Lands Acquisition Regulations 1989 (Cth)

Lands Acquisition Regulations 1989

Statutory Rules 1989 No. 111 as amended

made under the

Lands Acquisition Act 1989

This compilation was prepared on 4 March 2010

taking into account amendments up to SLI 2010 No. 22

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Lands Acquisition Regulations 1989.

2Interpretation

 In these Regulations, unless the contrary intention appears:

the Act means the Lands Acquisition Act 1989.

3Exempt authorities

 For the purposes of paragraph (b) of the definition of Commonwealth authority in section 6 of the Act, each of the authorities specified in Column 2 in Schedule 1 is declared to be an exempt authority.

4Specified circumstance – paragraph 21 (1) (b) of the Act

The Act does not apply in relation to the acquisition by the Aboriginal and Torres Strait Islander Commission of an interest in land under section 14 of the Aboriginal and Torres Strait Islander Commission Act 1989 for the benefit of, or assistance to, Aboriginal and Torres Strait Islander corporations.

4ASpecified circumstances – paragraph 21 (1) (b) of the Act (Pipeline Authority and its subsidiaries)

 The Act does not apply in relation to an acquisition by the Pipeline Authority, or a subsidiary company of the Authority, of an interest in land (including land in a public park) by agreement, under the Pipeline Authority Act 1973.

4BSpecified circumstances – paragraph 21 (1) (b) of the Act (defence housing)

 The Act does not apply in relation to the acquisition by the Commonwealth from the Defence Housing Authority of an interest in land, other than a freehold interest, for the purpose of providing housing to meet the operational needs of the Defence Force.

4CSpecified circumstance – paragraph 21 (1) (b) of the Act (lease of township area vested in the Tiwi Aboriginal Land Trust)

• (1)

  The Act does not apply in relation to the acquisition by the Commonwealth of a lease of the land mentioned in subregulation (2) in the circumstance that the acquisition occurs in accordance with section 19A of the Aboriginal Land Rights (Northern Territory) Act 1976.

• (2)

  The land is the parcel of land on Bathurst Island in the Northern Territory with an area of 454 hectares more or less, being Northern Territory Portion 6798, delineated on Survey Plan S2007/183 lodged with the Northern Territory Surveyor‑General in Darwin.

• (3)

  This regulation ceases to have effect at the end of 31 March 2008.

5Interest payable on compensation – interests other than mortgage interests

 For the purposes of subsection 91 (2) of the Act, the rate of interest payable on compensation is the rate that is the assessed secondary market yield, in respect of 5‑year non‑rebate Treasury bonds, published by the Reserve Bank in respect of a month in respect of which the Commonwealth is liable to pay compensation to the relevant claimant under Part VII of the Act.

6Interest payable in compensation

 For the purposes of subsection 115 (2) of the Act, the rate of interest payable on compensation is the rate that is the assessed secondary market yield, in respect of 5‑year non‑rebate Treasury bonds, published by the Reserve Bank in respect of a month in respect of which the Commonwealth is liable to pay compensation to the relevant claimant under Part VIII of the Act.

7ASpecified circumstances – paragraph 117 (1) (b) of the Act (Pipeline Authority and its subsidiaries)

 The Act does not apply in relation to a disposal by the Pipeline Authority, or a subsidiary company of the Authority, of an interest in land (including land in a public park) by agreement, under the Pipeline Authority Act 1973.

7BSpecified circumstances – paragraph 117 (1) (b) of the Act (defence housing)

 The Act does not apply in relation to the disposal by the Commonwealth of an interest in land, other than a freehold interest, for the purpose of providing housing to meet the operational needs of the Defence Force.

7CSpecified circumstances – paragraph 117 (1) (b) of the Act (Albury‑Wodonga Development Corporation)

 The Act does not apply in relation to the disposal by the Albury‑Wodonga Development Corporation of an interest in land for the purpose of managing or disposing of assets under the Albury‑Wodonga Development Act 1973.

8Prescribed address (Act s 137)

 For subsection 137 (1) of the Act, the following address is prescribed:

 Secretary

 Department of Finance and Administration

 John Gorton Building

 King Edward Terrace

 CANBERRA   ACT   2600

Note   Subsection 137 (1) of the Act deals with addresses at which a document is to be given to the Minister.

Schedule 1Exempt authorities

(regulation 3)

  

Column 1

Item No.

Column 2

Authority

1

Australian Broadcasting Corporation

1A

Australian Dairy Corporation

2

Australian Dried Fruits Corporation

3

Australian Honey Board

3A

Australian Horticultural Corporation

3B

Australian Horticultural Research and Development Corporation

4

Australian Industry Development Corporation

4A

Australian Maritime Safety Authority

5

Australian Meat and Livestock Corporation

5A

Australian Meat and Livestock Research and Development Corporation

5B

Australian National Railways Commission

5BA

Australian National University

5C

Australian Postal Corporation

5D

Australian Securities Commission

5E

Australian Shipping Commission

5F

Australian Telecommunications Corporation

6

Australian Tobacco Board

7

Australian Wheat Board

8

Australian Wine and Brandy Corporation

9

Australian Wool Corporation

10

Commonwealth Banking Corporation

11

Commonwealth Development Bank

12

Commonwealth Savings Bank

13

Commonwealth Trading Bank

13B

Indigenous Business Australia

13C

Indigenous Land Corporation

14

Joint Coal Board

15

Reserve Bank of Australia

17

Snowy Mountains Hydro‑electric Authority

18

Special Broadcasting Service

Notes to the Lands Acquisition Regulations 1989

Note 1

The Lands Acquisition Regulations 1989 (in force under the Lands Acquisition Act 1989) as shown in this compilation comprise Statutory Rules 1989 No. 111 amended as indicated in the Tables below.

Table of Instruments

Year and number		Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1989 No. 111	7 June 1989		9 June 1989 (see Gazette 1989, No. S185)
1989 No. 274	19 Oct 1989		19 Oct 1989		—
1990 No. 291	21 Sept 1990		21 Sept 1990		—
1993 No. 56	4 May 1993		4 May 1993		—
1993 No. 325	10 Dec 1993		9 Nov 1993 (see r. 1)		R. 3
1994 No. 389	25 Nov 1994		25 Nov 1994		—
1995 No. 110	31 May 1995		1 June 1995		—
1995 No. 112	6 June 1995		6 June 1995		—
2000 No. 304	16 Nov 2000		16 Nov 2000		—
2004 No. 20	26 Feb 2004		26 Feb 2004		—
2004 No. 82	30 Apr 2004		30 Apr 2004		—
2005 No. 8	14 Feb 2005 (see F2005L00220)		15 Feb 2005		—
2005 No. 156	8 July 2005 (see F2005L01694)		9 July 2005		—
2005 No. 207 (a)	19 Sept 2005 (see F2005L02673)		1 Oct 2005 (see r. 2)		—
2007 No. 223	23 July 2007 (see F2007L02272)		24 July 2007		—
2010 No. 22	3 Mar 2010 (see F2010L00539)		4 Mar 2010		—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1........................................	rs. 2000 No. 304
R. 4........................................	rs. 1990 No. 291
R. 4A.....................................	ad. 1994 No. 389
R. 4B.....................................	ad. 1995 No. 112
R. 4C.....................................	ad. 2007 No. 223
R. 7........................................	rs. 1990 No. 291
rep. 2004 No. 82
R. 7A.....................................	ad. 1994 No. 389
R. 7B.....................................	ad. 1995 No. 112
R. 7C.....................................	ad. 2004 No. 20
R. 8........................................	rs. 2000 No. 304; 2005 No. 8
Schedule 1
Schedule 1...........................	am. 1989 No. 274; 1990 No. 291; 1993 Nos. 56 and 325; 1995 No. 110; 2005 Nos. 156 and 207; 2010 No. 22
Schedule 2
Schedule 2...........................	rep. 2000 No. 304