42ANotification of proposal

42A 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; (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 acquisition – caused a copy of the notice of proposal to be served on the representative Aboriginal/Torres Strait Islander body or bodies in relation to the land; (d) if the land is registered on a register referred to in paragraph (a) – caused a copy of the notice to be lodged with the Registrar-General or the Native Title Registrar, as the case may be;

Lands Acquisition Act 1978 23 (e) caused a notice of proposed acquisition in the approved form 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 receives an application in accordance with the statement referred to in section 42B(3)(c) and is satisfied that the applicant may have an interest in the land proposed to be acquired, within 14 days after receiving the application, the Minister must cause a notice of proposal to be served on the applicant. (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.