{"id":"a-1929-1","name":"Recovery of Lands Act 1929","slug":"recovery-of-lands-act-1929","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"1 of 1929","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24194,"registerId":"act-a-1929-1-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Recovery of Lands Act 1929","content":"Australian Capital Territory\nRecovery of Lands Act 1929 No 1\nRepublication No 3\nRepublication date: 13 September 2002\nLast amendment made by Act 2001 No 44\nAmendments incorporated to 13 September 2002\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Recovery of Lands Act 1929 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 13 September\n2002. It also includes any amendment, repeal or expiry affecting the republished law to 13\nSeptember 2002.\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n13 September 2002\nAustralian Capital Territory\nRecovery of Lands Act 1929\nContents\nPage\n1 Name of Act 2\n2 Application of Act 2\n3 Method of determining leases 2\n4 Warrant of ejectment 2\n5 Notice of intention to apply for a warrant of ejectment 3\n6 Incorporation of intention to apply for warrant with notice of\ndetermination 3\n7 Notice to be left with registrar of court 3\n8 Service of notice 3\n9 Proof of service of notice 4\n10 Notice by Territory or Minister 4\n11 Certificate of Minister about determination of lease to be evidence 4\n12 Approved forms 4\n\nContents\nPage\ncontents 2 Recovery of Lands Act 1929 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes 5\n2 Abbreviation key 5\n3 Legislation history 6\n4 Amendment history 7\n5 Earlier republications 8\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n13 September 2002\nAustralian Capital Territory\nRecovery of Lands Act 1929\nAn Act to provide for the recovery of possession of lands on the\ndetermination of leases\n\nSection 1\npage 2 Recovery of Lands Act 1929 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Recovery of Lands Act 1929.\n2 Application of Act\n(1) This Act applies only in relation to Territory land.\n(2) This Act does not apply to a residential tenancy agreement\nwithin the meaning of the Residential Tenancies Act 1997 to\nwhich that Act applies.\n3 Method of determining leases\nIf the Territory on behalf of the Commonwealth may because of\nany law or because of any provision contained in a lease\ndetermine a lease, or if the Territory on behalf of the\nCommonwealth has a right of re-entry or forfeiture under any\nproviso or stipulation in a lease for a breach of any covenant or\ncondition in a lease, the Territory on behalf of the\nCommonwealth may determine the lease by written notice, in\naccordance with form 1, served on the lessee, stating that the\nlease has been determined and requiring the lessee to give up\npossession of the land to the Territory.\n4 Warrant of ejectment\nIf, after a lease has been determined under section 3 or\notherwise, the lessee or any person apparently in occupation or\npossession of the land fails to give up possession of it to the\nTerritory within the time within which in the notice determining\nthe lease, or, if the lease has been otherwise determined, in a\nnotice in accordance with form 2, served on the lessee, the\nlessee is required to give up possession of the land, a magistrate\nsitting as the Magistrates Court, may, on the application of the\nMinister, or of any person acting in that behalf for the Minister,\nif in his opinion the lease has been lawfully determined, issue a\nwarrant, in accordance with form 3, authorising any police\nofficer, within a period of not more than 30 days after the date\n\nSection 5\nR3 Recovery of Lands Act 1929 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nof the warrant, to enter on the land by force and with the\nassistance that is necessary and give possession of it to the\nTerritory.\n5 Notice of intention to apply for a warrant of ejectment\nNotice, in accordance with form 4, of the intention of the\nMinister or of any person acting in that behalf for the Minister,\nto make an application for a warrant under section 4, shall be\nserved on the lessee not less than 7 days before the time stated\nin the notice as the time when the application may be made.\n6 Incorporation of intention to apply for warrant with\nnotice of determination\nThe notice of intention to make an application for a warrant may\nbe incorporated with the notice of determination of the lease, or\nthe notice requiring the lessee to give up possession of the land.\n7 Notice to be left with registrar of court\nThe notice of the intention of the Minister to make an\napplication for a warrant or a copy of it, with an affidavit of\nservice, in accordance with form 5 duly completed endorsed on\nit, shall be left with the registrar of the court before the date\nwhen the application is to be made, and the application shall be\nincluded in the list of matters to be dealt with by the court on\nthat day.\n8 Service of notice\nService of any notice under this Act shall be deemed to have\nbeen duly effected if the notice or a true copy of it is—\n(a) given to the lessee personally; or\n(b) given to a person apparently over 16 years old, on, and\napparently an occupant of, the land the subject of the lease;\nor\n\nSection 9\npage 4 Recovery of Lands Act 1929 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) attached in a prominent position on the land the subject of\nthe lease; or\n(d) posted by prepaid registered post addressed to the lessee at\nhis last-known place of abode.\n9 Proof of service of notice\nService of any notice under this Act may be proved by affidavit\nendorsed on the notice or a copy of it.\n10 Notice by Territory or Minister\nAny notice that may be given by the Territory on behalf of the\nCommonwealth or by the Minister under this Act shall be\ndeemed to be a notice by the Territory on behalf of the\nCommonwealth or by the Minister if it is signed for and on\nbehalf of the Territory or the Minister.\n11 Certificate of Minister about determination of lease to\nbe evidence\nA certificate signed by the Minister, or any person the Minister\ndirects, stating that a lease has been determined shall be\nevidence of the determination of the lease.\n12 Approved forms\n(1) The Minister may, in writing, approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the\napproved form must be used for that purpose.\nNote For other provisions about forms, see Legislation Act 2001, s 255.\n(3) An approved form is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act\n2001.\n(4) In this Act, a reference to a form by a number is a reference to\nan approved form identified with the number.\n\nEndnotes\nAbout the endnotes 1\nR3 Recovery of Lands Act 1929 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\nrepublished law but are set out in the last endnote.\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.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nIA = Interpretation Act 1967 reloc = relocated\nins = inserted/added R[X] = Republication No\nLA = Legislation Act 2001 s = section/subsection\nLR = legislation register sch = schedule\nLRA = Legislation (Republication) Act 1996 sdiv = subdivision\nmod = modified / modification sub = substituted\nNo = number SL = Subordinate Law\nnum = numbered underlining = whole or part not commenced\no = order or to be expired\nom = omitted/repealed\n\nEndnotes\n3 Legislation history\npage 6 Recovery of Lands Act 1929 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Recovery of Lands\nOrdinance 1929 No 1 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth),\ns 34 (4) converted most former Commonwealth ordinances in force in the\nACT into ACT enactments. This allowed the ACT Legislative Assembly to\namend and repeal the laws. This Act was converted into an ACT enactment\non 11 May 1989 (self-government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989\nA1989-21, s 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nLegislation before becoming Territory enactment\nRecovery of Lands Act 1929 A1929-1\nnotified 14 February 1929\ncommenced 14 February 1929\nas amended by\nRecovery of Lands Ordinance 1930 Ord1930-3\nnotified 27 March 1930\ncommenced 27 March 1930\nSeat of Government (Administration) Ordinance 1930 Ord1930-5\nnotified 1 May 1930\ncommenced 1 May 1930\nOrdinances Revision Ordinance 1937 Ord1937-27\nnotified 23 December 1937\ncommenced 23 December 1937\nSeat of Government (Designation) Ordinance 1938 Ord1938-25\n(as am by Ordinances Revision Ordinance 1938 Ord1938-35 as\nam by Ordinances Revision Ordinance 1959 Ord1959-21 )\nnotified 8 September 1938\ncommenced 8 September 1938\n\nEndnotes\nAmendment history 4\nR3 Recovery of Lands Act 1929 page 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMagistrates Court Ordinance 1985 Ord1985-67 sch pt 2\nnotified 19 December 1985\ncommenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 pt 2 and sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\npt 2 and sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth\nGaz 1989 No S164)\nLegislation after becoming Territory enactment\nMagistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44\nsch 1\nnotified 20 September 1991 (Gaz 1991 No S95)\ns 1, s 2 commenced 20 September 1991 (s 2 (1))\nsch 1 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No\nS103)\nResidential Tenancies (Consequential Provisions) Act 1998\nA1998-4\nnotified 25 May 1998 (Gaz 1998 No S150)\ncommenced 25 May 1998 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt\n324\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 324 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\n4 Amendment history\nName of Act\ns 1 hdg am R2 LA\ns 1 am R2 LA\nApplication\ns 2 om Ord1930-5\nins Ord1989-38\nam A1998-4\n\nEndnotes\n5 Earlier republications\npage 8 Recovery of Lands Act 1929 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMethod of determining leases\ns 3 am Ord1930-5; Ord1937-27; Ord1989-38; A2001-44\namdt 1.3585\nWarrant of ejectment\ns 4 am Ord1930-5; Ord1985-67; Ord1989-38; A2001-44\namdt 1.3585\nNotice of intention to apply for a warrant of ejectment\ns 5 am Ord1937-27; A2001-44 amdt 1.3585\nNotice to be left with Registrar of Court\ns 7 am Ord1937-27; A1991-44; A2001-44 amdt 1.3585\nNotice by Territory or Minister\ns 10 am Ord1937-27; Ord1989-38\nCertificate of Minister about determination of lease to be evidence\ns 11 am Ord1937-27\nApproved forms\ns 12 ins A2001-44 amdt 1.3586\n(5)-(8) exp 12 September 2002 (s 12 (8))\nMethod of determining leases\nsch am Ord1930-3; Ord1937-27; Ord1985-67; Ord1989-38\nom A2001-44 amdt 1.3587\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1\nrefers to the publication order.\nSince 12 September 2001 every authorised republication has been published\nin electronic pdf format on the ACT legislation register. A selection of\nauthorised republications have also been published in printed format. These\nrepublications are marked with an asterisk (*) in column 1. Except for the\nfooter, electronic and printed versions of an authorised republication are\nidentical.\nRepublication No Amendments to Republication date\n1 A1991-44 31 October 1991\n2 A2001-44 17 July 2002\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing a statutory mechanism for the Territory to recover possession of land upon determination of a lease. While it has been amended over time (notably to exclude residential tenancies when the Residential Tenancies Act 1997 commenced, and to update court references and form approval processes), these changes have refined rather than expanded the scope. The core function—warrant-based ejectment for Territory land leases—remains unchanged since 1929."},"complexity_factors":["Very short statute—only 12 sections spanning 4 pages of substantive content","Minimal defined terms (only 'notifiable instrument' referenced via the Legislation Act)","Linear procedural structure with no nested exceptions or complex conditional logic","Simple cross-references limited to internal section references (ss 3, 4, 5) and one external reference to the Residential Tenancies Act 1997","Straightforward administrative process: notice → determination → warrant → ejectment","No schedules or complex formulae; forms are referenced by number but not included in the text","Single clear exclusion (residential tenancies) rather than multiple conditional carve-outs"],"plain_english_summary":"This law lets the ACT Government swiftly recover Territory-owned land when a lease ends or is validly cancelled, by serving notice and obtaining a Magistrates Court warrant to eject lessees and occupants. It requires minimum notice and court oversight before police can enforce the warrant.\n\nIt affects Territory lessees and occupants (but not residential tenancies under the Residential Tenancies Act 1997) and matters because it streamlines land recovery while keeping basic procedural safeguards."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original, narrow purpose: a statutory process to recover possession of Territory land when a lease is lawfully determined. Later amendments and conversions (self-government transition, Magistrates Court alignment, addition of approved forms and the explicit exclusion of residential tenancies) have modernised and narrowed procedural application but have not expanded the Act’s substantive scope beyond that original objective. Changes are procedural and contextual rather than a substantial broadening of subject matter."},"complexity_factors":["Short statute with 12 sections — limited length and coverage","Few cross-references (notably to the Residential Tenancies Act 1997 and Magistrates Court procedures)","Procedural conditionality (e.g. requirement to serve notice, minimum 7 days notice before application — s 5; magistrate discretion to issue warrant if lease lawfully determined — s 4)","Use of approved forms and notifiable instruments (s 12) adds dependence on external instruments","Ministerial certificate treated as evidence (s 11) shifts evidentiary posture and creates a single-point evidentiary device","Multiple methods of service with statutory deeming and affidavit proof (ss 8–9) — simple but requires compliance","Limited exceptions (explicit exclusion of residential tenancy agreements — s 2(2))"],"plain_english_summary":"**What this law does (mechanics)\n\n- Gives the Territory (acting on behalf of the Commonwealth) a short statutory process to end a lease of Territory land and take back possession when the lease can lawfully be determined (ended) under the lease or other law (s 3).\n- Requires the Territory to give the lessee written notice that the lease has been determined and to require the lessee to give up possession (s 3). The notice must follow an approved form (s 12).\n- If the lessee or any occupant does not vacate in the time stated, the Minister (or a person acting for the Minister) may apply to the Magistrates Court for a warrant of ejectment. A magistrate may issue a warrant authorising police to enter (with force and necessary assistance) and deliver possession to the Territory within 30 days of the warrant (s 4).\n- The Minister must give the lessee notice of the intention to seek a warrant at least 7 days before the application (s 5); that intention notice may be combined with the notice determining the lease (s 6). A copy of the intention notice and an affidavit of service must be left with the court registrar before the application (s 7).\n- The Act sets acceptable ways to serve the notices (personal service, to an occupant over 16, attachment to the land, or prepaid registered post to the lessee’s last-known abode) and allows proof of service by affidavit (ss 8–9).\n- A certificate signed by the Minister or a person the Minister directs stating that the lease has been determined is admissible as evidence of determination (s 11). Approved forms are mandatory and are notifiable instruments (s 12).\n\nWho it affects and who decides\n\n- Who it affects: lessees of Territory land whose leases can be determined under the lease or law (s 2(1); s 3). It explicitly does not apply to residential tenancy agreements governed by the Residential Tenancies Act 1997 (s 2(2)).\n- Who decides: the Territory (acting for the Commonwealth) or the Minister decides to determine the lease and to apply for a warrant (s 3; s 4). A magistrate exercises judicial discretion whether to issue a warrant, on application (s 4).\n- Who enforces: police execute a magistrate’s warrant and may enter by force if necessary (s 4).\n\nWhy it matters (stated purpose and practical effects)\n\n- The stated purpose (in the Act’s long title and operation) is to provide a legal procedure for the Territory to recover possession of land after a lease has been lawfully determined. That purpose is implemented by specifying how the lease is determined (s 3), the notices to be given (ss 5–9), and the judicial step and remedy to enforce possession (s 4).\n\nTesting the stated purpose against costs, incentives and implementation mechanics\n\n- Costs and who pays: the lessee (and any occupants) bear the loss of possession and the disruption of eviction. The Territory bears the administrative cost of preparing notices, filing with the court, and seeking and executing a warrant (see ss 3–7). If wrongful determination occurs, the Act does not itself set compensation mechanisms; civil remedies outside this Act would govern disputes.\n- Incentives and behaviour changes: the Act provides a relatively streamlined path for the Territory to recover land where a lease allows determination or re-entry. That creates an incentive for the Territory to use this statutory procedure rather than purely negotiated means. Lessees face an incentive to respond promptly to notices and litigate the lawfulness of determination early (magistrate must be satisfied the lease was lawfully determined—s 4).\n- Trade-offs and opportunity costs: the Act trades additional administrative power and an expedited enforcement route for lessees against the legal protections available under other tenancy or property regimes. It narrows scope away from residential tenancy agreements (s 2(2)), so residential tenants keep protections under the Residential Tenancies Act 1997.\n- Bureaucratic discretion and evidentiary tilt: the Minister controls whether to issue notices and apply for warrants (ss 3–7). Section 11 makes a ministerial certificate evidence that a lease has been determined, which reduces proof burdens for the Territory at the initial stage (s 11), although the magistrate still assesses lawfulness before issuing a warrant (s 4).\n- Compliance burden and procedural risk: the Act prescribes specific service methods (s 8), the requirement to lodge a copy and affidavit with the registrar (s 7), and minimum lead time before application (s 5). Mistakes in service, filing or form use (s 12) can create procedural grounds for delay or challenge.\n- Effects on private enterprise and property rights: the Act affects commercial and non-residential lessees of Territory land by shortening and formalising the path to repossession; that can affect the security of tenure that investors or businesses rely on. Because the Act excludes residential tenancy agreements, it leaves consumer housing tenancies to the Residential Tenancies Act (s 2(2)).\n- Concentrated benefits and diffuse costs: benefits (recovered possession for the Territory) are concentrated; costs (displacement, potential business interruption, relocation costs) are borne by the lessee and any occupants and may be dispersed.\n- Litigation and unintended consequences: use of ministerial certificates and the short enforcement window (30 days for police execution—s 4) can prompt disputes about whether a determination was lawful, potentially generating collateral litigation over title, process or damages.\n\nKey procedural citations: s 2 (application/exclusion), s 3 (how lease is determined), ss 4–7 (warrant, notices, filing), ss 8–9 (service and proof), s 11 (ministerial certificate), s 12 (approved forms).\n\nPractical takeaway\n\n- If you hold a lease of Territory land (other than a residential tenancy), this Act provides the Territory with a clear, legislated route to terminate the lease and obtain a court‑issued warrant for repossession. Lessees should watch for the specified notices, ensure proper service records, and be prepared to contest the lawfulness of any determination quickly before the Magistrates Court (see ss 3–9). The Minister’s certificate is treated as evidence of determination (s 11), but a magistrate must be satisfied that the determination was lawful before issuing a warrant (s 4)."}},"importantCases":[],"_links":{"self":"/api/acts/recovery-of-lands-act-1929","history":"/api/acts/recovery-of-lands-act-1929/history","analysis":"/api/acts/recovery-of-lands-act-1929/analysis","conflicts":"/api/acts/recovery-of-lands-act-1929/conflicts","importantCases":"/api/acts/recovery-of-lands-act-1929/important-cases","documents":"/api/acts/recovery-of-lands-act-1929/documents"}}