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Lands Acquisition Act 1978
32Notification of proposal
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32 Notification of proposal
(1) The Minister may compulsorily acquire land in relation to which this
Part applies if the Minister has:
(a) caused a search to be made of:
(ii) the Register of Native Title Claims and the National
Act;
Lands Acquisition Act 1978 9
(b) caused a notice of proposal to be served on each person
ascertained as a result of that search or otherwise as having
or claiming to have an interest in the land that will be divested,
modified or affected by the acquisition of the land, including:
(ii) the registered native title bodies corporate (if any) in
relation to any of the land;
(c) if native title rights and interests may be affected by the
proposal – caused a copy of the notice to be served on the
representative Aboriginal/Torres Strait Islander body or bodies
in relation to any of the land;
(d) if the land is registered on the register referred to in
paragraph (a)(i) – caused a copy of the notice to be lodged
with the Registrar-General;
(da) if native title rights and interests will or may be affected by the
proposal – caused a copy of the notice to be lodged with the
Native Title Registrar;
(e) caused a notice of proposed acquisition to be published in a
newspaper circulating in the area in which the land is situated;
and
(f) caused a notice of proposal in the approved form to be served
on the other persons the Minister is satisfied have an interest
in the land that will be divested, modified or affected by the
acquisition and on the other persons the Minister thinks
necessary.
(2) A notice of proposal or notice of proposed acquisition under
subsection (1) may relate to the acquisition of more than one area
of land or more than one interest in the same area of land.
(2A) If the Minister:
(a) receives an application in accordance with the statement
referred to in section 33(3)(c) and is satisfied that the applicant
may have an interest in the land proposed to be acquired; or
(b) is advised in accordance with the statement referred to in
section 33(3)(d) that a person has a claim for registration
pending as described in section 33(3)(d),
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within 14 days after receiving the application or being so advised,
the Minister must cause a notice of proposal to be served on the
applicant or person.
(3) The serving of a notice of proposal under subsection (1)(b) or (f)
or (2A) does not constitute:
(a) an offer or binding agreement to acquire the land the subject
of the notice; or
(b) a recognition by the Territory that the person on whom it is
served has an interest in the land proposed to be acquired.