44Acquisition on urgency

44 Acquisition on urgency (1) Despite sections 34, 36, 37, 38, 42C and 42D, if subsection (2) or (3) applies, the Minister may compulsorily acquire land under section 43(1)(b): (a) before the period for lodging an objection to the acquisition under section 34 has expired; (b) where an objection to the acquisition has been lodged in accordance with section 34 – without considering the objection or consulting with the person who lodged the objection; (c) where an application to have an objection to the acquisition heard by the Tribunal has been made – without the Tribunal hearing the objection or making a recommendation about the objection and without the Minister receiving or considering the recommendation of the Tribunal; (d) before the period for lodging comments about the objection under section 42C has expired; or (e) where comments on the acquisition have been lodged in accordance with section 42C – without considering those comments. (2) The Minister may compulsorily acquire land in accordance with subsection (1) if: (a) the compulsory acquisition is not a future act; and (b) the Minister certifies in accordance with subsection (3A) that it is not practicable to delay the acquisition.

Lands Acquisition Act 1978 27 (3) The Minister may compulsorily acquire land in accordance with subsection (1) where native title rights and interests may exist if: (a) the purpose of the acquisition is to confer rights or interests in relation to the land proposed to be acquired on the Territory and the Minister makes a statement in writing to that effect before the acquisition takes place; and (b) the Minister certifies in accordance with subsection (3A) that it is not practicable to delay the acquisition. (3A) Land is not to be acquired in accordance with subsection (1) unless the Minister certifies in writing that, having regard to: (a) the urgency of the case; or (b) any other exceptional circumstances, it is not practicable to delay the acquisition until after the pre-acquisition procedures in Part IV or IVA (as applicable) have been complied with. (4) On being served with a copy of the certificate required under subsection (3A), the Tribunal must terminate any proceedings before the Tribunal relating to the acquisition to which the certificate applies. (5) Where the Minister acquires land under this Division (other than by agreement) in the circumstances described in subsection (1), the Minister must table in the Legislative Assembly, within 3 sitting days of the Assembly after the publication of the notice of acquisition in the Gazette, a statement of the reasons for the acquisition.