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Lands Acquisition Act 1978
33Form of notices
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33 Form of notices
(1) A notice of proposal is to be in the approved form and contain:
(c) an invitation to the person on whom the notice is served to
negotiate with the Minister the conditions of the acquisition of
the person's interest by agreement under this Act and advice
to the person that in the absence of agreement the land will be
compulsorily acquired but that the land will only be acquired
(whether by agreement or compulsorily) after all objections
lodged in accordance with section 34 have been dealt with
under this Part; and
(d) a statement:
(i) specifying, in accordance with section 34(1), the period
within which the person served with the notice of
proposal may lodge with the Minister an objection to the
acquisition so far as it affects the person's interest in the
land and the date on which that period commences
(being 10 days after the date of publication of the notice
of proposed acquisition); and
(ii) to the effect that, if the person is a registered native title
claimant or registered native title body corporate or has
a claim for registration pending as described in
subsection (3)(d) in relation to any of the land, the
person may lodge an objection to the acquisition so far
as it affects the person's native title right and interests.
Lands Acquisition Act 1978 11
(2) The Minister must cause to be served on each person served with a
notice of proposal under section 32(1)(b) or (f) or (2A) a statement
in the approved form summarising the rights of such persons under
this Act.
(3) A notice of proposed acquisition is to be in the approved form and
contain:
(c) a statement indicating that a person who has or claims to have
an interest in the land that will be divested, modified or
affected by the acquisition may, within 21 days of the date of
publication of the notice, apply to the Minister for a notice of
proposal and must indicate in the application the nature of the
interest held or claimed;
(d) a statement indicating that if:
(i) within 3 months after the date specified in the notice of
proposal referred to in paragraph (e), a person (other
than a person served under section 32(1)(b)(i) or (ii))
advises the Minister in writing that the person has made
an application to the Federal Court for a determination of
native title in respect of any of the land proposed to be
acquired; and
(ii) the Native Title Registrar has not yet decided whether or
not to accept the claim for registration in the Federal
Court application,
the person may, within 4 months from the date specified in the
notice of proposal referred to in paragraph (e), lodge an
objection to the acquisition so far as it affects the native title
rights and interests specified in the claim; and
(e) a statement indicating that a person referred to in
paragraph (c) or (d) is not entitled under this Act to lodge an
objection to the acquisition unless the person has been served
with a notice of proposal under section 32(2A).
Lands Acquisition Act 1978 12