22Availability of certain land etc for compulsory acquisition

#### 22 Availability of certain land etc for compulsory acquisition 22 Availability of certain land etc for compulsory acquisition > > (1) For the purposes of sections 14 and 19, lands or easements over lands are available for compulsory acquisition— > > > > > (a) in the case of Crown lands or lands vested in a person on behalf of the Crown or in a public authority or in the case of easements over any such lands (not being Crown lands, or lands so vested, or easements over lands, referred to in paragraph (b)), if— > > > > > > > (i) at least three months before the Minister determines an application under section 14 or 19, the applicant has informed the public authority or person concerned or the Minister administering the provisions of the Crown Lands Acts applying to those lands of the application for the licence and of any amendment to that application made in accordance with section 13A (11) or, as the case may be, the application for the variation of the licence area, and > > > > > > > (ii) where the public authority or person or the Minister administering the provisions of the Crown Lands Acts applying to those lands has by instrument in writing addressed to the Minister objected to the granting of the application and has requested that the matter be referred to the Premier for decision, the Premier has, after considering any representations made to the Minister by the public authority, the person concerned and the Minister administering the provisions of the Crown Lands Acts applying to those lands and such other matters as he or she thinks fit, approved of the application being determined by the Minister, > > > > > (b) in the case of Crown lands or lands vested in a person on behalf of the Crown (being Crown lands or lands so vested that are under the control of a public authority) or in the case of easements over any such lands, if— > > > > > > > (i) at least three months before the Minister determines an application under section 14 or 19 (or, if the public authority and the owner have agreed that the land is available for acquisition, at any time before the Minister makes such a determination), the applicant has informed the public authority concerned and the owner of the lands of the application for the licence and of any amendment to that application made in accordance with section 13A (11) or, as the case may be, the application for the variation of the licence area, and > > > > > > > (ii) where the public authority concerned or the owner of the lands has by instrument in writing addressed to the Minister objected to the granting of the application and has requested that the matter be referred to the Premier for decision, the Premier has, after considering any representations made to the Minister by the public authority or the owner and such other matters as he or she thinks fit, approved of the application being determined by the Minister, > > > > > (c) in the case of lands that are held as an incomplete purchase, a homestead selection, a homestead grant or a lease in perpetuity under the Crown Lands Acts, or lands held in fee-simple over which the owner has no power of sale or power to grant an easement, or in the case of easements over any such lands, if the Minister is satisfied that not less than two months before the Minister determines an application under section 14 or 19, the applicant has given the owner and, where the lands are held as an incomplete purchase, a homestead selection, a homestead grant or a lease in perpetuity under the Crown Lands Acts, the Minister administering the provisions of the Crown Lands Acts applying to those lands, notice in writing that the lands, or an easement over the lands will, upon the grant of a licence, be compulsorily acquired, or > > > > > (d) in the case of other lands, not being lands referred to in paragraph (a), (b) or (c), or easements over those other lands, if the Minister is satisfied— > > > > > > > (i) that the applicant has entered into an agreement with the owner to acquire the lands or an easement over the lands, or > > > > > > > (ii) that the applicant has taken all reasonable steps to enter into an agreement with the owner to acquire the lands or easements and those steps have not resulted in any such agreement. > > > (2) Lands in relation to which an owner has native title rights and interests within the meaning of the Commonwealth Native Title Act is, for the purpose of the acquisition of those rights and interests under this Act, land held in fee-simple over which the owner has no power of sale as referred to in subsection (1) (c). > > > (3) If lands referred to in subsection (2) are also held as an incomplete purchase, a homestead selection, a homestead grant or a lease in perpetuity under the Crown Lands Acts, the applicant must give the notice referred to in subsection (1) (c) to the Minister administering the provisions of the Crown Lands Acts applying to those lands as well as to the owner of the native title rights and interests. > > > (4) The regulations may make provision in relation to the operation of subsection (1)(d)(ii), including by— > > > > > (a) providing for what constitutes reasonable steps, and > > > > > (b) providing for the matters the Minister must consider for the purposes of that subsection, and > > > > > (c) applying or adopting guidelines in force from time to time. > > Note. > > In order to comply with any relevant procedure under the NTA, the notice periods under the NTA must be followed despite any different notice periods under section 22. > > **s 22:** Subst 1973 No 86, sec 3 (k). Am 1977 No 17, sec 3 (d), Sch 1; 1991 No 94, Sch 1; 1994 No 45, Sch 1; 1998 No 88, Sch 7 \[2\]; 2006 No 35, Sch 1 \[64\]–\[66\]; 2025 No 21, Sch 2\[8\].