Lands Acquisition Regulations (Amendment) (Cth)

STATUTORY RULES.

1937. No. 20.

––––––––

REGULATION UNDER THE LANDS ACQUISITION ACT 1906-1936.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Lands Acquisition Act 1906-1936.

Dated this seventeenth day of February, 1937.

SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for Minister of State for the Interior.

–––––––

Amendment of Land Acquisition Regulations. 

Reference to Act, &c.

1. The Lands Acquisition Regulations are amended—

(a) by omitting the words “Lands Acquisition Act 1906-1916” wherever occurring) and inserting in their stead the words “Lands Acquisition Act 1906-1936”; and

(b) by omitting the words “Works and Railways” (wherever occurring) and inserting in their stead the words “the Interior”.

(2.) Regulation 3 of the Lands Acquisition Regulations is repealed and the following regulation inserted in its stead:—

Forms.

“3.—(1.) The notification of the acquisition by the Commonwealth of land in pursuance of the Lands Acquisition Act 1906-1936 and the notice to be served on the owners of the land may be in accordance with Form A and Form B in the Schedule to these Regulations.

(2.) A claim for compensation shall be in accordance with Form C1, Form C2 or Form D in the Schedule to these Regulations as the case requires.

(3.) Forms E, F, G, H, I, J and K in the Schedule may be used for the purpose of notices relating to claims for compensation.

Amendment of Schedule.

3. The Schedule to the Lands Acquisition Regulations is amended by omitting Forms C and F and inserting in their stead the following

Forms :—

FORM C1.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1936.

CLAIM FOR COMPENSATION AS OWNER IN RESPECT OF LAND ACQUIRED AT..............

(This form should be used by any person (other than a lessee, tenant or other occupant) who owns an estate or interest in the land. It may be used

 

* Notified in Commonwealth Gazette on  , 1937

  Statutory Rules 1927, No. 162, as amended by Statutory Rules 1931, No. 62

585. — 6/5.2.1937.—Price

for a joint claim by mortgagee and mortgagor. Claims by lessees, tenants or other occupants should be in Form C 2.)

To the Minister of State for the Interior.

Pursuant to the Lands Acquisition Act 1900-1936 I/We hereby claim compensation and furnish particulars, as set out hereunder, in respect of the land described in the notice served upon me/us and dated the ....................

day of..........................19.... being Notice of Acquisition of Land Number................

At the date of acquisition I was/We were the owner of the whole/part of the land

acquired.

Compensation Claimed.

Item.	Amount attributable to Item.
	£
1. Unimproved value of the land acquired from claimant	..............................
2. (If improved land) amount of added value given by the improvements to the land acquired from claimant	..............................
3. If compensation is claimed for any other items, such as business loss &c., each item and the amount attributable to that item, must be specified here.
...............................................................................................................	..............................
...............................................................................................................	..............................
...............................................................................................................	..............................
4. Total value of the land acquired from claimant.	..............................
5.Less—
If the total value of the land is reduced by any estate interest or right specified in paragraph (g)or (h) of the particulars hereunder, the estate interest or right and the amount of the reduction must be stated here.	..............................
...............................................................................................................	..............................
6. Net value of the land acquired from claimant
7. Damage (if any) caused by severance (See Section 28 hereunder.)	..............................
8. Depreciation (if any) in value of other land. (See Section 28 hereunder.)
9. Less—
Enhancement (if any) in value of other land. (See Section 28 hereunder.)	..............................
10. Total amount of compensation claimed.

Particulars.

(a) Name, address and occupation of claimant.

(b) Nature of the estate, interest or title of the claimant to the land acquired from him.

(c) Particulars of title to land acquired from claimant.

(d) Name and address of person having the custody of documents of title.

(e) Full particulars (including value) of the improvements (if any) on the land acquired from claimant.

(f) If the land acquired from claimant or any part of it was at the date of acquisition the subject of a contract of sale or option to purchase, state in respect of each contract of sale or option to purchase—

(1) Date of contract or option.

(2) Name and address of vendor or donor.

(3) Name and address of purchaser or donee.

(4) Date on which possession given or option to be exercised.

(5) Amount of purchase price.

(6) (If purchase money payable by instalments) period for payment, amount of each instalment and rate of interest payable.

(7) Amount of purchase money and interest thereon (stating each amount separately) unpaid at date of acquisition.

(If the subject of the contract of sale or option to purchase was less than the whole of the land claimed for, a sketch plan indicating the land the subject of the contract or option must be attached.)

(g)If the land acquired from claimant or any part of it was at the date of acquisition the subject of a lease, tenancy or other occupancy, state in respect of each lease, tenancy or other occupancy—

(1) Date of document.

(2) Name and address of lessee, tenant or occupant.

(3) Term, and date of commencement.

(4) Rent payable.

(5) Any special covenants or conditions.

(h) If the land acquired from claimant was at the date of acquisition subject to any mortgage, encumbrance or any right, power or privilege over, in, or in connexion therewith, give full particulars.

(i) If the claim is for part only of the land acquired a sketch plan showing the part claimed for must be attached to this claim.

(j)If compensation is claimed for damage by severance from other land or for depreciation or, enhancement in value of other land, a sketch plan showing such other land must be atached to this claim.

Dated the............................................day of……………………………......................, 19....

Signature…………………………………………................................

Witness......................................

Address................................

...................................

Note.—Attention is invited to Sections 28 and 29 of the Lands Acquisition Act 1906-1936, which are as follows :—

“28.— (1.) In determining the compensation under this Act, regard shall be had (subject to this Act) to the following matters :—

(a) The value of the land acquired;

(b) The damage caused by the severance of the land acquired from other land of the person entitled to compensation; and

(c) The enhancement or depreciation in value of other land adjoining the land taken or severed therefrom of the person entitled to compensation by reason of the carrying out of the public purpose for which the acquired land was acquired.

(2.) The enhancement or depreciation in value shall be set off against or added to the amount of the value and damage specified in paragraphs (a)and (b) of sub-section (1.) of this section.”

“29.—(1.) The value of any land acquired by compulsory process shall be assessed as follows:—

(a)In the case of land acquired for a public purpose not authorized by a Special Act, according to the value of the land on the first day of January last preceding the date of acquisition ; and

(b) In the case of land acquired for a public purpose authorized by a Special Act, according to the value of the land on the first day of January last preceding the first day of the Parliament in which the Special Act was passed.

(2.) The value of the land shall be assessed without reference to any increase in value arising from the proposal to carry out the public purpose.”

‘‘Special Act” is defined in Section 5 of that Act as meaning any Act authorizing the carrying out of any public work in connexion with any public purpose.

Form C2.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1936.

CLAIM FOR COMPENSATION AS LESSEE, TENANT OR OCCUPANT IN RESPECT OF LAND ACQUIRED AT.........................

To the Minister of State for the Interior.

Pursuant to the Lands Acquisition Act 1906-1936 I/We hereby claim compensation, and furnish particulars, as set out hereunder, in respect of the land described in the notice served upon me/us and dated the..................day of ..................19 , being Notice of Acquisition of Land Number......

At the date of acquisition I was/we were the lessee/tenant/occupant whole/part of the land

acquired.

Compensation Claimed.

Item.

Amount attributable to Item.

£

1. Value of estate or interest of the lessee, tenant or occupant in the land the subject of the lease, tenancy or occupancy.

........................

2. (If compensation is claimed for any other items, such as business loss, &c., each item and the amount attributable to that item, must be specified here) —

...............................................................................................................

........................

.........

........................

.........

........................

3. Total value of the estate or interest of the lessee, tenant or occupant in the land the subject of the lease, tenancy or occupancy..........................

........................

4. Damage (if any) caused by severance. (See Section) 28 hereunder.)

........................

5. Depreciation (if any) in value of other land. (See Section 28 hereunder.)

........................

Less—

6. Enhancement (if any) in value of other land. (See Section 28 hereunder.)

7. Total amount of compensation claimed.

Particulars.

(a) Name, address and occupation of claimant.

(b) Particulars of lease, tenancy or occupancy—

(1) Date of document.

(2) Name and address of lessor or landlord.

(3) Term, and date of commencement.

(4) Rent payable.

(5) Any special covenants or conditions.

(c) If lease registered, particulars of registration.

(d) Name and address of person having custody of document of lease, tenancy or occupancy.

(e) If the lease, tenancy or occupancy was at the date of acquisition subject to any mortgage, or encumbrance, give full particulars.

(f) If the claim is for part only of the land acquired a sketch plan showing the part claimed for must be attached to this claim.

(g)If compensation is claimed for damage by severance from other land or for depreciation or enhancement in value of other land, a sketch plan showing such other land must be attached to this claim.

Dated the............................................................day of……………..............., 19...

Witness................................................ Signature………....................

Address.......................................................

…………………………………………………….

Note.—Attention is invited to Sections 28 and 29 of the Lands Acquisition Act 1906-1936, which are as follows:—

“28.—(1.) In determining the compensation under this Act, regard shall be had (subject to this Act) to the following matters:—

(a) The value of the land acquired;

(b) The damage caused by the severance of the land acquired from other land of the person entitled to compensation; and

(c) The enhancement or depreciation in value of other land adjoining the land taken or severed therefrom of the person entitled to compensation by reason of the carrying out of the public purpose for which the acquired land was acquired.

(2.) The enhancement or depreciation in value shall be set off against or added to the amount of the value and damage specified in paragraphs (a) and (b) of sub-section (1.) of this section.”

“29.—(1.) The value of any land acquired by compulsory process shall be assessed as follows:—

(a) In the case of land acquired for a public purpose not authorized by a Special Act, according to the value of the land on the first day of January last preceding the date of acquisition ; and

(b)In the case of land acquired for a public purpose authorized by a Special Act, according to the value of the land on the first day of January last preceding the first day of the Parliament in which the Special Act was passed.

(2.) The value of the land shall be assessed without reference to any increase in value arising from the proposal to carry out the public purpose.”

“Special Act” is defined in Section 5 of that Act as meaning any Act authorizing the carrying out of any public work in connexion with any public purpose.”

––––––––

“Commonwealth of Australia. Form F.

The Lands Acquisition Act 1900-1916.

In re land at ...................................

NOTICE ADMITTING CERTAIN ITEMS OF CLAIM FOR COMPENSATION AND SPECIFYING AMOUNTS OFFERED IN RESPECT OF ITEMS NOT ADMTTED.

To................................................................., of…………………………...............................

Take Notice that I admit your claim for compensation dated the........

day of...............................19…………..., in respect of the following items, namely—

Items Admitted.

No. of Item. Particulars of Item. Amount.

and that, in respect of each of the items in that claim not so admitted, I offer the amount (if any) specified in the table hereunder opposite that item.

Items not Admitted and Offers.

No. of Item. Particulars of Item. Amount Offered.

If you accept this offer the total amount of compensation, viz., £..........will be paid to you on compliance with the above Act, with interest from the date of acquisition to the date of payment at the rate of 3 per centum per annum.

You are required, within sixty days after the receipt of this offer, to notify me in writing whether you do or do not accept this offer.

Dated the......................................day of................... 19

………………………………………….

Minister of State for the Interior.”

––––––––––––––––––

By Authority.: L. F. Johnston, Commonwealth Government Printer, Canberra.