Government Agencies (Land Acquisition Reporting) Act 2018 (ACT)

Government Agencies (Land Acquisition Reporting) Act 2018   

A2018-44

Republication No 7

Effective:  27 November 2023

Republication date: 27 November 2023

Last amendment made by A2023‑36

About this republication

The republished law

This is a republication of the Government Agencies (Land Acquisition Reporting) Act 2018 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 November 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 November 2023. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Government Agencies (Land Acquisition Reporting) Act 2018

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

Part 2      Important concepts

5            Meaning of government agency  3

6            Who is a responsible Minister?  3

7           Meaning of land acquisition  4

Part 3      Reporting requirements

8            Publication of reports about land acquisitions etc  6

9            Report about acquisition of land  6

10          Certain information must not be included in reports  9

Part 4      Miscellaneous

11          Relationship to other laws  11

12          Regulation-making power  11

Dictionary12

Endnotes

1            About the endnotes  13

2            Abbreviation key  13

3            Legislation history  14

4            Amendment history  15

5            Earlier republications  16

6            Expired transitional or validating provisions  17

Government Agencies (Land Acquisition Reporting) Act 2018

An Act about reports about land acquired by government agencies, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Government Agencies (Land Acquisition Reporting) Act 2018.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘government agency—see section 5.’ means that the term ‘government agency’ is defined in that section and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Important concepts

1. Meaning of government agency

   (1)In this Act:

   government agency means—

   (a)an administrative unit; or

   (b)a public sector body; or

   (c)a territory authority; or

   (d)a territory instrumentality; or

   (e)a territory-owned corporation.

   (2)However, government agency does not include the University of Canberra.

2. Who is a responsible Minister?

   In this Act:

   responsible Minister, for a government agency, means—

   (a)for an administrative unit—the Minister allocated responsibility for the administrative unit under the Public Sector Management Act 1994, section 14 (1) (a); and

   (b)for a public sector body—the Minister allocated responsibility for the Act under which the body is established under the administrative arrangements under the Public Sector Management Act 1994, section 14 (1) (b); and

   (c)for a territory authority—the Minister allocated responsibility for the Act under which the authority is established under the administrative arrangements under the Public Sector Management Act 1994, section 14 (1) (b); and

   (d)for a territory instrumentality—the Minister declared as the responsible Minister for the territory instrumentality’s annual report under the Annual Reports (Government Agencies) Act 2004, section 12; and

   (e)for a territory-owned corporation—the Chief Minister.

3. Meaning of land acquisition

   (1)In this Act:

   land acquisition—

   (a)means an acquisition of land by a government agency; and

   (b)includes—

   (i)an acquisition under the Lands Acquisition Act 1994; or

   (ii)a surrender of a lease, or part of the land described in a lease, under the Planning Act 2023, section 363, whether or not the acquiring government agency agreed to accept the surrender; or

   (iii)the withdrawal of land from a lease under the terms of the lease; or

   (iv)a termination of a lease under the Planning Act 2023, section 457; or

   (v)any other acquisition of land by a government agency required under a territory law; or

   (vi)an acquisition prescribed by regulation.

   (2)However, land acquisition does not include—

   (a)an acquisition of land by a government agency from another government agency; or

   (b)an acquisition prescribed by regulation.

   Example—par (a)

   as a result of a change to the functions of an administrative unit made under the Public Sector Management Act 1994, s 14

   (3)In this section:

   declared land sublease—see the Planning Act 2023, section 365 (1).

   land—

   (a)means the legal or equitable estate in land in the ACT or elsewhere; and

   (b)includes—

   (i)unleased territory land; and

   (ii)an easement other than an easement prescribed by regulation; and

   (iii)anything prescribed by regulation; but

   (c)unless otherwise stated by regulation, does not include—

   (i)a sublease of a lease other than a declared land sublease; or

   (ii)any other tenancy or occupancy right; or

   (iii)any other incorporeal right.

   NoteAn incorporeal right is an intangible right attached to land, and in addition to easements, includes rents, tithes and profit à prendre.

   lease—see the Planning Act 2023, section 257.

Part 3Reporting requirements

1. Publication of reports about land acquisitions etc

   (1)As soon as practicable after the end of each quarter, the responsible Minister for a government agency must publish on an ACT government website—

   (a)if the government agency made a land acquisition in the quarter—a report about the acquisition that includes the matters mentioned in section 9; and

   (b)if the City Renewal Authority made no land acquisitions in the quarter—a statement to that effect; and

   (c)if the Suburban Land Agency made no land acquisitions in the quarter—a statement to that effect.

   (2)After a report mentioned in subsection (1) (a) about a land acquisition is published, the responsible Minister must give the relevant Assembly committee a copy of the report.

   (3)In this section:

   relevant Assembly committee means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for subsection (2).

2. Report about acquisition of land

   (1)A report about a land acquisition by a government agency must—

   (a)identify—

   (i)the particulars of the land that was acquired; and

   (ii)the government agency that acquired the land; and

   (iii)from whom the land was acquired; and

   (b)describe the way in which the acquisition was made; and

   (c)state—

   (i)the compensation paid or payable for the land; and

   (ii)any other amount paid or payable in relation to the acquisition; and

   (d)for a defined land acquisition, include—

   (i)any valuation given to the acquiring government agency by the person from whom the land was acquired; and

   (ii)any other valuation considered by the acquiring government agency; and

   (e)for a defined land acquisition, state—

   (i)whether the acquisition was—

   (A)approved by the Executive, a stated Minister or a public servant; or

   (B)agreed by Cabinet; or

   (ii)if the acquisition was approved by a public servant—the position of the public servant; and

   (iii)the date the acquisition was approved or agreed; and

   (f)for a defined land acquisition, include a short statement about the following:

   (i)the reason why the land was acquired including the proposed and potential short and long term use and development of the land;

   (ii)how the proposed use and development of the land is consistent with the territory plan;

   (iii)how the acquisition is in the public interest;

   (iv)how the acquisition is consistent with the functions of the acquiring government agency;

   (v)if relevant, how the proposed use and development of the land supports the principle of environmental sustainability;

   (vi)if the acquiring government agency has a statement of intent—how the acquisition is consistent with the agency’s statement of intent, or other relevant forecasts, for the year;

   (vii)how the acquisition represents value for money taking into account the particulars of the land, any valuation, the proposed and potential short and long term use and development of the land, relevant policies and programs of the acquiring government agency or the Territory; and

   (g)include anything prescribed by regulation.

   (2)For an acquisition made under the Lands Acquisition Act 1994, if the amount paid or payable is not known at the end of the quarter the report—

   (a)must state that the information is not yet known and that the report will be updated when the information is known; and

   (b)must be updated to include the amount paid or payable as soon as practicable after the amount is known.

   (3)A report may include any other information the responsible Minister considers relevant.

   Example

   information from a business case or risk assessment

   (4)In this section:

   defined land acquisition means a land acquisition other than an acquisition mentioned in section 7 (1) (b) (ii) to (vi).

3. Certain information must not be included in reports

   (1)This section applies to a report under section 8 (1) (a) about a land acquisition by a government agency.

   (2)For an acquisition of land from an individual, the individual’s name must not be included in the report, and must be removed from any document attached to the report.

   (3)For—

   (a)an acquisition of land to be developed or used as—

   (i)a housing assistance property; or

   (ii)a facility to provide a service for community health or safety, if the Minister has declared, in writing, that disclosure of identifying particulars would risk an adverse impact on the privacy or reputation of potential users of the facility; or

   (b)an acquisition of land under a land rent lease; or

   (c)an acquisition of land from a registered community housing provider; or

   (d)an acquisition of land prescribed by regulation;

   the only identifying particular of the acquired land that may be included in a report is the district in which the acquired land is located and any other identifying particulars of the land must be removed from any document attached to the report.

   (4)Subsection (3) does not apply if the information has entered the public domain.

   (5)For an acquisition of land under a land rent lease, information that must not be disclosed by a tax officer under the Taxation Administration Act 1999, division 9.4 (Secrecy) must not be included in the report, and must be removed from any document attached to the report.

   (6)In this section:

   district means a district determined under the Districts Act 2002, section 5.

   housing assistance property—see the Housing Assistance Act 2007, section 28 (2).

   land rent lease—see the Land Rent Act 2008, dictionary.

   registered community housing provider—see the Community Housing Providers National Law (ACT), section 4.

   NoteThe Community Housing Providers National Law (ACT) Act 2013, s 7 applies the Community Housing Providers National Law set out in the appendix to the Community Housing Providers (Adoption of National Law) Act 2012 (NSW) as if it were an ACT law called the Community Housing Providers National Law (ACT).

   tax officer—see the Taxation Administration Act 1999, section 94.

Part 4Miscellaneous

1. Relationship to other laws

   (1)This Act is in addition to the requirements of any other territory law.

   (2)If a Minister is required under any other territory law to prepare a report about the acquisition of land, the Minister may prepare a report that complies with both this Act and the other law.

2. Regulation-making power

   The Executive may make regulations for this Act.

   NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     administrative unit

·     city renewal authority

·     Executive

·     Legislative Assembly

·     Minister (see s 162)

·     must (see s 146)

·     person

·     public sector body

·     public servant

·     quarter

·     Speaker

·     suburban land agency

·     territory authority

·     territory instrumentality

·     territory land

·     territory law

·     territory-owned corporation.

government agency—see section 5.

land acquisition—see section 7.

responsible Minister, for a government agency—see section 6.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Government Agencies (Land Acquisition Reporting) Act 2018 A2018‑44

   notified LR 12 November 2018
   s 1, s 2 commenced 12 November 2018 (LA s 75 (1))
   s 5 (1) (e), s 6 (e), pt 7 commenced 1 July 2019 (s 2 (2))
   remainder commenced 1 January 2019 (s 2 (1))

   as amended by

   Government Agencies (Land Acquisition Reporting) Act 2018 A2018‑44 pt 7

   notified LR 12 November 2018
   s 1, s 2 commenced 12 November 2018 (LA s 75 (1))
   pt 7 commenced 1 July 2019 (s 2 (2))

   Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.13

   notified LR 31 October 2019
   s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
   sch 3 pt 3.13 commenced 14 November 2019 (s 2 (1))

   Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.10

   notified LR 30 March 2022
   s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
   sch 1 pt 1.10 commenced 6 April 2022 (s 2)

   Planning and Environment Legislation Amendment Act 2023 A2023‑20 pt 4

   notified LR 21 June 2023
   s 1, s 2 commenced 21 June 2023 (LA s 75 (1))
   pt 4 commenced 22 June 2023 (s 2 (1))

   Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.31

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.31 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Meaning of land acquisition

   s 7am A2018-44 pt 7; A2023-36 amdts 1.161-1.164

   Publication of reports about land acquisitions etc

   s 8am A2022-4 amdt 1.32, amdt 1.33

   Report about acquisition of land

   s 9am A2019‑42 amdt 3.18

   Certain information must not be included in reports

   s 10 hdgsub A2019‑42 amdt 3.19

   s 10am A2019‑42 amdt 3.20; A2023‑20 s 14, s 15; pars renum R6 LA

   Transitional

   pt 5 hdgexp 1 July 2019 (s 14)

   Acquisitions made before 1 January 2019

   s 13exp 1 July 2019 (s 14)

   Expiry—pt 5

   s 14exp 1 July 2019 (s 14)

   Consequential amendments

   pt 6 hdgom LA s 89 (3)

   City Renewal Authority and Suburban Land Agency Act 2017

   s 15om LA s 89 (3)

   Delayed amendment

   pt 7om LA s 89 (3)

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Jan 2019	1 Jan 2019– 30 June 2019	not amended	new Act
R2 1 July 2019	1 July 2019– 1 July 2019	A2018-44	commenced provisions and amendments by A2018‑44
R3 2 July 2019	2 July 2019– 13 Nov 2019	A2018-44	expiry of transitional provisions (pt 5)
R4 14 Nov 2019	14 Nov 2019– 5 Apr 2022	A2019‑42	amendments by A2019‑42
R5 6 Apr 2022	6 Apr 2022– 21 June 2023	A2022‑4	amendments by A2022‑4
R6 22 June 2023	22 June 2023– 26 Nov 2023	A2023‑20	amendments by A2023‑20

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.