The Lands Acquisition Act 1989 sets the rules for the Commonwealth to acquire land (by agreement or compulsory process), to notify affected people, and to pay compensation. It applies to owners, occupiers, mortgagees, acquiring authorities and State/Territory interests and sets out how compensation is calculated, advanced, indexed and recovered, and the review routes available. It matters because it determines who pays (the Commonwealth), what protections and timelines landholders have, and how disputes over entitlement and amount are resolved.
The Lands Acquisition Act 1989 is the Commonwealth's general statute for acquiring land for public purposes. It governs how the Commonwealth and "Commonwealth authorities" enter and temporarily occupy land (Part III), how they take interests in land (Part IV), the procedural steps that must be followed before any acquisition (Part V), the actual mechanics of acquisition by agreement or by compulsory process (Part VI), how compensation is calculated, claimed, determined and paid (Parts VII and VIII), and how acquired land is later disposed of (Part X). It binds the Crown in each of its capacities (s 4) and extends to every external Territory (s 3).
The Act is the modern replacement for the Lands Acquisition Act 1955. It implements section 51(xxxi) of the Constitution at a process level, with section 93 acting as a "just terms" safety net empowering the Federal Court or the High Court to award compensation or make orders if a court forms the view that an acquisition would not otherwise be on just terms.
Main concepts
The most consequential definitions sit in section 6. "Interest" is defined broadly to include any legal or equitable estate, restrictions on use whether or not annexed to other land, and any right (including options and rights of redemption), charge, power or privilege over or in connection with the land. "Land" means land in Australia; "overseas land" means land outside Australia and is governed separately under Part XI. "Acquiring authority" is the Commonwealth or a Commonwealth authority, with the latter limited to bodies incorporated under Commonwealth or Territory law that are not declared "exempt" by regulation. "Public purpose" means a purpose in respect of which the Parliament has power to make laws.
Current sections
Direct links to the current provisions in Lands Acquisition Act 1989.
161
Part I
Preliminary
Part I—Preliminary
1
Short title
1 Short title
This Act may be cited as the Lands Acquisition Act 1989.
2
Commencement
2 Commencement
This Act commences on a day to be fixed by Proclamation.
3
Extension of Act to external Territories
3 Extension of Act to external Territories
This Act extends to every external Territory.
4
Act binds the Crown
4 Act binds the Crown
This Act binds the Crown in each of its capacities.
5
Operation of Territory laws
5 Operation of Territory laws
(1) Subject to this section, where:
(a) a law of a Territory authorising the acquisition or disposal of land, or the acquisition or disposal of interests in land, is in force;
(b) that law would, but for this subsection, apply to the acquisition or disposal, by an authority, of an interest in particular land; and
(c) this Act requires that the Authority acquire or dispose of the interest in accordance with this Act;
the law of the Territory does not apply to that acquisition or disposal.
(2) If a provision referred to in section 21A of the Christmas Island Act 1958 is in operation, this Act does not apply to anything dealt with by the provision.
(2A) If a provision referred to in section 18B of the Cocos (Keeling) Islands Act 1955 is in operation, this Act does not apply to anything dealt with by the provision.
(3) If a provision referred to in section 62 of the Norfolk Island Act 1979 is in operation, this Act does not apply to anything dealt with by the provision.
(4) Except as provided by subsection (1), this Act is not intended to affect the making or operation of a law of a Territory of a kind referred to in paragraph (1)(a).
Part II
Interpretation
Part II—Interpretation
6
Definitions
6 Definitions
In this Act, unless the contrary intention appears:
Account means the Lands Acquisition Account continued in existence by section 89A.
acquiring authority means:
(a) the Commonwealth; or
(b) a Commonwealth authority.
Australia includes the external Territories.
authorised person has the meaning given by section 7.
authority does not include:
(a) a body politic;
(b) an incorporated association or society;
(c) an incorporated company; or
(d) a body of trustees.
Commonwealth authority means an authority:
(a) that is incorporated by or under a law of the Commonwealth or by or under a law of a Territory, other than:
(i) an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988;
(ii) a law of the Northern Territory; and
(b) that is not declared by the regulations to be an exempt authority.
compensation claim form means a form approved by the Minister for the purposes of subsection 67(2).
Court or Federal Court means the Federal Court of Australia.
Crown land means land the property of the Commonwealth, a State or a Territory.
dispose includes grant or create.
interest, in relation to land (including overseas land), means:
(a) any legal or equitable estate or interest in the land;
(b) a restriction on the use of the land, whether or not annexed to other land; or
(c) any other right (including a right under an option and a right of redemption), charge, power or privilege over or in connection with the land or an interest in the land;
and includes the interest of the Commonwealth, a State or a Territory in Crown land.
land means land in Australia.
mortgage means a security over an interest in land (including overseas land) securing the payment or repayment of money.
mortgagee, in relation to a mortgage, means the person who is or was entitled to receive payment or repayment of the money secured by the mortgage.
mortgage interest means the interest in land of a mortgagee under a mortgage.
mortgagor, in relation to a mortgage, means the person who is or was the owner of the interest in land subject to the mortgage.
overseas land means land outside Australia.
planning instrument means an instrument made under a law of the Commonwealth, a State or a Territory that relates to town planning or use of land.
pre‑acquisition declaration means a declaration under subsection 22(1).
public park means land that, under a law of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or national park or otherwise for the purposes of public recreation.
public purpose means a purpose in respect of which the Parliament has power to make laws and includes, in relation to land in a Territory, any purpose in relation to the Territory.
Tribunal means the Administrative Review Tribunal.
unreviewable pre‑acquisition declaration means a pre‑acquisition declaration that includes a statement under subsection 22(6).
7
Meaning of authorised person
7 Meaning of authorised person
A person is an authorised person for the purposes of a provision of this Act if:
(a) the Minister has, by writing, authorised the person to act under the provision; or
(b) the Minister has, by writing, authorised the holder or occupier of a particular office or position to act under the provision and the person holds or occupies, or is performing the duties of, the office or position.
Part III
Temporary entry on, and occupation of, land
Part III—Temporary entry on, and occupation of, land
8
Powers additional to other powers
8 Powers additional to other powers
The powers conferred by this Part are in addition to, and not in derogation of, the powers conferred by any other law of the Commonwealth or of a Territory.
9
Notice to be given before powers exercised
9 Notice to be given before powers exercised
(1) A person shall not exercise a power conferred by this Part in relation to particular land unless:
(a) the person has given written notice of his or her intention to exercise the power to each person whom the person believes, after diligent inquiry, to have an interest in the land, other than an interest under a mortgage, charge or other similar security; and
(b) at least 7 days have elapsed since the requirements of paragraph (a) were satisfied.
(2) A notice shall:
(a) set out particulars of the intended exercise of the power in relation to the land;
(b) give reasons for the exercise of the power; and
(c) include a statement to the effect that a person to whom the notice is given may, because of the exercise of the power, be entitled to compensation in accordance with Part VIII.
10
Power to enter on, and examine, land
10 Power to enter on, and examine, land
An authorised person may, for the purpose of ascertaining whether land is suitable for a public purpose or of obtaining information in relation to land that, in the opinion of the authorised person, is, or may be, suitable for a public purpose:
(a) enter upon the land, or upon adjoining land, with such persons, vehicles and things as are reasonably necessary for the purpose; and
(b) make surveys, take levels, dig or bore into the land, examine the soil and do, in relation to the land, any other thing reasonably necessary for the purpose.
11
Power to occupy land temporarily
11 Power to occupy land temporarily
(1) Where an acquiring authority holds an interest in land (in this section called the authority land), an authorised person may, with such other persons as are reasonably necessary, enter upon other land (in this section called the neighbouring land) being land within a distance of 500 metres from the nearest boundary of the authority land, and may temporarily occupy the neighbouring land for so long as is reasonably necessary for the purposes of any works connected with the carrying out of a public purpose.
(2) Subsection (1) does not apply to neighbouring land:
(a) that is a garden, orchard or plantation attached to, or belonging to, a house;
(b) that is a park, planted walk or avenue or ground ornamentally planted; or
(c) that is less than 500 metres from a dwelling‑house of the occupier of the neighbouring land.
12
Powers in relation to land temporarily occupied
12 Powers in relation to land temporarily occupied
(1) While land is temporarily occupied under section 11, an authorised person may, in connection with the carrying out of a public purpose:
(a) construct, build or place any plant, machinery, equipment or goods on the land;
(b) take from, or deposit on, the land sand, clay, stone, earth, gravel, timber, wood or other materials or goods;
(c) make roads, cuttings or excavations on the land;
(d) erect buildings (including workshops and sheds) of a temporary character on the land; and
(e) manufacture or work materials of any kind on the land.
(2) The power to take sand, clay, stone, earth or gravel is not exercisable in respect of a quarry, brick pit or other like place worked or used for getting materials for the purpose of sale.
(3) An authorised person shall not exercise powers under subsection (1) so as to:
(a) close, divert or narrow, or break the surface of, a road;
(b) alter the position of any water, sewerage or gas main or pipe; or
(c) alter the position of any electricity cable or wire; or
(d) alter the position of any line (within the meaning of the Telecommunications Act 1997);
unless the authorised person has given reasonable notice, in writing, of his or her intention to do so to the authority responsible for the road, main, pipe, cable, wire or line.
13
Obligations in relation to exercise of powers
13 Obligations in relation to exercise of powers
An authorised person exercising powers under this Part shall:
(a) take all reasonable steps to ensure that the exercise of the powers causes as little detriment and inconvenience, and does as little damage, as is practicable to the land and to anything on, or growing or living on, the land;
(b) remain on the land only for such period as is reasonably necessary;
(c) remove from the land at the end of the occupation all plant, machinery, equipment, goods or structures brought onto, or erected on, the land other than any of those things that the owner or occupier agrees may be left on the land; and
(d) leave the land, as nearly as practicable, in the condition in which it was immediately before it was occupied.
14
Order to enforce exercise of powers
14 Order to enforce exercise of powers
(1) Where:
(a) an authorised person is entitled to exercise powers under this Part in relation to land; and
(b) another person (in this section called the obstructing person) has hindered or obstructed, is hindering or obstructing, or proposes to hinder or obstruct the authorised person in the exercise of any of those powers;
a court of summary jurisdiction may, on the application of the authorised person, make an order authorising a member of the Australian Federal Police or other person named in the order to use such assistance and force as are reasonably necessary to enable those powers to be exercised.
(2) A copy of an application under subsection (1) shall be given to the obstructing person and that person is entitled to appear and be heard on the hearing of the application.
15
Exercise of powers not an acquisition of an interest in land
15 Exercise of powers not an acquisition of an interest in land
The exercise of a power under this Part does not constitute the acquisition of an interest in land for the purposes of this Act.
Part IV
Acquisition of interests in land
Part IV—Acquisition of interests in land
16
Modes of acquisition
16 Modes of acquisition
An interest in land may be acquired under this Act:
(a) by agreement under section 40; or
(b) by compulsory process under section 41.
17
Nature of interests that may be acquired
17 Nature of interests that may be acquired
(1) The interests that may be acquired under this Act are:
(a) a legal or equitable estate or interest in land; and
(b) any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with, land or an interest in land.
(2) Those interests include:
(a) an interest of the Commonwealth, a State or a Territory in Crown land;
(b) an interest that did not previously exist in relation to particular land;
(c) an easement in gross; and
(d) a restriction on the use of the land, whether or not annexed to particular land.
18
Authorities with limited powers
18 Authorities with limited powers
Nothing in this Act gives to an authority a power (for example, a power to hold an interest in land) that the authority does not otherwise have.
19
Steps in acquisition by agreement
19 Steps in acquisition by agreement
(1) The principal steps in an acquisition by agreement are:
(a) the making of a pre‑acquisition declaration under Part V;
(b) any reconsideration or review of the pre‑acquisition declaration under Part V;
(c) the authorisation of the acquisition under section 40;
(d) the making of the agreement under Part VI; and
(e) the taking of actions required by the agreement to complete the acquisition.
(2) The making of a pre‑acquisition declaration is not required if:
(a) the relevant interest is available in the market within the meaning of section 40;
(b) the interest to be acquired is owned by another acquiring authority; or
(c) a certificate has been given under section 24.
20
Steps in acquisition by compulsory process
20 Steps in acquisition by compulsory process
(1) The principal steps in an acquisition by compulsory process are:
(a) the making of a pre‑acquisition declaration under Part V;
(b) any reconsideration or review of the pre‑acquisition declaration under Part V; and
(c) the making of an acquisition declaration under Part VI.
(2) The making of a pre‑acquisition declaration is not required if a certificate has been given under section 24.
21
Acquisitions to be in accordance with Act
21 Acquisitions to be in accordance with Act
(1) Subject to subsection (2), an acquiring authority shall not acquire an interest in land otherwise than in accordance with this Act unless:
(a) because of subsection 5(2), (2A) or (3), this Act does not apply in relation to the acquisition;
(b) the regulations provide that this Act does not apply in relation to the acquisition, by the acquiring authority, of interests in land in specified circumstances and the acquisition is an acquisition in those circumstances;
(c) the acquisition is authorised by a law of the Commonwealth (including a law passed or made after the commencement of this Act) and that law, or another law of the Commonwealth, expressly provides that the first‑mentioned law has effect despite anything contained in this Act;
(d) the acquisition consists of the taking of a mortgage, charge or other similar security over an interest in land;
(e) the acquisition is effected by a law of the Commonwealth; or
(f) the interest is acquired otherwise than compulsorily or by agreement.
(2) Nothing in this Act prevents the benefit of a restriction on the use of land becoming vested in an authority by the operation of a law other than this Act.
(3) Despite subsection 12(1) of the Legislation Act 2003, regulations made for the purpose of paragraph (1)(b) of this section may provide that the regulations commence on a day to be fixed by the Minister by notice published in the Gazette.
(4) The Minister must not fix a date for the purpose of subsection (3) that is earlier than:
(a) the last day on which a notice could be given under subsection 42(1) of the Legislation Act 2003 in relation to the regulations; or
(b) if such a notice is given, the latest day on which the regulations could be disallowed by a House of the Parliament in which such a notice has been given.
More sections below
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part I Preliminary
Part I—Preliminary
1 Short title
1 Short title
This Act may be cited as the Lands Acquisition Act 1989.
2 Commencement
2 Commencement
This Act commences on a day to be fixed by Proclamation.
3 Extension of Act to external Territories
3 Extension of Act to external Territories
This Act extends to every external Territory.
4 Act binds the Crown
4 Act binds the Crown
This Act binds the Crown in each of its capacities.
5 Operation of Territory laws
5 Operation of Territory laws
(1) Subject to this section, where:
(a) a law of a Territory authorising the acquisition or disposal of land, or the acquisition or disposal of interests in land, is in force;
(b) that law would, but for this subsection, apply to the acquisition or disposal, by an authority, of an interest in particular land; and
(c) this Act requires that the Authority acquire or dispose of the interest in accordance with this Act;
the law of the Territory does not apply to that acquisition or disposal.
(2) If a provision referred to in section 21A of the Christmas Island Act 1958 is in operation, this Act does not apply to anything dealt with by the provision.
(2A) If a provision referred to in section 18B of the Cocos (Keeling) Islands Act 1955 is in operation, this Act does not apply to anything dealt with by the provision.
(3) If a provision referred to in section 62 of the Norfolk Island Act 1979 is in operation, this Act does not apply to anything dealt with by the provision.
(4) Except as provided by subsection (1), this Act is not intended to affect the making or operation of a law of a Territory of a kind referred to in paragraph (1)(a).
Part II Interpretation
Part II—Interpretation
6 Definitions
6 Definitions
In this Act, unless the contrary intention appears:
Account means the Lands Acquisition Account continued in existence by section 89A.
acquiring authority means:
(a) the Commonwealth; or
(b) a Commonwealth authority.
Australia includes the external Territories.
authorised person has the meaning given by section 7.
Two further definitions drive the procedural architecture. A "pre-acquisition declaration" is a declaration under subsection 22(1) that the Minister is considering an acquisition. An "unreviewable pre-acquisition declaration" is one that includes a statement under subsection 22(6) certifying that the acquisition is essential for implementing a stated policy. Unreviewable declarations cannot be reviewed by the Administrative Review Tribunal (the "Tribunal" in section 6, defined as the Administrative Review Tribunal established under the 2024 ART Act).
Who it affects
The Act governs the conduct of every Commonwealth Minister, department and prescribed Commonwealth authority that wants to take land, and the rights of every owner, mortgagee, occupier, easement holder and former owner whose interests are touched. It applies in States and Territories, with section 5 disapplying competing Territory laws on acquisition where this Act applies, while preserving carve-outs under the Christmas Island Act 1958 (s 21A), the Cocos (Keeling) Islands Act 1955 (s 18B) and the Norfolk Island Act 1979 (s 62). Public parks dedicated under State or Territory law receive special protection (sections 42 and 46): no compulsory acquisition without State or Territory consent, and any compulsory acquisition can be disallowed by either House of Parliament within seven sitting days.
Key obligations
For acquiring authorities, the central obligation is procedural: do not acquire outside this Act unless one of the section 21 carve-outs applies (regulations, an overriding Commonwealth law that expressly says so, taking a security interest, an acquisition effected by a Commonwealth law, or a non-compulsory non-agreement acquisition). Compulsory acquisition almost always requires a pre-acquisition declaration under section 22, which must identify the authority, the land, the interest and the public purpose, and must include a "suitability statement" with reasons or, where the interest is a restriction on use, a statement of why the restriction is appropriate. Copies must be given to every person affected with a sketch and a rights summary (subsection 22(7)) and the declaration must be Gazetted (section 23).
Owners and mortgagees subject to an authorising document carry their own obligations. Section 39 requires an owner to disclose the existence of an authorising document before agreeing with anyone else about the relevant interest; failure exposes the owner to rescission and damages. Section 66 lets the Minister require particulars of mortgages from the owner; failure to respond within 30 days lets the Minister agree directly with anyone claiming to be a mortgagee, and the owner is debarred from disputing the agreed amounts.
Powers and discretions
Part III gives "authorised persons" (defined in section 7 as persons authorised in writing by the Minister) the power to enter and examine land for assessing suitability for a public purpose (section 10) and to occupy "neighbouring land" within 500 metres of authority land for works connected with a public purpose (section 11). Section 12 allows construction, taking of materials, road-making and erection of temporary buildings, but excludes quarry working and requires reasonable notice before interfering with roads, water, sewerage, gas, electricity or telecommunications lines (referencing the Telecommunications Act 1997).
The Minister's discretions are extensive. Under section 22 the Minister may make a pre-acquisition declaration. Under subsection 22(6), where a section 22(5) policy statement has been included, the Minister may certify the declaration as essential for the policy and therefore "unreviewable". Under section 24 the Minister may issue an "urgency or security" certificate, dispensing with the pre-acquisition declaration entirely if satisfied of urgent necessity contrary to the public interest in delay, or that a declaration would prejudice security, defence or international relations. Under section 41 the Minister makes the compulsory acquisition declaration that vests the interest in the acquiring authority and frees it from all other interests and encumbrances on Gazettal. Under section 47 the Minister may require urgent vacation by an occupier with reasons. Under section 119 the Minister authorises disposals of acquired land in writing.
Section 139 lists the powers the Minister cannot delegate, including authorising a person to act under sections 10, 11 or 14, including a section 22(6) statement, giving a section 24 certificate, dealing with a Tribunal recommendation under section 33, making a section 41 declaration, giving a section 47(2) notice, rejecting compensation claims under sections 70 or 98, and giving notice under paragraph 132(2)(a). Other powers can be delegated to APS officers or persons with executive authority over a Commonwealth authority.
Penalties and enforcement
The Act itself contains no general criminal offences; section 140 lets regulations prescribe penalties not exceeding 50 penalty units for offences against the regulations. Enforcement runs primarily through process: orders by a court of summary jurisdiction authorising the Australian Federal Police to overcome obstruction during temporary entry (section 14), orders to obtain possession from unauthorised occupiers (section 132), and Federal Court injunctions to restrain use of land inconsistent with a restriction acquired under the Act (section 133). The Attorney-General executes documents for the Commonwealth (section 136), and section 138 lets State and Territory Registrars-General register instruments without further proof of signature.
Process and timelines
The pre-acquisition pathway is heavily time-bound. After a section 22 declaration is made, an affected person has 28 days to apply for reconsideration under section 26. The Minister has 28 days to decide on reconsideration; silence equals deemed confirmation (section 27(4)). For reviewable declarations, the Tribunal cannot extend the time to apply once it has expired (section 28(3)). On review the Tribunal recommends to the Minister, who has 90 days to reject a recommendation (section 33(2)) and must table reasons for any rejection within three sitting days. A pre-acquisition declaration becomes "absolute" 28 days after the last review opportunity (section 43); only then can the Minister make a section 41 compulsory acquisition declaration.
After section 41 Gazettal, sections 48 to 51 require notice of acquisition with a compensation claim form within 14 days, and registration with the Registrar-General within 28 days. Compensation claims are made under section 67; the Minister has 42 days to accept and offer or reject (section 70). Tribunal review of rejection must be made within 90 days (section 71(3)). Final offers come from the Minister under section 76; deemed final offers arise after two months. Tribunal determination of compensation (section 81) and Federal Court determination (section 82) are alternative paths, and section 83 forces an election. Advance payments must be at least 90 per cent of the offered amount (sections 85 and 110). Interest runs from the day of acquisition (or from claim/offer for Part VIII purposes) and unpaid interest is rolled into principal at three-month intervals (sections 91, 92 and 115).
For dwellings, section 61 adds a fixed amount of $10,000, indexed annually under section 126 by the All Groups CPI for the eight capital cities, on top of market value or reasonable replacement cost. Section 121 carries a "first refusal" timeline: the former owner gets 28 days to express interest, then two months to complete, with an additional Tribunal review path for the market value the Minister specifies.
Interactions with other law
The Act is densely connected to other Commonwealth law. Section 31(1)(g) cross-refers to subsections 269(2) and 270(4) of the Administrative Review Tribunal Act 2024 for materials before the Tribunal. Section 89A continues the Lands Acquisition Account as a special account under the Public Governance, Performance and Accountability Act 2013. Section 124(6) preserves rights under section 35(4) and authorities under subsection 41(1) of the Atomic Energy Act 1953. Section 130 confers exclusive Federal Court jurisdiction over key sections, except for the High Court's jurisdiction under section 75 of the Constitution. Section 21(3) and section 117(2) work around subsection 12(1) of the Legislation Act 2003 for regulation commencement. Section 124(8) keeps section 51 and subsections 53(2) and 53(2A) of the Lands Acquisition Act 1955 alive where no current regulations exist.
Procedural fairness obligations not expressly stated in the Act are imported through the general law, as State of South Australia v Honourable Peter Slipper MP demonstrates.
Gotchas
The "unreviewable" declaration trap is the most consequential. A statement under subsection 22(6) ousts Tribunal review but cannot oust constitutional review and does not protect against judicial review where the underlying section 22 conditions are not met. The Tribunal also cannot inquire into the merits of any policy named in a section 22(5) statement (subsection 31(3)). Section 24 urgency or security certificates dispense with the entire pre-acquisition pathway, but they have been quashed where a court is not satisfied that the statutory criteria are made out. Section 5 only disapplies Territory laws where this Act requires the authority to acquire under it; otherwise, Territory laws can co-exist.
Section 121 looks like an obligation to offer back to the former owner but is drafted as a "general principle" the Minister has regard to, with subsection 121(9) expressly providing that disposal validity is unaffected by non-compliance. Section 122 lets the Governor-General dedicate or revoke dedication of Commonwealth land by Proclamation, including land already vested in trustees, who then must surrender title documents on demand. Section 124(9) explicitly excludes Aboriginal Land Trust land from mining regulation under the Act.
For mortgagees, section 53 forces an election and creates a deemed waiver after 30 days of inaction. Section 68 makes a compensation claim by a mortgagee a partial discharge of the mortgagor's liability. Section 64 limits "money due" to amounts not statute-barred or otherwise enforceable. Section 92 entitles the mortgagee to costs of re-investment and a reasonable allowance for loss of interest until principal would have been repayable.
For occupiers, section 47 gives a six-month right to remain unless the Minister certifies urgent need for possession. Section 132 lets the Minister obtain a court order to remove unauthorised occupiers with AFP assistance. For landowners contemplating sale during a declaration, section 39 imposes the disclosure trap.
Practical examples
A Commonwealth defence project requires expansion of a training area over pastoral lease land. The relevant Minister makes a section 22 pre-acquisition declaration identifying the lessor, the lease interest and "defence training" as the public purpose. The lessee applies for reconsideration under section 26 within 28 days. The Minister confirms; the lessee applies to the Tribunal under section 28; the Tribunal weighs the considerations in section 31. If the Tribunal recommends revocation, the Minister must accept or reject within 90 days under section 33 and table reasons in Parliament if rejecting.
A national radioactive waste repository project moves under section 24 because the Minister certifies urgency. The Minister makes a section 41 declaration and gazettes it; on Gazettal, all interests vest in the Commonwealth freed of all other interests. State or native title parties seek judicial review of the section 24 certificate under the ADJR Act. If the court finds the urgency criterion was not satisfied, certiorari can quash both the section 24 certificate and the section 41 declaration.
A homeowner whose principal residence is acquired by compulsory process is entitled under section 61 to the indexed $10,000 amount plus the greater of market value or reasonable replacement cost, plus interest under section 91. If the Minister makes an offer under section 70, the owner can accept under section 79, take it to arbitration under section 80, apply to the Tribunal under section 81 (90 days from final offer), or sue in the Federal Court under section 82, but only one path under section 83.
(a) a body politic;
(b) an incorporated association or society;
(c) an incorporated company; or
(d) a body of trustees.
Commonwealth authority means an authority:
(a) that is incorporated by or under a law of the Commonwealth or by or under a law of a Territory, other than:
(i) an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988;
(ii) a law of the Northern Territory; and
(b) that is not declared by the regulations to be an exempt authority.
compensation claim form means a form approved by the Minister for the purposes of subsection 67(2).
Court or Federal Court means the Federal Court of Australia.
Crown land means land the property of the Commonwealth, a State or a Territory.
dispose includes grant or create.
interest, in relation to land (including overseas land), means:
(a) any legal or equitable estate or interest in the land;
(b) a restriction on the use of the land, whether or not annexed to other land; or
(c) any other right (including a right under an option and a right of redemption), charge, power or privilege over or in connection with the land or an interest in the land;
and includes the interest of the Commonwealth, a State or a Territory in Crown land.
land means land in Australia.
mortgage means a security over an interest in land (including overseas land) securing the payment or repayment of money.
mortgagee, in relation to a mortgage, means the person who is or was entitled to receive payment or repayment of the money secured by the mortgage.
mortgage interest means the interest in land of a mortgagee under a mortgage.
mortgagor, in relation to a mortgage, means the person who is or was the owner of the interest in land subject to the mortgage.
overseas land means land outside Australia.
planning instrument means an instrument made under a law of the Commonwealth, a State or a Territory that relates to town planning or use of land.
pre‑acquisition declaration means a declaration under subsection 22(1).
public park means land that, under a law of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or national park or otherwise for the purposes of public recreation.
public purpose means a purpose in respect of which the Parliament has power to make laws and includes, in relation to land in a Territory, any purpose in relation to the Territory.
Tribunal means the Administrative Review Tribunal.
unreviewable pre‑acquisition declaration means a pre‑acquisition declaration that includes a statement under subsection 22(6).
7 Meaning of authorised person
7 Meaning of authorised person
A person is an authorised person for the purposes of a provision of this Act if:
(a) the Minister has, by writing, authorised the person to act under the provision; or
(b) the Minister has, by writing, authorised the holder or occupier of a particular office or position to act under the provision and the person holds or occupies, or is performing the duties of, the office or position.
Part III Temporary entry on, and occupation of, land
Part III—Temporary entry on, and occupation of, land
8 Powers additional to other powers
8 Powers additional to other powers
The powers conferred by this Part are in addition to, and not in derogation of, the powers conferred by any other law of the Commonwealth or of a Territory.
9 Notice to be given before powers exercised
9 Notice to be given before powers exercised
(1) A person shall not exercise a power conferred by this Part in relation to particular land unless:
(a) the person has given written notice of his or her intention to exercise the power to each person whom the person believes, after diligent inquiry, to have an interest in the land, other than an interest under a mortgage, charge or other similar security; and
(b) at least 7 days have elapsed since the requirements of paragraph (a) were satisfied.
(2) A notice shall:
(a) set out particulars of the intended exercise of the power in relation to the land;
(b) give reasons for the exercise of the power; and
(c) include a statement to the effect that a person to whom the notice is given may, because of the exercise of the power, be entitled to compensation in accordance with Part VIII.
10 Power to enter on, and examine, land
10 Power to enter on, and examine, land
An authorised person may, for the purpose of ascertaining whether land is suitable for a public purpose or of obtaining information in relation to land that, in the opinion of the authorised person, is, or may be, suitable for a public purpose:
(a) enter upon the land, or upon adjoining land, with such persons, vehicles and things as are reasonably necessary for the purpose; and
(b) make surveys, take levels, dig or bore into the land, examine the soil and do, in relation to the land, any other thing reasonably necessary for the purpose.
11 Power to occupy land temporarily
11 Power to occupy land temporarily
(1) Where an acquiring authority holds an interest in land (in this section called the authority land), an authorised person may, with such other persons as are reasonably necessary, enter upon other land (in this section called the neighbouring land) being land within a distance of 500 metres from the nearest boundary of the authority land, and may temporarily occupy the neighbouring land for so long as is reasonably necessary for the purposes of any works connected with the carrying out of a public purpose.
(2) Subsection (1) does not apply to neighbouring land:
(a) that is a garden, orchard or plantation attached to, or belonging to, a house;
(b) that is a park, planted walk or avenue or ground ornamentally planted; or
(c) that is less than 500 metres from a dwelling‑house of the occupier of the neighbouring land.
12 Powers in relation to land temporarily occupied
12 Powers in relation to land temporarily occupied
(1) While land is temporarily occupied under section 11, an authorised person may, in connection with the carrying out of a public purpose:
(a) construct, build or place any plant, machinery, equipment or goods on the land;
(b) take from, or deposit on, the land sand, clay, stone, earth, gravel, timber, wood or other materials or goods;
(c) make roads, cuttings or excavations on the land;
(d) erect buildings (including workshops and sheds) of a temporary character on the land; and
(e) manufacture or work materials of any kind on the land.
(2) The power to take sand, clay, stone, earth or gravel is not exercisable in respect of a quarry, brick pit or other like place worked or used for getting materials for the purpose of sale.
(3) An authorised person shall not exercise powers under subsection (1) so as to:
(a) close, divert or narrow, or break the surface of, a road;
(b) alter the position of any water, sewerage or gas main or pipe; or
(c) alter the position of any electricity cable or wire; or
(d) alter the position of any line (within the meaning of the Telecommunications Act 1997);
unless the authorised person has given reasonable notice, in writing, of his or her intention to do so to the authority responsible for the road, main, pipe, cable, wire or line.
13 Obligations in relation to exercise of powers
13 Obligations in relation to exercise of powers
An authorised person exercising powers under this Part shall:
(a) take all reasonable steps to ensure that the exercise of the powers causes as little detriment and inconvenience, and does as little damage, as is practicable to the land and to anything on, or growing or living on, the land;
(b) remain on the land only for such period as is reasonably necessary;
(c) remove from the land at the end of the occupation all plant, machinery, equipment, goods or structures brought onto, or erected on, the land other than any of those things that the owner or occupier agrees may be left on the land; and
(d) leave the land, as nearly as practicable, in the condition in which it was immediately before it was occupied.
14 Order to enforce exercise of powers
14 Order to enforce exercise of powers
(1) Where:
(a) an authorised person is entitled to exercise powers under this Part in relation to land; and
(b) another person (in this section called the obstructing person) has hindered or obstructed, is hindering or obstructing, or proposes to hinder or obstruct the authorised person in the exercise of any of those powers;
a court of summary jurisdiction may, on the application of the authorised person, make an order authorising a member of the Australian Federal Police or other person named in the order to use such assistance and force as are reasonably necessary to enable those powers to be exercised.
(2) A copy of an application under subsection (1) shall be given to the obstructing person and that person is entitled to appear and be heard on the hearing of the application.
15 Exercise of powers not an acquisition of an interest in land
15 Exercise of powers not an acquisition of an interest in land
The exercise of a power under this Part does not constitute the acquisition of an interest in land for the purposes of this Act.
Part IV Acquisition of interests in land
Part IV—Acquisition of interests in land
16 Modes of acquisition
16 Modes of acquisition
An interest in land may be acquired under this Act:
(a) by agreement under section 40; or
(b) by compulsory process under section 41.
17 Nature of interests that may be acquired
17 Nature of interests that may be acquired
(1) The interests that may be acquired under this Act are:
(a) a legal or equitable estate or interest in land; and
(b) any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with, land or an interest in land.
(2) Those interests include:
(a) an interest of the Commonwealth, a State or a Territory in Crown land;
(b) an interest that did not previously exist in relation to particular land;
(c) an easement in gross; and
(d) a restriction on the use of the land, whether or not annexed to particular land.
18 Authorities with limited powers
18 Authorities with limited powers
Nothing in this Act gives to an authority a power (for example, a power to hold an interest in land) that the authority does not otherwise have.
19 Steps in acquisition by agreement
19 Steps in acquisition by agreement
(1) The principal steps in an acquisition by agreement are:
(a) the making of a pre‑acquisition declaration under Part V;
(b) any reconsideration or review of the pre‑acquisition declaration under Part V;
(c) the authorisation of the acquisition under section 40;
(d) the making of the agreement under Part VI; and
(e) the taking of actions required by the agreement to complete the acquisition.
(2) The making of a pre‑acquisition declaration is not required if:
(a) the relevant interest is available in the market within the meaning of section 40;
(b) the interest to be acquired is owned by another acquiring authority; or
(c) a certificate has been given under section 24.
20 Steps in acquisition by compulsory process
20 Steps in acquisition by compulsory process
(1) The principal steps in an acquisition by compulsory process are:
(a) the making of a pre‑acquisition declaration under Part V;
(b) any reconsideration or review of the pre‑acquisition declaration under Part V; and
(c) the making of an acquisition declaration under Part VI.
(2) The making of a pre‑acquisition declaration is not required if a certificate has been given under section 24.
21 Acquisitions to be in accordance with Act
21 Acquisitions to be in accordance with Act
(1) Subject to subsection (2), an acquiring authority shall not acquire an interest in land otherwise than in accordance with this Act unless:
(a) because of subsection 5(2), (2A) or (3), this Act does not apply in relation to the acquisition;
(b) the regulations provide that this Act does not apply in relation to the acquisition, by the acquiring authority, of interests in land in specified circumstances and the acquisition is an acquisition in those circumstances;
(c) the acquisition is authorised by a law of the Commonwealth (including a law passed or made after the commencement of this Act) and that law, or another law of the Commonwealth, expressly provides that the first‑mentioned law has effect despite anything contained in this Act;
(d) the acquisition consists of the taking of a mortgage, charge or other similar security over an interest in land;
(e) the acquisition is effected by a law of the Commonwealth; or
(f) the interest is acquired otherwise than compulsorily or by agreement.
(2) Nothing in this Act prevents the benefit of a restriction on the use of land becoming vested in an authority by the operation of a law other than this Act.
(3) Despite subsection 12(1) of the Legislation Act 2003, regulations made for the purpose of paragraph (1)(b) of this section may provide that the regulations commence on a day to be fixed by the Minister by notice published in the Gazette.
(4) The Minister must not fix a date for the purpose of subsection (3) that is earlier than:
(a) the last day on which a notice could be given under subsection 42(1) of the Legislation Act 2003 in relation to the regulations; or
(b) if such a notice is given, the latest da
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