What it does
The Land Acquisition (Just Terms Compensation) Act 1991 establishes a comprehensive statutory code for the compulsory acquisition of land by authorities of the State and the assessment of compensation on just terms. Its objects are explicitly stated in s 3(1): to guarantee compensation not less than market value unaffected by the proposal (para (a)), to ensure just terms where land is not available for public sale (para (b)), to simplify and expedite compulsory acquisition procedures (para (c)), to require acquisition where hardship is demonstrated (para (d)), and to encourage acquisition by agreement (para (e)). Section 3(2) makes clear that these objects create no civil cause of action.
The Act applies to acquisitions by agreement or compulsory process where the authority is authorised to acquire by compulsory process (s 5(1)), but carves out acquisitions of land available for public sale by agreement (s 5(2)–(3)) and several other categories including mortgages, interests acquired otherwise than by agreement or compulsory process, and revocation of burial rights (s 6). It does not itself confer power to acquire (s 7(1)) but prevails over inconsistent provisions in other Acts (s 8) and binds the Crown (s 9).
Part 2 sets out the compulsory acquisition process in three Divisions. Division 1 requires a proposed acquisition notice (s 11) to be given to registered interest holders, lawful occupiers and those with actual knowledge interests (s 12), with a minimum 90-day period (s 13) that can be shortened only with owner consent or Ministerial approval on urgency grounds (s 13(2)–(3), requiring concurrence of the Minister administering the Act). The authority must complete the acquisition or withdraw the notice as soon as practicable, with the notice lapsing after 120 days unless extended by agreement (s 14). The notice must be in approved form, identify the land, state the acquisition period, invite claims within at least 60 days and be accompanied by a claim form (s 15). Withdrawal or minor amendment is permitted (s 16), with notification to the Registrar-General (s 17) and Valuer-General (s 18). A minimum 6-month genuine negotiation period before issuing the proposed acquisition notice is now mandatory for most land (s 10A, subject to exceptions for Crown land, easements, tunnels and owner refusal).