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Lands Acquisition Act 1978
43Acquisition generally
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43 Acquisition generally
(1) Subject to this Act, the Minister may acquire land under this Act for
any purpose whatsoever:
(aa) if the acquisition is under an indigenous land use agreement
as referred to in section 31A(a) – in accordance with the terms
of the agreement and by causing a notice declaring the land to
be acquired to be published in the Gazette;
(a) if the acquisition is by agreement with the owner of the land as
referred to in section 31A(b) – by causing an instrument of
transfer or other document evincing title to the land in the
Territory to be registered under the Land Title Act 2000 by the
Registrar-General; or
Lands Acquisition Act 1978 26
(b) if the pre-acquisition procedures in Parts IV and IVA as
applicable have been complied with – by compulsory
acquisition by causing a notice declaring the land to be
acquired to be published in the Gazette.
(2) Where an application has been made under section 38 to have an
objection to the acquisition heard by the Tribunal, subject to
sections 44 and 45, the Minister must not acquire land the subject
of the proposal until he or she has received and considered the
recommendation of the Tribunal.