities of persons in connection with the land or\ninterests in the land, or arising out of transactions in relation to,\nor mortgages over, the land or interests in the land.\n\n(2) A determination or order under subsection (1) is binding on the\napplicant, the Executive, the Commonwealth and all other persons\nwho had interests in the land and to whom notice of the application\nhas, before the commencement of the hearing, been given by the\napplicant, whether or not those other persons were represented on the\nhearing of the application.\n","sortOrder":114},{"sectionNumber":"107","sectionType":"section","heading":"Supreme Court may order stay of proceedings under","content":"107 Supreme Court may order stay of proceedings under\nmortgage\n(a) an interest in land acquired by compulsory process was,\nimmediately before the acquisition, subject to a mortgage; and\n(b) proceedings by the mortgagee were pending at that time, or are\ncommenced or proposed to be commenced after that time and\nbefore compensation has been paid in full to the mortgagor in\nrespect of the acquisition;\nthe Supreme Court may, upon the application of the mortgagor and\nsubject to such conditions as it thinks fit, order a stay of those\nproceedings or enjoin the mortgagee against commencing or\ncontinuing those proceedings and make such other orders as it thinks\nnecessary.\n(2) In this section:\nproceedings means any action to enforce the rights of the mortgagee\nunder the mortgage, whether or not the proceedings are in a court,\nincluding action with a view to taking possession of or selling an\ninterest in land or foreclosing.\n\n","sortOrder":115},{"sectionNumber":"108","sectionType":"section","heading":"Jurisdiction of Supreme Court","content":"108 Jurisdiction of Supreme Court\nJurisdiction is conferred on the Supreme Court to hear and determine\napplications and proceedings under sections 97, 106, 107 and 111 and\nthat jurisdiction is exclusive of the jurisdiction of any other court,\nother than the jurisdiction of the High Court under the\nCommonwealth Constitution, section 75.\n","sortOrder":116},{"sectionNumber":"109","sectionType":"section","heading":"Award of costs in ACAT proceeding","content":"109 Award of costs in ACAT proceeding\n(1) This section applies in relation to an ACAT proceeding on application\nunder this Act.\n(2) The ACAT may recommend to the Attorney-General that the\nExecutive should pay all or part of the costs of the applicant or anyone\nelse made a party to the proceeding.\n(3) The Attorney-General may, in accordance with a recommendation of\nthe ACAT under subsection (2), authorise the payment to a person of\nall or part of the person’s costs in relation to an ACAT proceeding.\n","sortOrder":117},{"sectionNumber":"110","sectionType":"section","heading":"Orders to obtain possession","content":"110 Orders to obtain possession\n(a) an acquiring authority holds an interest in land; and\n(b) the interest entitles the acquiring authority to possession of the\nland; and\n(c) another person (the unauthorised person) is in possession of the\nland, otherwise than under a subsisting lease or agreement, or a\nright of occupancy under section 37.\n(2) If the unauthorised person—\n(a) refuses or fails, when so required by the Executive by notice in\nwriting, to give up possession of the land to the acquiring\nauthority; or\n\n(b) hinders or obstructs an authorised person attempting to take\npossession of the land for the acquiring authority;\na court of summary jurisdiction may, on the application of the\nExecutive, make an order authorising a police officer or other person\nnamed in the order, with such assistance and force as are reasonably\nnecessary, to enter on the land and deliver up possession of the land\nto the acquiring authority.\n(3) A copy of the application under subsection (2) shall be given to the\nunauthorised person and that person is entitled to appear and be heard\non the hearing of the application.\n","sortOrder":118},{"sectionNumber":"111","sectionType":"section","heading":"Injunctions","content":"111 Injunctions\n(1) Where a person has used, or is proposing to use, land in a manner\ninconsistent with a restriction on the use of the land acquired by an\nacquiring authority under this Act, the Supreme Court may, on the\napplication of that authority, grant an injunction restraining the\nperson from using the land in that manner.\n(2) Where an application is made to the court for an injunction under this\nsection, the court may, if in the court’s opinion it is desirable to do\nso, grant an interim injunction restraining a person from engaging in\nconduct of the kind to which the application relates pending the\ndetermination of the application.\n(3) The court may discharge or vary an injunction granted under this\nsection.\n(4) The power of the court to grant an injunction restraining a person\nfrom using land in a particular manner may be exercised—\n(a) if the court is satisfied that the person has used the land in that\nmanner—whether or not it appears to the court that the person\nintends again to use the land, or to continue to use the land, in\nthat manner; or\n\n(b) if it appears to the court that, in the event that an injunction is\nnot granted, it is likely that the person will use the land in that\nmanner—whether or not the person has previously used the land\nin that manner and whether or not there is an imminent danger\nof substantial damage to any person if the firstmentioned person\nuses the land in that manner.\n(5) The powers conferred on the court by this section are in addition to,\nand not in derogation of, any other powers of the court, whether\nconferred by this Act or otherwise.\n","sortOrder":119},{"sectionNumber":"112","sectionType":"section","heading":"Payments to be good discharge","content":"112 Payments to be good discharge\nAll payments made by or on behalf of the Executive under this Act\nare good and valid discharges to the Executive and the Executive is\nnot bound to see to the application of any money paid or to the\nperformance of any trust.\n","sortOrder":120},{"sectionNumber":"113","sectionType":"section","heading":"Execution of documents for and on behalf of Executive","content":"113 Execution of documents for and on behalf of Executive\nAll instruments, receipts and documents relating to—\n(a) the acquisition of an interest in land; or\n(b) land vested, or that has been vested, in the Commonwealth\npursuant to this Act;\nmay be executed by the territory planning authority for and on behalf\nof the Executive.\n","sortOrder":121},{"sectionNumber":"114","sectionType":"section","heading":"How documents to be given","content":"114 How documents to be given\n(1) A document required or permitted by this Act to be given to the\nExecutive shall be given to the Executive by sending it by prepaid\npost to the Executive at an address prescribed for this subsection.\n\n(2) A document required or permitted by this Act to be given to a person\nby or under the authority of the Executive may be given to the\nperson—\n(a) if the person is an individual—\n(i) by delivering it to the person personally; or\n(ii) by leaving it at, or by sending it by prepaid post to, the\naddress of the place of residence or business of the person\nlast known to the Executive;\n(b) if the person is a body corporate—by leaving it at, or sending it\nby prepaid post to, the head office, a registered office or a\nprincipal office of the body corporate; or\n(c) in any case where the Executive, after diligent inquiry, is unable\nto comply with the requirements of whichever of paragraphs (a)\nand (b) is applicable—by affixing the notice or other document\nin a prominent position on the land to which the notice relates.\n","sortOrder":122},{"sectionNumber":"116","sectionType":"section","heading":"Delegation","content":"116 Delegation\n(1) Subject to subsection (2), the Executive or Minister may delegate\nfunctions under this Act to—\n(a) a public servant; or\n(b) a person who has executive authority in relation to the affairs of\na territory authority.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) The Executive may not delegate the following powers:\n(a) the power to authorise a person, or the holder or occupier of an\noffice or position, to act under section 7, 8 or 11;\n(b) the power to give a certificate under section 21 (1);\n(c) the power to make a declaration under section 33 (1);\n\n(d) the power to give a notice under section 37 (2);\n(e) the power under section 59 or 83 to reject a claim for\n(f) the power to give a notice referred to in section 110 (2) (a).\n(3) A delegate under this section is, in the exercise of a power so\ndelegated, subject to the directions of the Executive or the\nAttorney-General, as the case requires.\n","sortOrder":123},{"sectionNumber":"117","sectionType":"section","heading":"Determination of fees","content":"117 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":124},{"sectionNumber":"118","sectionType":"section","heading":"Approved forms","content":"118 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":125},{"sectionNumber":"119","sectionType":"section","heading":"Regulation-making power","content":"119 Regulation-making power\nThe Executive may make regulations for this Act.\n\nReviewable decisions Schedule 1\n","sortOrder":126},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 9A)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 37 (5) terms on which\nperson remains in\noccupation of land\nperson to remain in\noccupation of land\n2 59 (3) reject claim claimant\n3 63 (1) (c) or (3) make final offer person offered\n4 83 (3) reject claim claimant\n5 85 (1) (c) or (3) make final offer claimant\n6 102 (2) amount stated as\nmarket value\nformer owner\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Australian statistician\n• Commonwealth\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• Executive\n• exercise\n• function\n• High Court\n• land\n• reviewable decision notice\n• territory land\n• territory law\n• territory planning authority\n• the Territory\n• working day.\nacquiring authority—\n(a) for this Act generally—means any of the following:\n(i) the Executive;\n(ii) a territory authority;\n(iii) a utility; and\n(b) for part 9 (Dealings in land vested in acquiring authorities—see\nsection 97A.\naffected, in relation to a person who is affected by a pre-acquisition\ndeclaration—see section 21 (8).\n\nauthorised person—see section 4.\nauthorising document, for division 4.3 (Miscellaneous)—see\nsection 26.\nauthority does not include—\n(a) a body politic; or\n(b) an incorporated association or society; or\n(c) an incorporated company; or\n(d) a body of trustees.\ndispose includes grant or create.\ninterest—\n(a) in relation to land—\n(i) means—\n(A) any legal or equitable estate or interest in the land; or\n(B) a restriction on the use of the land, whether or not\nannexed to other land; or\n(C) any other right (including a right under an option and\na right of redemption), charge, power or privilege\nover or in connection with the land or an interest in\nthe land; and\n(ii) includes the interest of the Territory or a State in land; and\n(b) due to a mortgagee under a mortgage at a particular time, for\ndivision 6.3 (Amount of compensation—mortgage interests)—\nsee section 53 (2).\ninternally reviewable decision, for part 9A (Notification and review\nof decisions)—see section 104AA.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\n\nland means territory land.\nloss, suffered by a person, for part 7 (Compensation for exercise of\npowers under part 2 and failure to acquire)—see section 79.\nmarket value, for division 6.2 (Amount of compensation—interests\nother than mortgage interests)—see section 46.\nmoney, due to a mortgagee, for division 6.3 (Amount of\ncompensation—mortgage interests)—see section 53 (1).\nmortgage means a security over an interest in land securing the\npayment or repayment of money.\nmortgagee, in relation to a mortgage, means the person who is or was\nentitled to receive payment or repayment of the money secured by the\nmortgage interest means the interest in land of a mortgagee under a\nmortgagor, in relation to a mortgage, means the person who is or was\nthe owner of the interest in land subject to the mortgage.\nplanning instrument means an instrument made under a Territory or\nCommonwealth law that relates to town planning or use of land.\npre-acquisition declaration means a declaration under section 19 (1).\npublic purpose means a purpose in respect of which the Legislative\nAssembly or the Commonwealth Parliament has power to make laws.\nreviewable decision, for part 9A (Notification and review of\ndecisions)—see section 104AA.\nterritory authority means an authority incorporated under a territory\nlaw, but does not include a body declared by regulation not to be a\nterritory authority.\ntrust account means the trust account referred to in section 104A.\nutility—see the Utilities Act 2000, dictionary.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLands Acquisition Act 1994 A1994-42\nnotified 7 September 1994 (Gaz 1994 No S177)\ns 1, s 2 commenced 7 September 1994 (s 2 (1))\nremainder commenced 1 February 1995 (s 2 (2) and Gaz 1995\nNo S27)\nas amended by\nLand Titles (Consequential Amendments) Act 1995 A1995-54 sch\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 20 June 1996 (s 2)\nFinancial Management and Audit (Consequential and Transitional\nProvisions) Act 1996 A1996-26 sch pt 13\nnotified 1 July 1996 (Gaz 1996 No S130)\ncommenced 1 July 1996 (s 2)\nLand (Planning and Environment) (Amendment) Act (No 3) 1996\nA1996-85 pt 3 div 7\nnotified 24 December 1996 (Gaz 1996 No S345)\npt 1 (s 1, s 2) commenced 24 December 1996\nremainder commenced 24 June 1997 (s 2 (3))\nLands Acquisition Amendment Act 1999 A1999-74\nnotified 15 December 1999 (Gaz 1999 No 50)\ncommenced 15 December 1999 (s 2)\nUtilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 8\nnotified 20 December 2000 (Gaz 2000 No S68)\ns 1, s 2 commenced 20 December 2000 (IA s 10B)\nremainder commenced 1 January 2001 (s 2 (1) and Gaz 2000 No S69)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 210\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 210 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)\n\nLegislation history 3\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.10\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.10 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55 s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.54\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.54 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.20\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.20 commenced 11 July 2007 (s 2 (1))\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.18\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.18 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.61\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.61 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.47\nnotified LR 1 September 20047\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.47 commenced 22 September 2009 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.89\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.89 commenced 1 July 2011 (s 2 (1))\n\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.20\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.20 commenced 21 September 2011 (s 2 (1))\nLaw Officers Act 2011 A2011-30 sch 1 pt 1.3\nnotified LR 29 August 2011\ns 1, s 2 commenced 29 August 2011 (LA s 75 (1))\nsch 1 pt 1.3 commenced 31 August 2011 (s 2 and CN2011-9)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.13\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.13 commenced 25 November 2013 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.39\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.39 commenced 14 October 2015 (s 2)\nLands Acquisition Amendment Act 2017 A2017-23\nnotified LR 31 August 2017\ns 1, s 2 commenced 31 August 2017 (LA s 75 (1))\nremainder commenced 1 September 2017 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.38\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.38 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.51, sch 4\npt 4.106\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.51, sch 4 pt 4.106 commenced 26 November 2025\n(s 2 (3), (9))\n\nName of Act\ns 1 sub A2007-3 amdt 3.288\ns 2 om A2001-44 amdt 1.2486\nins A2007-3 amdt 3.291\nNotes\ns 3 defs reloc to dict A2007-3 amdt 3.290\nsub A2007-3 amdt 3.291\ndef acquiring authority am A2000-66 sch 1 pt 8\nom A2007-3 amdt 3.289\ndef compensation claim form om A2001-44 amdt 1.2487\ndef interest om A2007-3 amdt 3.289\ndef trust fund om A1996-26 sch pt 13\nMeaning of authorised person\ns 4 am A2000-66 sch 1 pt 8\nPowers additional to other powers\ns 5 am A2025-29 amdt 3.179\nPowers in relation to land temporarily occupied\ns 9 am A2000-66 sch 1 pt 8\nAcquisitions to be in accordance with Act\ns 18 am 1996 No. 85; A2025-29 amdt 3.173, amdt 3.179\nPre-acquisition declarations\ndiv 4.1 hdg (prev pt 4 div 1 hdg) renum R2 LA\nDeclaration that land suitable for acquisition\ns 19 am A1995-54; A2011-28 amdt 3.133\nPublication of pre-acquisition declarations\ns 20 sub A2001-44 amdt 1.2488\nam A2015-33 amdt 1.126; A2025-29 amdt 4.106\nAcquisitions where land required urgently etc\ns 21 am 1995 No. 54 sch; A2001-44 amdt 1.2489; R2 LA\n(see A2001-44 amdt 1.2490); A2011-28 amdt 3.133;\nA2015-33 amdt 1.127; A2025-29 amdt 4.106\nReconsideration of pre-acquisition declaration\ndiv 4.2 hdg (prev pt 4 div 2 hdg) renum R2 LA\nReconsideration of pre-acquisition declaration\ns 24 am A2011-28 amdt 3.133\n\nNotification of confirmation of pre-acquisition declaration etc\ns 25 sub A2001-44 amdt 1.2491\nam A2011-28 amdt 3.134; A2025-29 amdt 4.106\nMiscellaneous\ndiv 4.3 hdg (prev pt 4 div 3 hdg) renum R2 LA\nRegistration of authorising documents\ns 30 am A2011-22 amdt 1.270; A2011-28 amdt 3.135\nOwner of interest in land required to disclose existence of authorising\ndocuments\ns 31 am A2025-29 amdt 3.179\nAcquisition by agreement\ns 32 am A2011-28 amdt 3.136; A2025-29 amdt 3.174, amdt 3.179\nAcquisition by compulsory process\ns 33 am A2001-44 amdt 1.2492, amdt 12493; R2 LA (see\nA2001-44 amdt 1.2494); A2011-28 amdt 3.137; A2015-33\namdt 1.128; A2025-29 amdt 4.106\nWhen pre-acquisition declaration becomes absolute\ns 34 am A2001-44 amdt 1.2495, amdt 1.2496\nEntry into possession by acquiring authority\ns 37 am A2008-37 amdt 1.266, amdt 1.267; ss renum R7 LA\nNotification of compulsory acquisition declarations\ns 38 am A2001-44 amdt 1.2497, amdt 1.2498; A2017-23 s 4;\npars renum R14 LA\nCorrection of compulsory acquisition declarations\ns 40 am A2001-44 amdt 1.2499-1.2501; R2 LA (see A2001-44\namdt 1.2502); A2011-28 amdt 3.137; A2025-29 amdt 4.106\nRegistration of compulsory acquisition declarations\ns 41 am A2001-44 amdt 1.2503; A2011-22 amdt 1.270\nEntitlement to compensation\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R2 LA\nAmount of compensation—interests other than mortgage interests\ndiv 6.2 hdg (prev pt 6 div 2 hdg) renum R2 LA\nAmount of compensation—general principles\ns 45 am A1999-74 s 4; A2011-22 amdt 1.270; A2011-30 amdt 1.3\nMatters to be disregarded in assessing compensation\ns 50 am A1999-74 s 5; A2002-56 amdt 3.40; A2007-25 amdt 1.81,\namdt 1.82; A2023-36 amdts 1.202-1.204\nAmount of compensation—mortgage interests\ndiv 6.3 hdg (prev pt 6 div 3 hdg) renum R2 LA\n\nAmount of compensation\ns 54 am A2011-22 amdt 1.270; A2011-30 amdt 1.3\nClaims for, and offers of, compensation\ndiv 6.4 hdg (prev pt 5 div 4 hdg) renum R2 LA\nClaims for compensation\ns 56 am A2001-44 amdt 1.2504-1.2506; A2008-37 amdt 1.268;\nA2025-29 amdt 4.106\nCompensation for compulsory acquisition—Executive must accept or reject\nclaim\ns 59 sub A2008-37 amdt 1.269\nEffect of ACAT decision\ns 60 sub A2008-37 amdt 1.269\nConsequences of not seeking ACAT review of decision to reject claim\ns 61 sub A2008-37 amdt 1.269\nExecutive may make offer of compensation where no claim is made\ns 61A ins A2017-23 s 5\nCompensation for compulsory acquisition—person may accept or reject\nExecutive’s offer\ns 62 sub A2008-37 amdt 1.269; A2017-23 s 6\nCompensation for compulsory acquisition—Executive to reconsider offer\nand make final offer\ns 63 sub A2008-37 amdt 1.269\nam A2017-23 s 7, s 8\nCompensation for compulsory acquisition—person may accept or reject\nExecutive’s final offer\ns 64 hdg sub A2017-23 s 9\ns 64 sub A2008-37 amdt 1.269\nDetermination of compensation payable\ndiv 6.5 hdg (prev pt 6 div 5 hdg) renum R2 LA\nDetermination of compensation by administrative appeals tribunal\ns 67 om A2008-37 amdt 1.270\nPersons not entitled to seek determination of compensation by more than\n1 means\ns 68 am A2008-37 amdt 1.271\ndiv 6.6 hdg (prev pt 6 div 6 hdg) renum R2 LA\nAdvance payment on account of compensation\ns 70 am A2017-23 s 10\n\ns 72 am A2008-37 amdt 1.272; A2011-22 amdt 1.270; A2011-30\namdts 1.4-1.6\nPayment of compensation into trust account\ns 75 am A1996-26\nInterest payable on compensation—interests other than mortgage interests\ns 76 am A2017-23 s 11\nCourts to ensure just terms\ndiv 6.7 hdg (prev pt 6 div 7 hdg) renum R2 LA\nEntitlement to compensation\ndiv 7.1 hdg (prev pt 7 div 1 hdg) renum R2 LA\nClaims for, and offers of, compensation\ndiv 7.2 hdg (prev pt 7 div 2 hdg) renum R2 LA\nClaims for compensation\ns 82 am A2001-44 amdt 1.2507-1.2509; A2008-37 amdt 1.273;\nA2025-29 amdt 4.106\nExecutive must accept or reject claim\ns 83 sub A2008-37 amdt 1.274\nClaimant may accept or reject Executive’s offer\ns 84 sub A2008-37 amdt 1.274\nExecutive to reconsider offer and make final offer\ns 85 sub A2008-37 amdt 1.274\nClaimant may accept or reject Executive’s final offer\ns 86 sub A2008-37 amdt 1.274\nClaimant may accept or reject Executive’s final offer of compensation\ns 87 om A2008-37 amdt 1.274\nDetermination of compensation payable\ndiv 7.3 hdg (prev pt 7 div 3 hdg) renum R2 LA\nDetermination of compensation by administrative appeals tribunal\ns 89 om A2008-37 amdt 1.275\nPersons not entitled to seek determination of compensation by more than\n1 means\ns 90 am A2008-37 amdt 1.276\ndiv 7.4 hdg (prev pt 7 div 4 hdg) renum R2 LA\nPayment of compensation into trust account\ns 95 am A1996-26\n\nCompensation for acquisition by utilities\npt 7A hdg ins A2000-66 sch 1 pt 8\nApplication of pt 6 and pt 7 to compensation for acquisition by utilities\ns 96A ins A2000-66 sch 1 pt 8\nam A2008-37 amdt 1.277; A2011-30 amdt 1.7\nModification of operation of pt 7A\ns 96B ins A2000-66 sch 1 pt 8\nexp 1 January 2002 (s 96B (1))\nMeaning of acquiring authority in pt 9\ns 97A ins A2000-66 sch 1 pt 8\nDisposals to be in accordance with pt 9\ns 98 am A2025-29 amdt 3.179\nVesting of interests in territory authorities\ns 99 hdg am R17 LA\ns 99 am A2013-44 amdt 3.101; A2025-29 amdt 3.174\nInterest in land to be offered first to former owner\ns 102 am A2008-37 amdt 1.278, amdt 1.279; ss renum R7 LA\nExtinguishment of easements\ns 103 hdg sub A2001-44 amdt 1.2510\ns 103 am A2001-44 amdt 1.2511-amdt 1.2514; R2 LA\n(see A2001-44 amdt 1.2515); A2002-56 amdt 3.40; A2023-36\namdt 1.205; A2025-29 amdt 4.106\nMining etc on certain land\ns 104 am A2001-44 amdt 1.2516-amdt 1.2518; A2013-44\namdt 3.102; A2025-29 amdt 3.174, amdt 4.106\nNotification and review of decisions\npt 9A hdg ins A2008-37 amdt 1.280\nDefinitions—pt 9A\ns 104AA def internally reviewable decision ins A2008-37 amdt 1.280\nam A2017-23 s 12\ndef reviewable decision ins A2008-37 amdt 1.280\nInternal review notices\ns 104AB ins A2008-37 amdt 1.280\nsub A2017-23 s 13\nReviewable decision notices\ns 104AC ins A2008-37 amdt 1.280\n\nApplications for review\ns 104AD ins A2008-37 amdt 1.280\nTrust account\ns 104A ins A1996-26 sch pt 13\nGeneral power of Supreme Court to adjust rights\ns 106 am A2017-23 s 14\nAward of costs in ACAT proceeding\ns 109 sub A2008-37 amdt 1.281\nExecution of documents for and on behalf of Executive\ns 113 am A2002-56 amdt 3.40; A2023-36 amdt 1.205\nHow documents to be given\ns 114 am A2013-44 amdt 3.103\nNotice of signatures\ns 115 om A2002-56 amdt 3.39\nDelegation\ns 116 am A2006-3 amdt 3.292; A2025-29 amdt 3.174\nDetermination of fees\ns 117 sub A2001-44 amdt 1.2519\nam A2011-28 amdt 3.137; A2025-29 amdt 4.106\nApproved forms\ns 118 ins A2001-44 amdt 1.2519\nam A2011-28 amdt 3.137; A2025-29 amdt 4.106\nRegulation-making power\ns 119 ins A2001-44 amdt 1.2519\nTransitional\npt 15 hdg ins A2017-23 s 15\nMeaning of commencement day—pt 15\ns 200 ins A2017-23 s 15\nCompulsory acquisition before commencement day\ns 201 ins A2017-23 s 15\nExpiry—pt 15\ns 202 ins A2017-23 s 15\n\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.282\nam A2017-23 s 16\ndict ins A2007-3 amdt 3.293\nam A2008-37 amdt 1.283, amdt 1.284; A2009-20 amdt 3.113;\nA2011-22 amdt 1.271; A2011-28 amdt 3.138; A2013-44\namdt 3.104; A2015-33 amdt 1.129; A2023-36 amdt 1.206;\nA2025-29 amdt 3.175, amdt 3.176\ndef acquiring authority ins A2007-3 amdt 3.293\nsub A2007-16 amdt 3.73\ndef affected ins A2007-3 amdt 3.293\ndef authorised person reloc from s 3 A2007-3 amdt 3.290\ndef authorising document ins A2007-3 amdt 3.293\ndef authority reloc from s 3 A2007-3 amdt 3.290\ndef dispose reloc from s 3 A2007-3 amdt 3.290\ndef interest ins A2007-3 amdt 3.293\ndef internally reviewable decision ins A2008-37 amdt 1.285\ndef internal review notice ins A2008-37 amdt 1.285\ndef land reloc from s 3 A2007-3 amdt 3.290\nam A2025-29 amdt 3.177\ndef loss ins A2007-3 amdt 3.293\ndef market value ins A2007-3 amdt 3.293\ndef money ins A2007-3 amdt 3.293\ndef mortgage reloc from s 3 A2007-3 amdt 3.290\ndef mortgagee reloc from s 3 A2007-3 amdt 3.290\ndef mortgage interest reloc from s 3 A2007-3 amdt 3.290\ndef mortgagor reloc from s 3 A2007-3 amdt 3.290\ndef newspaper reloc from s 3 A2007-3 amdt 3.290\nom A2009-20 amdt 3.114\ndef planning instrument reloc from s 3 A2007-3 amdt 3.290\ndef pre-acquisition declaration reloc from s 3 A2007-3\namdt 3.290\ndef public park reloc from s 3 A2007-3 amdt 3.290\nom A2011-28 amdt 3.139\ndef public purpose reloc from s 3 A2007-3 amdt 3.290\ndef reviewable decision ins A2008-37 amdt 1.285\ndef territory authority reloc from s 3 A2007-3 amdt 3.290\nsub A2025-29 amdt 3.178\ndef trust account ins A1996-26 sch pt 13\nreloc from s 3 A2007-3 amdt 3.290\ndef utility ins A2000-66 sch 1 pt 8\nreloc from s 3 A2007-3 amdt 3.290\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\nR0A\n20 June 1996–\nA1995-54 amendments by\nA1995-54\nR0B\n1 July 1996–\nA1996-26 amendments by\nA1996-26\nR1 (RI)\n31 Dec 1997–\n14 Dec 1999\nA1996-85 amendments by\nA1996-85\nreissue of printed\nversion\nR1A\n15 Dec 1999–\n31 Dec 2000\nA1999-74 amendments by\nA1999-74\nR1B\n1 Jan 2001–\n11 Sept 2001\nA2000-66 amendments by\nA2000-66\n11 Jan 2002\n12 Sept 2001–\nA2001-44 amendments by\nA2001-44\n1 July 2003–\n11 Apr 2007\nA2002-56 amendments by\nA2002-56\n12 Apr 2007\n12 Apr 2007–\nA2007-3 amendments by\nA2007-3\n11 July 2007–\n30 Mar 2008\nA2007-16 amendments by\nA2007-16\n31 Mar 2008\n31 Mar 2008–\n1 Feb 2009\nA2007-25 amendments by\nA2007-25\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-37 amendments by\nA2008-37\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\n22 Sept 2009\n22 Sept 2009–\nA2009-20 amendments by\nA2009-20\n1 July 2011–\n30 Aug 2011\nA2011-22 amendments by\nA2011-22\n31 Aug 2011\n31 Aug 2011–\n20 Sept 2011\nA2011-30 amendments by\nA2011-30\n21 Sept 2011\n21 Sept 2011–\n24 Nov 2013\nA2011-30 amendments by\nA2011-28\n25 Nov 2013\n25 Nov 2013–\n13 Oct 2015\nA2013-44 amendments by\nA2013-44\n14 Oct 2015\n14 Oct 2015–\n31 Aug 2017\nA2015-33 amendments by\nA2015-33\n1 Sept 2017\n1 Sept 2017–\n1 Sept 2021\nA2017-23 amendments by\nA2017-23\n2 Sept 2021\n2 Sept 2021–\n26 Nov 2023\nA2017-23 expiry of\ntransitional\nprovisions (pt 15)\n27 Nov 2023\n27 Nov 2023–\n25 Nov 2025\nA2023-36 amendments by\nA2023-36\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":127}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, as republished, extends and refines the original acquisition framework. Notable scope changes include explicit application to utilities with tailored modifications (s96A), added internal-review and reviewable-decision structures (pt 9A s104AA–104AD), and strengthened procedural and notification layers (s20, s30, s38, s41). The Executive’s ability to certify urgent acquisitions (s21) and the detailed disposal and former-owner offer rules (pt 9 s98–s102) broaden executive discretion and the Act’s operational reach compared with a simple land‑acquisition statute."},"complexity_factors":["Multiple acquisition routes with distinct procedures and triggers (acquisition by agreement s32; compulsory acquisition s33; pre-acquisition declarations s19; urgency certificates s21).","Layered notification, registration and timing rules that create strict procedural deadlines (publication and registrar notifications s20, s30, s38, s41; reconsideration and absolute declaration timelines s23–s25, s34).","Detailed compensation regime with different valuation principles, special rules and offsets (general principles and market value s45–s46; special rules for potential use s47; relocation/house purchase top-up s51).","Separate mortgage-interest framework requiring particular calculations, information duties and possible waivers (mortgage compensation rules s53–s55; mortgagee waiver and deemed waiver s43).","Sequential offer, reconsideration and review process for compensation with internal review and ACAT remedies (claims and offers s56–s64; internal/reviewable decision framework pt 9A s104AA–104AD).","Interest, advance, trust account and repayment mechanisms affecting cashflow and recovery (advances s70, s91; trust account s75, s95; interest on compensation s76–s77; recovery of excess advances s73, s93).","Significant Executive discretions that alter incentives and implementation risk (power to certify urgency s21; power to declare compulsory acquisition s33; powers not delegable s116 (2)).","Interactions and exceptions with other territory laws and authorities, including utilities and planning instruments (application to utilities s96A; planning restriction adjustments s49–s50; disposals and former-owner offer obligations s98–s102).","Technical valuation formulas and adjustments (net acquisition cost formula and components s48(3); indexation mechanism for dwelling amount s105).","Multiple enforcement and court remedies (Supreme Court powers to approve acts by persons with limited capacity s97; courts to ensure just terms s78; injunctions and possession orders s110–s111)."],"plain_english_summary":"This Act gives the Executive and certain authorised authorities legal powers to enter, inspect, temporarily occupy and acquire interests in territory land either by agreement or compulsorily, and sets out how compensation is calculated, offered and paid. It affects landowners, mortgagees, acquiring authorities (including utilities in many cases), and courts. The Executive decides when to declare land for acquisition or certify urgency, and the Act creates timelines, notice, review and payment procedures that determine who pays, how much, and the remedies available to affected parties."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":950},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The 2025 amendments (A2025-29) are minor technical updates including modernised notification methods (website publication) and updated references to the Planning Act 2023. No significant expansion of scope is evident."},"complexity_factors":["Multiple acquisition pathways (agreement, compulsory, temporary occupation, urgent certificate) with different procedural requirements","Extensive cross-referencing between Parts 2-7, especially for compensation calculations","Detailed compensation formulas in sections 45-55 including special rules for mortgages, dwellings, planning restrictions, and 'no general market' scenarios","Strict time limits throughout (14 days notice, 28 days for reconsideration, 3 years for claims, 42 days for decisions)","Nested definitions and signpost definitions in the Dictionary requiring navigation across the Act","Interaction with other ACT laws (Utilities Act 2000, Planning Act 2023, Legislation Act 2001, ACT Civil and Administrative Tribunal Act 2008)","Multiple review mechanisms (internal review, ACAT, Supreme Court) with different triggers","Conditional logic for when pre-acquisition declarations are/aren't required (sections 16, 17, 21, 32, 33)","Complex mortgage compensation calculations in Division 6.3 with priority rules between multiple mortgagees","Former owner buy-back rights in section 102 with multiple time triggers and ACAT involvement"],"plain_english_summary":"The Lands Acquisition Act 1994 sets how the ACT Government and certain authorities can temporarily enter, negotiate to buy, or compulsorily acquire private land for public purposes. It requires pre‑acquisition declarations, offers internal review, and pays “just terms” compensation (market value, disturbance, severance, mortgage priorities, minimum homeowner relief), with urgent‑acquisition exceptions. Acquired land can be resold with a right of first refusal for former owners. It affects property owners, mortgagees and utilities — balancing individual property rights with the Territory’s need to deliver public infrastructure."}},"importantCases":[],"_links":{"self":"/api/acts/lands-acquisition-act-1994","history":"/api/acts/lands-acquisition-act-1994/history","analysis":"/api/acts/lands-acquisition-act-1994/analysis","conflicts":"/api/acts/lands-acquisition-act-1994/conflicts","importantCases":"/api/acts/lands-acquisition-act-1994/important-cases","documents":"/api/acts/lands-acquisition-act-1994/documents"}}