Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Government Agencies (Land
Acquisition Reporting) Act 2018
A2018-44
Republication No 7
Effective: 27 November 2023
Republication date: 27 November 2023
Last amendment made by A2023-36
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Government Agencies (Land Acquisition Reporting) Act 2018
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 27 November 2023. It also includes any commencement, amendment, repeal or
expiry affecting this republished law to 27 November 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
R7
27/11/23
Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Government Agencies (Land
Acquisition Reporting) Act 2018
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
Part 2 Important concepts
5 Meaning of government agency 3
6 Who is a responsible Minister? 3
7 Meaning of land acquisition 4
Contents
Page
contents 2 Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
R7
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 3 Reporting requirements
8 Publication of reports about land acquisitions etc 6
9 Report about acquisition of land 6
10 Certain information must not be included in reports 9
Part 4 Miscellaneous
11 Relationship to other laws 11
12 Regulation-making power 11
Dictionary 12
Endnotes
1 About the endnotes 13
2 Abbreviation key 13
3 Legislation history 14
4 Amendment history 15
5 Earlier republications 16
6 Expired transitional or validating provisions 17
R7
27/11/23
Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
page 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Government Agencies (Land
Acquisition Reporting) Act 2018
An Act about reports about land acquired by government agencies, and for other
purposes
Part 1 Preliminary
Section 1
page 2 Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
R7
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 1 Preliminary
1 Name of Act
This Act is the Government Agencies (Land Acquisition Reporting)
Act 2018.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘government agency—see
section 5.’ means that the term ‘government agency’ is defined in that
section and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Important concepts Part 2
Section 5
R7
27/11/23
Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2 Important concepts
5 Meaning of government agency
(1) In this Act:
government agency means—
(a) an administrative unit; or
(b) a public sector body; or
(c) a territory authority; or
(d) a territory instrumentality; or
(e) a territory-owned corporation.
(2) However, government agency does not include the University of
Canberra.
6 Who is a responsible Minister?
In this Act:
responsible Minister, for a government agency, means—
(a) for an administrative unit—the Minister allocated responsibility
for the administrative unit under the Public Sector Management
Act 1994, section 14 (1) (a); and
(b) for a public sector body—the Minister allocated responsibility
for the Act under which the body is established under the
administrative arrangements under the Public Sector
Management Act 1994, section 14 (1) (b); and
Part 2 Important concepts
Section 7
page 4 Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
R7
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(c) for a territory authority—the Minister allocated responsibility
for the Act under which the authority is established under the
administrative arrangements under the Public Sector
Management Act 1994, section 14 (1) (b); and
(d) for a territory instrumentality—the Minister declared as the
responsible Minister for the territory instrumentality’s annual
report under the Annual Reports (Government Agencies)
Act 2004, section 12; and
(e) for a territory-owned corporation—the Chief Minister.
7 Meaning of land acquisition
(1) In this Act:
land acquisition—
(a) means an acquisition of land by a government agency; and
(b) includes—
(i) an acquisition under the Lands Acquisition Act 1994; or
(ii) a surrender of a lease, or part of the land described in a
lease, under the Planning Act 2023, section 363, whether
or not the acquiring government agency agreed to accept
the surrender; or
(iii) the withdrawal of land from a lease under the terms of the
lease; or
(iv) a termination of a lease under the Planning Act 2023,
section 457; or
(v) any other acquisition of land by a government agency
required under a territory law; or
(vi) an acquisition prescribed by regulation.
Important concepts Part 2
Section 7
R7
27/11/23
Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) However, land acquisition does not include—
(a) an acquisition of land by a government agency from another
government agency; or
(b) an acquisition prescribed by regulation.
Example—par (a)
as a result of a change to the functions of an administrative unit made under the
Public Sector Management Act 1994, s 14
(3) In this section:
declared land sublease—see the Planning Act 2023, section 365 (1).
land—
(a) means the legal or equitable estate in land in the ACT or
elsewhere; and
(b) includes—
(i) unleased territory land; and
(ii) an easement other than an easement prescribed by
regulation; and
(iii) anything prescribed by regulation; but
(c) unless otherwise stated by regulation, does not include—
(i) a sublease of a lease other than a declared land sublease; or
(ii) any other tenancy or occupancy right; or
(iii) any other incorporeal right.
Note An incorporeal right is an intangible right attached to land,
and in addition to easements, includes rents, tithes and profit
à prendre.
lease—see the Planning Act 2023, section 257.
Part 3 Reporting requirements
Section 8
page 6 Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
R7
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 3 Reporting requirements
8 Publication of reports about land acquisitions etc
(1) As soon as practicable after the end of each quarter, the responsible
Minister for a government agency must publish on an ACT
government website—
(a) if the government agency made a land acquisition in the
quarter—a report about the acquisition that includes the matters
mentioned in section 9; and
(b) if the City Renewal Authority made no land acquisitions in the
quarter—a statement to that effect; and
(c) if the Suburban Land Agency made no land acquisitions in the
quarter—a statement to that effect.
(2) After a report mentioned in subsection (1) (a) about a land acquisition
is published, the responsible Minister must give the relevant
Assembly committee a copy of the report.
(3) In this section:
relevant Assembly committee means a standing committee of the
Legislative Assembly nominated, in writing, by the Speaker for
subsection (2).
9 Report about acquisition of land
(1) A report about a land acquisition by a government agency must—
(a) identify—
(i) the particulars of the land that was acquired; and
(ii) the government agency that acquired the land; and
(iii) from whom the land was acquired; and
(b) describe the way in which the acquisition was made; and
Reporting requirements Part 3
Section 9
R7
27/11/23
Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(c) state—
(i) the compensation paid or payable for the land; and
(ii) any other amount paid or payable in relation to the
acquisition; and
(d) for a defined land acquisition, include—
(i) any valuation given to the acquiring government agency by
the person from whom the land was acquired; and
(ii) any other valuation considered by the acquiring
government agency; and
(e) for a defined land acquisition, state—
(i) whether the acquisition was—
(A) approved by the Executive, a stated Minister or a
public servant; or
(B) agreed by Cabinet; or
(ii) if the acquisition was approved by a public servant—the
position of the public servant; and
(iii) the date the acquisition was approved or agreed; and
(f) for a defined land acquisition, include a short statement about the
following:
(i) the reason why the land was acquired including the
proposed and potential short and long term use and
development of the land;
(ii) how the proposed use and development of the land is
consistent with the territory plan;
(iii) how the acquisition is in the public interest;
(iv) how the acquisition is consistent with the functions of the
acquiring government agency;
Part 3 Reporting requirements
Section 9
page 8 Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
R7
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(v) if relevant, how the proposed use and development of the
land supports the principle of environmental sustainability;
(vi) if the acquiring government agency has a statement of
intent—how the acquisition is consistent with the agency’s
statement of intent, or other relevant forecasts, for the year;
(vii) how the acquisition represents value for money taking into
account the particulars of the land, any valuation, the
proposed and potential short and long term use and
development of the land, relevant policies and programs of
the acquiring government agency or the Territory; and
(g) include anything prescribed by regulation.
(2) For an acquisition made under the Lands Acquisition Act 1994, if the
amount paid or payable is not known at the end of the quarter the
report—
(a) must state that the information is not yet known and that the
report will be updated when the information is known; and
(b) must be updated to include the amount paid or payable as soon
as practicable after the amount is known.
(3) A report may include any other information the responsible Minister
considers relevant.
Example
information from a business case or risk assessment
(4) In this section:
defined land acquisition means a land acquisition other than an
acquisition mentioned in section 7 (1) (b) (ii) to (vi).
Reporting requirements Part 3
Section 10
R7
27/11/23
Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
10 Certain information must not be included in reports
(1) This section applies to a report under section 8 (1) (a) about a land
acquisition by a government agency.
(2) For an acquisition of land from an individual, the individual’s name
must not be included in the report, and must be removed from any
document attached to the report.
(3) For—
(a) an acquisition of land to be developed or used as—
(i) a housing assistance property; or
(ii) a facility to provide a service for community health or
safety, if the Minister has declared, in writing, that
disclosure of identifying particulars would risk an adverse
impact on the privacy or reputation of potential users of the
facility; or
(b) an acquisition of land under a land rent lease; or
(c) an acquisition of land from a registered community housing
provider; or
(d) an acquisition of land prescribed by regulation;
the only identifying particular of the acquired land that may be
included in a report is the district in which the acquired land is located
and any other identifying particulars of the land must be removed from
any document attached to the report.
(4) Subsection (3) does not apply if the information has entered the public
domain.
(5) For an acquisition of land under a land rent lease, information that
must not be disclosed by a tax officer under the Taxation
Administration Act 1999, division 9.4 (Secrecy) must not be included
in the report, and must be removed from any document attached to the
report.
Part 3 Reporting requirements
Section 10
page 10 Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
R7
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(6) In this section:
district means a district determined under the Districts Act 2002,
section 5.
housing assistance property—see the Housing Assistance Act 2007,
section 28 (2).
land rent lease—see the Land Rent Act 2008, dictionary.
registered community housing provider—see the Community
Housing Providers National Law (ACT), section 4.
Note The Community Housing Providers National Law (ACT) Act 2013, s 7
applies the Community Housing Providers National Law set out in the
appendix to the Community Housing Providers (Adoption of National
Law) Act 2012 (NSW) as if it were an ACT law called the Community
Housing Providers National Law (ACT).
tax officer—see the Taxation Administration Act 1999, section 94.
Miscellaneous Part 4
Section 11
R7
27/11/23
Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
page 11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 4 Miscellaneous
11 Relationship to other laws
(1) This Act is in addition to the requirements of any other territory law.
(2) If a Minister is required under any other territory law to prepare a
report about the acquisition of land, the Minister may prepare a report
that complies with both this Act and the other law.
12 Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Dictionary
page 12 Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
R7
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• administrative unit
• city renewal authority
• Executive
• Legislative Assembly
• Minister (see s 162)
• must (see s 146)
• person
• public sector body
• public servant
• quarter
• Speaker
• suburban land agency
• territory authority
• territory instrumentality
• territory land
• territory law
• territory-owned corporation.
government agency—see section 5.
land acquisition—see section 7.
responsible Minister, for a government agency—see section 6.
Endnotes
About the endnotes 1
R7
27/11/23
Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
page 13
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
page 14 Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
R7
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Legislation history
Government Agencies (Land Acquisition Reporting) Act 2018
A2018-44
notified LR 12 November 2018
s 1, s 2 commenced 12 November 2018 (LA s 75 (1))
s 5 (1) (e), s 6 (e), pt 7 commenced 1 July 2019 (s 2 (2))
remainder commenced 1 January 2019 (s 2 (1))
as amended by
Government Agencies (Land Acquisition Reporting) Act 2018
A2018-44 pt 7
notified LR 12 November 2018
s 1, s 2 commenced 12 November 2018 (LA s 75 (1))
pt 7 commenced 1 July 2019 (s 2 (2))
Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.13
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 3 pt 3.13 commenced 14 November 2019 (s 2 (1))
Legislation (Legislative Assembly Committees) Amendment Act 2022
A2022-4 sch 1 pt 1.10
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.10 commenced 6 April 2022 (s 2)
Planning and Environment Legislation Amendment Act 2023
A2023-20 pt 4
notified LR 21 June 2023
s 1, s 2 commenced 21 June 2023 (LA s 75 (1))
pt 4 commenced 22 June 2023 (s 2 (1))
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1
pt 1.31
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.31 commenced 27 November 2023 (s 2 (1) and see
Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)
Endnotes
Amendment history 4
R7
27/11/23
Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
page 15
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Meaning of land acquisition
s 7 am A2018-44 pt 7; A2023-36 amdts 1.161-1.164
Publication of reports about land acquisitions etc
s 8 am A2022-4 amdt 1.32, amdt 1.33
Report about acquisition of land
s 9 am A2019-42 amdt 3.18
Certain information must not be included in reports
s 10 hdg sub A2019-42 amdt 3.19
s 10 am A2019-42 amdt 3.20; A2023-20 s 14, s 15;
pars renum R6 LA
Transitional
pt 5 hdg exp 1 July 2019 (s 14)
Acquisitions made before 1 January 2019
s 13 exp 1 July 2019 (s 14)
Expiry—pt 5
s 14 exp 1 July 2019 (s 14)
Consequential amendments
pt 6 hdg om LA s 89 (3)
City Renewal Authority and Suburban Land Agency Act 2017
s 15 om LA s 89 (3)
Delayed amendment
pt 7 om LA s 89 (3)
Endnotes
5 Earlier republications
page 16 Government Agencies (Land Acquisition Reporting)
Act 2018
Effective: 27/11/23
R7
27/11/23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
1 Jan 2019
1 Jan 2019–
30 June 2019
not amended new Act
R2
1 July 2019
1 July 2019–
1 July 2019
A2018-44 commenced
provisions and
amendments
by A2018-44
R3
2 July 2019
2 July 2019–
13 Nov 2019
A2018-44 expiry of
transitional
provisions (pt 5)
R4
14 Nov 2019
14 Nov 2019–
5 Apr 2022
A2019-42 amendments by
A2019-42
R5
6 Apr 2022
6 Apr 2022–
21 June 2023
A2022-4 amendments by
A2022-4
R6
22 June 2023
22 June 2023–
26 Nov 2023
A2023-20 amendments by
A2023-20