Brief

The Lands Acquisition Act 1989 is a federal law that deals with the acquisition of land by the Commonwealth and certain authorities. The Act provides various powers to acquiring authorities, including the power to enter on and occupy land temporarily, as well as the power to acquire interests in land by agreement or compulsory process.

The Act also includes provisions for pre-acquisition declarations, which are declarations made by an authority indicating that land is suitable for acquisition. These declarations must be published and can be subject to reconsideration and review.

The Act provides compensation to individuals whose interests in land are acquired, including mortgagees, who may waive their rights in respect of mortgage interests. The amount of compensation paid is determined by a number of factors, including the market value of the interest being acquired, as well as any restrictions on its use.

Other provisions of the Act include:

  • Part III - Temporary entry on, and occupation of, land: This part deals with the powers conferred by the Act in relation to entering on and occupying land temporarily.
  • Part IV - Acquisition of interests in land: This part outlines the various ways in which interests in land can be acquired, including by agreement or compulsory process.
  • Part V - Pre-acquisition procedures: This part includes provisions for pre-acquisition declarations and reconsideration and review of these declarations.
  • Part VI - Acquisition procedures: This part deals with the formal procedures that must be followed when acquiring an interest in land.

The Lands Acquisition Act 1989 aims to provide a clear framework for the acquisition of land by the Commonwealth and certain authorities, while also ensuring that individuals receive fair compensation for their interests in land.

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Australian Government - Federal Register of Legislation

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