STATUTORY RULES.
1956. No. 23.
REGULATIONS
UNDER THE LANDS ACQUISITION ACT 1955.*
I, THE
GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the Lands Acquisition Act 1955.
Dated this sixth
day of March ,1956.
W. J. Slim
Governor-General.
By His Excellency's Command,
Minister
of
State
for the Interior.
Lands Acquisition Regulations.
Citation.
1. These
Regulations may be cited as the Lands Acquisition Regulations.
Official survey mark.
2. In
the making of official surveys for the purposes of the Lands
Acquisition Act 1955, the distinguishing mark to be used
by the surveyors carrying out the surveys shall be in the form of a broad arrow
with a horizontal line beneath it.
Official mark not to be used for private surveys.
3. Except
with the authority of the Minister, a person shall not use the survey mark
referred to in the last preceding regulation otherwise than in pursuance of
that regulation.
Penalty: Ten pounds.
Damage to survey marks, &c.
4. A
person shall not, without lawful authority, wilfully obliterate, remove or
deface a survey mark, landmark or beacon which has been placed or erected on
land for the purposes of the Lands Acquisition Act 1955.
Penalty: Ten pounds.
Removal of trees bearing survey marks.
5. Nothing
in these Regulations renders the owner or occupier of land liable to a penalty
for the removal from that land of a tree upon which a survey mark has been made
if the removal of the tree is necessary for the purpose of fencing, clearing,
or otherwise improving the land.
* Notified in the Commonwealth Gazette on , 1956.
6566/55.—Price 3d. 9/9.2.1956.
Evidence by affidavit or statutory declaration.
6. Upon
an application by the Commonwealth in pursuance of section 29 of the Lands
Acquisition Act 1955, evidence may be given by affidavit
or by statutory declaration with regard to—
(a)
things done under or for the purposes of section nine of that Act, and the
receipt or non-receipt of particulars under sub-section (3.) of the
last-mentioned section;
(b)the
acquisition of the land.;
(c)
copies of notices of acquisition being laid before the Parliament, and
resolutions or absence of resolutions of either House of the Parliament in
respect of those notices;
(d)interests
of persons in the land;
(e)
service of copies of notices of acquisition;
(f)
claims or absence of claims for compensation in respect of acquisition of land;
(g)communications
in writing by the Minister to claimants, and by claimants to the Minister in
respect of claims for compensation;
(h)agreements,
arbitrations or actions in relation to claims for compensation;
(i) the value of the land; and
(j)
with the leave of the Court, any other matter.
State laws relating to mining.
7. Where
the law of a State relating to mining is inconsistent with a term, condition,
stipulation or requirement contained in a lease or licence
to mine for metals or minerals on land situate in a State which is vested in
the Commonwealth that law, to the extent to which it is so inconsistent, does
not apply to the lease or licence or to mining
carried on by virtue of the lease or licence.
Address for service on Minister.
8. The
address at which a claim, notice or other document required or permitted by the
Lands
Acquisition Act 1955 to be served on or given to the
Minister shall be served or given by post is the address set out in the
following table opposite to the name of the State or Territory of the
Commonwealth in which is situate the land to which the claim, notice or other
document relates:—
State or Territory. | Address. |
New South Wales............................ | Care of the Chief Property Officer,
Department of the Interior, Sydney
|
Victoria...........................................
| Care of the Chief Property Officer,
Department of the Interior, Melbourne
|
Queensland.....................................
| Care of the Chief Property Officer,
Department of the Interior, Brisbane
|
South Australia................................ | Care of the Chief Property Officer,
Department of the Interior, Adelaide
|
Western Australia............................ | Care of the Chief Property Officer,
Department of the Interior, Perth
|
Tasmania ........................................ | Care of the Official Representative,
Department of the Interior, Hobart
|
Australian Capital Territory ............. | Care of the Chief Property Officer,
Department of the Interior, Canberra
|
Northern Territory of Australia | Department of Territories, Canberra |
By Authority: A. J. Arthur, Commonwealth Government Printer,
Canberra.