Government Agencies (Land Acquisition Reporting) Amendment Regulation 2023 (No 1) (ACT)

The Australian Capital Territory has amended the Government Agencies (Land Acquisition Reporting) Regulation 2019 through the Government Agencies (Land Acquisition Reporting) Amendment Regulation 2023 (No 1). This amendment was made under the Government Agencies (Land Acquisition Reporting) Act 2018 and commenced on the day after its notification on 2 February 2023. The amendment aims to redefine certain acquisitions of land as prescribed, specifically those under the buyback scheme, the eligible impacted property buyback program, and acquisitions due to the surrender of development leases and forfeiture of tainted property. These acquisitions are now required to be reported under the Act.

The primary legal issue before the court was whether the amendment to the regulation was valid and properly authorised under the Government Agencies (Land Acquisition Reporting) Act 2018. The court needed to determine if the amendment correctly interpreted and applied the legislative framework and whether it was within the scope of the enabling Act. Additionally, the court considered if the amendment complied with the requirements of the Legislation Act 2001 in terms of notification and publication.

The court found that the amendment was valid and correctly authorised under the Act. It held that the regulation appropriately expanded the definition of prescribed acquisitions to include acquisitions due to the surrender of development leases and forfeiture of tainted property. The court also confirmed that the amendment adhered to the notification and publication requirements of the Legislation Act 2001. As such, the regulation was deemed to be within the legislative powers granted to the Australian Capital Territory Executive.

In conclusion, the court upheld the validity of the Government Agencies (Land Acquisition Reporting) Amendment Regulation 2023 (No 1), finding it to be a proper exercise of the powers granted under the Government Agencies (Land Acquisition Reporting) Act 2018. The amendment is now in force, expanding the scope of prescribed acquisitions that must be reported under the Act.