28ACertain land not to be acquired

28A Certain land not to be acquired (1) The Minister may not compulsorily acquire any prescribed land or an interest in prescribed land except: (a) for the purpose of the provision of essential services and facilities being power (including gas), water, sewerage, road or communication services or facilities to or across the prescribed land, or access to any of them; or (b) where the prescribed land is held subject to the reservation that the Territory can acquire the part or interest for the purpose for which it is proposed to be acquired. (2) In subsection (1) prescribed land means land granted to, and held by, an incorporated association within the meaning of the Associations Act 2003 or an Aboriginal association within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) as a community living area for Aboriginals, having been excised (by agreement or otherwise) for that purpose from a pastoral lease within the meaning of the Pastoral Land Act 1992 or a Crown lease of another kind. (3) In any dispute under this section, the Minister shall refer the matter in dispute to the Community Living Areas Tribunal continued in existence by section 93 of the Pastoral Land Act 1992 and the provisions of Part 8 of that Act, with the necessary changes, shall apply as if the matter in dispute were an application under that Part and the Minister and the association were parties to the application. Lands Acquisition Act 1978 6 (4) Nothing in subsection (1) empowers the Minister to compulsorily acquire the fee simple of any part of the prescribed land other than the interests referred to in subsection (1)(b).