Lands Acquisition Act 1955

Legislation au C1955A00069 Not in force Act

Legislation content

LANDS ACQUISITION.

 

No. 69 of 1955.

An Act to make provision for the Acquisition by the Commonwealth of Land required for Public Purposes and for dealing with Land so acquired, and for other purposes.

[Assented to 4th November, 1955.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1. This Act may be cited as the Lands Acquisition Act 1955.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Repeal and saving.

3.—(1.) The Lands Acquisition Act 1906, the Lands Acquisition Act 1912, the Lands Acquisition Act 1916, the Lands Acquisition Act 1932 and the Lands Acquisition Act 1936 are repealed.

(2.) Notwithstanding the repeals effected by the last preceding sub-section, the provisions of the Lands Acquisition Act 1906–1936 (other than sections fifty-nine, sixty-two, sixty-two a, sixty-three and sixty-six) continue to apply in relation to land acquired, or agreed to be


acquired, by the Commonwealth before the commencement of this Act, and the provisions of this Act (other than Part VII. and section fifty seven) do not apply in relation to that land.

Parts.

4. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–5).

Part II.—Acquisition of Land.

Division 1.—Modes of Acquisition (Section 6).

Division 2.—Acquisition by Agreement (Sections 7–8).

Division 3.—Acquisition by Compulsory Process (Sections 9–15).

Part III.—Powers in Relation to Land (Sections 16–19).

Part IV.—Compensation for Acquisition by Compulsory Process.

Division 1.—Claims for Compensation (Sections 20–21).

Division 2.—Principles upon which Compensation is to be Assessed (Sections 22–23).

Division 3.—Determination of Compensation by Agreement (Sections 24–25).

Division 4.—Determination of Compensation by Arbitration (Sections 26–27).

Division 5.—Determination of Compensation by a Court (Sections 28–31).

Division 6.—Payment of Compensation and Interest (Sections 32–36).

Part V.—Persons under Disability and certain Limited Owners (Sections 37–39).

Part VI.—Mortgages over Land acquired by Compulsory Process (Sections 40–50).

Part VII.—Dealings in Land vested in the Commonwealth (Sections 51–54).

Part VIII.—Miscellaneous (Sections 55–68).

Interpretation

5.—(1.) In this Act, unless the contrary intention appears—

“claimant” means a person who, or a State which, has made a claim for compensation under this Act ;

“court of summary jurisdiction”, in relation to proceedings in respect of land, means a court of summary jurisdiction of a State or Territory of the Commonwealth constituted by a Police, Stipendiary, Resident or Special Magistrate, being a court which has jurisdiction in respect of the locality in which the land, or part of the land, is situated ;

“Crown land” means land the property of a State, but does not include an interest of a person other than the State in…

Overview

The Lands Acquisition Act 1955 was enacted to provide a framework for the acquisition by the Commonwealth of land required for public purposes and to address the gaps left by the previous Lands Acquisition Acts of 1906, 1912, 1916, 1932, and 1936. This Act was passed by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and came into operation on a date fixed by Proclamation. The primary objective of the Act is to establish a consistent and streamlined process for the acquisition of land by the Commonwealth, ensuring that the acquisitions are carried out on just terms and with adequate compensation for those affected. The Act also provides for the management and disposition of acquired land, ensuring it is used effectively for public purposes.

Scope and Application

The Lands Acquisition Act 1955 applies to the Commonwealth, which includes the government and its agencies, in its acquisition of land for public purposes. The Act covers both the acquisition of land by agreement and by compulsory process, and outlines the procedures and principles for determining compensation. The Act applies to all land within the Commonwealth of Australia, including territories. However, it does not apply to land dedicated or reserved for public parks or recreation under state or territory laws. The Act provides for the vesting of land in the Commonwealth, the payment of compensation to landowners, and the determination of compensation by agreement, arbitration, or court. The Act also allows for the delegation of certain powers and functions to other officers or agencies. Subordinate regulations may be made to provide further details or procedures required by the Act.

Key Provisions

  • The Lands Acquisition Act 1955 outlines the process by which the Commonwealth can acquire land for public purposes. The Act allows for both voluntary agreements between the Commonwealth and land owners, as well as compulsory acquisition if an agreement cannot be reached. The key provisions are as follows:
  • Main Operative Sections:
  • - Section 6 allows the Commonwealth to acquire land by agreement or by compulsory process for public purposes.
  • - Section 7 allows the Governor-General to authorize agreements for land acquisition.
  • - Section 9 requires the Minister to serve a notice to treat to land owners before recommending compulsory acquisition.
  • - Section 10 outlines the process for compulsory acquisition after a notice to treat is served.
  • Obligations and Requirements:
  • - The Commonwealth must serve a notice to treat to land owners before recommending compulsory acquisition (Section 9).
  • - The Minister must consider claims for compensation and determine if compensation is payable (Sections 20-21).
  • - Land owners must provide particulars of their interest in the land within 14 days of receiving a notice to treat (Section 9).
  • - The Commonwealth must pay compensation for land acquired by compulsory process (Section 32).
  • Offences, Penalties and Consequences:
  • - Failure to comply with the requirements of the Act, such as failing to serve a notice to treat, could result in liability for compensation to land owners (Section 9).
  • - The Act does not explicitly outline criminal penalties for breaches, but civil penalties could include liability for compensation.
  • In summary, the key provisions relate to the modes of land acquisition, the requirements for serving notices and considering compensation claims, and the obligations of the Commonwealth to compensate land owners for land acquired by compulsory process. While the Act does not outline criminal penalties, failure to comply with its requirements could result in liability for compensation.

Legal classification tags

Area of Law
Property Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Compensation for Acquisition by Compulsory Process
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.