Lands Acquisition Regulations (Cth)

STATUTORY RULES.

1927. No. 162.

REGULATION UNDER THE LANDS ACQUISITION ACT 1906-1916.

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 1906-1916 to come into operation forthwith.

Dated this 22 day of December, 1927.

Governor-General.

By His Excellency’s Command,

Minister of State for Works and Railways.

 

LANDS ACQUISITION REGULATIONS.

Short title.

1. These Regulations may be cited as the Lands Acquisition Regulations.

2. The Regulations made under the Lands Acquisition Act 1906-1916 and as amended to the date of the commencement of these Regulations are repealed.

Repeal forms

3. The forms set out in the Schedule may be used in proceedings under the Lands Acquisition Act 1906-1916, for which they are appropriate.

Official survey mark.

4. In the making of official surveys for the purposes of the Lands Acquisition Act 1906-1916, 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.

5. The survey mark described in regulation 2 shall not be used by surveyors carrying out private surveys or by other persons not authorized in that behalf by the Commonwealth Government.

Penalty: Ten pounds.

Damage to survey marks, &c.

6. No person shall wilfully obliterate, remove, or deface any Commonwealth survey mark or any landmark or beacon, which has been placed on or erected for the purposes of survey by or under the direction of the Commonwealth Government.

Penalty: Ten pounds.

Removal of trees bearing survey mark.

7. Nothing in these Regulations shall render the owner or occupier of any land liable to a penalty for the removal from such land of trees upon which a Commonwealth survey mark has been made if the removal of the trees is necessary for the purpose of fencing, clearing, or otherwise improving the land.

C.18216.—Price 3d.

 

Evidence may be given by affidavit or statutory declaration.

8. Upon the hearing of any application by the Minister in pursuance of section 38 or 39 of the Lands Acquisition Act 1906-1916, evidence may be given by affidavit or by statutory declaration under the Statutory Declarations Act 1911-1922, with regard to—

(a) the acquisition of the land;

(b) copies of notifications of acquisition being laid before the Parliament, and resolutions (if any) of either House of the Parliament in respect thereof;

(c) estates and interests of persons in the land;

(d) service on owners, leaving with occupiers, and affixing upon the land, of copies of notifications of acquisition;

(e) claims, or absence of claims, made for compensation in respect of acquisition of land;

(f) communications in writing by the Minister to claimants, and by claimants to the Minister in respect of such claims for compensation;

(g) agreements, arbitrations or actions (if any) to determine disputed claims for compensation; and

(h) with the leave of the Court, any other matter.

 

SCHEDULE.

Form A.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

NOTIFICATION OF THE ACQUISITION OF LAND BY THE COMMONWEALTH.

It is hereby notified and declared by His Excellency the Governor-General, acting with the advice of the Federal Executive Council, that the land hereunder described has been acquired by the Commonwealth under the Lands Acquisition Act 1906-1916, for the following public purpose, namely:—

Dated the day of One thousand nine hundred and

Governor-General.

By His Excellency’s Command,

Minister of State for Works and Railways.

Description of Land Referred to.

 

Form B.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

NOTICE OF ACQUISITION OF LAND, No.

Department of Works and Railways,

19

To

 of

And to all and every person whom it may concern.

I hereby notify you that the land hereunder described of which you are the * has been acquired by the Commonwealth of Australia under the Lands Acquisition Act 1906-1916.

The notification of the acquisition of the land prescribed by that Act was published in the Commonwealth Gazette of the day of 19 , and a copy of such notification, together with a plan of the land acquired, is herewith served upon you as* of the land.

I hereby also notify you that if you claim compensation in respect of the land so acquired you should, within 120 days (or such further time as the Minister may allow), from the date of the publication of the notification above referred to, serve upon the Minister of State for Works and Railways a notice, in writing, in accordance with the prescribed form, a copy of which is forwarded herewith.

Minister of State for Works and Railways.

“The owner” or “one of the owners.”

Description of Land Referred to.

Commonwealth of Australia. FORM C.

——

The Lands Acquisition Act 1906-1916.

——

CLAIM FOR COMPENSATION IN RESPECT OF LAND ACQUIRED AT

To the Minister of State for Works and Railways.

Pursuant to the Lands Acquisition Act 1906-1916 I/we hereby give you notice that I/we claim compensation in respect of the land mentioned and described in the notice served upon me/us and dated the day of , 19 being Notice of Acquisition of Land Number , which said land has been acquired by the Commonwealth of Australia under the said Act. The prescribed particulars are hereunder stated.

Particulars.

Name, address, and occupation of claimant. Nature of the estate, interest, or title of the claimant in such land. (If freehold, state whether tenant in fee, in tail, for life, or otherwise, and whether subject to any and what mortgage, and if any lease granted. If leasehold, state particulars, such as landlord’s name, term of years, rent, &c. If the claim is in respect of part only of the land shown on the plan annexed to the notice herein served on you, state the part claimed for, otherwise it will be presumed that you claim for the whole.) Particulars of Title, viz.:— Names of registered proprietors of land, registration numbers of documents of title, and system under which title is registered. Full particulars of claim, specifying separately the amount claimed as the value of interest of the claimant in the land and the damage suffered by reason of severance and depreciation, and giving particulars with rough sketch plan* of any lands in respect of which a claim is made for damage by reason of severance or depreciation. Names of persons having the custody of documents of title, and where the same may be inspected. Names of occupiers, distinguishing whether tenants at will, or under lease reserved, terms, &c.

Dated the day of , 19 .

(Signature)

(Address)

* The plan referred to should be attached to this claim.

 

Commonwealth of Australia, Form D.

——

The Lands Acquisition Act 1906-1916.

——

In re land at

CLAIM FOR COMPENSATION FOR DAMAGE CAUSED BY THE EXERCISE OF POWERS UNDER PART III. OF THE ACT.

To the Minister of State for Works and Railways.

Pursuant to the Lands Acquisition Act 1906-1916 I/we hereby give you notice that I/we claim compensation for damage suffered by me/us by reason of the exercise by the Minister of powers under Part III. of the above Act on the lands hereunder specified. The prescribed particulars are hereunder stated.

Name, address and occupation of claimant. Short description of the land in respect of which the claim is made.* Capacity in which the claim is made (such as owner or lessee of the land). Amount of compensation claimed. Particulars of the damage claimed for, giving the heads of damage and the amount claimed in respect of each such head.

Dated the day of 19 .

(Signature)

(Address)

* A rough sketch plan of the land in respect of which the compensation is claimed should be attached to this claim.

 

Form E.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

notice Admitting claim for compensation.

To

of 

Take notice that I admit your claim for compensation in respect of the land acquired by the Commonwealth, and referred to in the Notice of Acquisition of Land No.

The amount of compensation claimed, viz. £, will be paid to you on compliance with the above Act.

To enable you to comply with the Act, you should follow the directions set out on the back of this notice.

Dated the day of 19

Minister of State for Works and Railways.

——

DIRECTIONS TO CLAIMANT.

1. All deeds or documents in your possession or under your control relating to or evidencing your title to the said land should be produced to the Department or its representative for inspection by the Attorney-General or his representative, if necessary.

2. Fill in and sign in the presence of a witness the attached form of “Certificate by Claimant”, and produce same when completed to the Department or its representative with your title deeds.

3. Sign and return the attached Voucher claiming the amount of the Compensation.

——

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

CERTIFICATE BY CLAIMANT.

I hereby certify—

Set forth all deeds and documents referred to and produced for inspection.

(a) That there are no documents or evidences of title in my possession or under my control affecting the land acquired by the Commonwealth and referred to in the Notice of Acquisition of Land No. other than the following:—

Set forth all mortgages, leases, encumbrances, or interests affecting the land, if any.

(b) That I am not aware of any mortgage, lease or encumbrance affecting the said land, or that any other person hath any estate or interest therein at law or in equity, in possession, remainder, reversion or expectancy, other than the following:—

Dated the day of 19

Claimant.

 

Form F.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

NOTICE OF OFFER BY THE MINISTER IN SATISFACTION OF A CLAIM FOR COMPENSATION.

To

of

Take notice that I offer you the sum of in satisfaction of your claim for compensation in respect of the land acquired by the Commonwealth, and referred to in the Notice of Acquisition of Land No.

If you accept this offer, the amount offered 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 Works and Railways.

——

Form G.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

NOTICE DISPUTING A CLAIM FOR COMPENSATION.

To

of

Take notice that I dispute your claim for compensation in respect of the land acquired by the Commonwealth, and referred to in the Notice of Acquisition of Land, No.  published in the Commonwealth Gazette No. of 

Dated the day of 19

Minister of State for Works and Railways.

——

Form H.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

NOTICE BY A CLAIMANT THAT HE DOES OR DOES NOT ACCEPT THE MINISTER’S OFFER IN SATISFACTION OF A CLAIM FOR COMPENSATION.

To the Minister of State for Works and Railways.

I/We hereby give notice that I/we (a) accept your offer of £ with interest to the date of payment in satisfaction of my/our claim for compensation in respect of 

Dated the day of 19 

(a) If the offer is not accepted insert here the words “do not.”

Note.—This notice must be sent to the Minister within sixty days after the receipt of his offer.

 

Form I.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

NOTICE BY THE MINISTER TO A MORTGAGEE OF INTENTION TO PAY OFF HIS MORTGAGE.

To

of

Take notice that I intend, at or before the expiration of six months from the date of this notice, to pay off your mortgage over the land hereunder described, and to pay to you the amount to which you are entitled under section 48 of the above Act, a copy of which section is indorsed on the back of this notice.

Dated the day of 19 .

Minister of State for Works and Railways.

Description of Land Referred to.

The Lands Acquisition Act 1908-1916 reads as follows:—

48. (1) If any land acquired under this Act by agreement is subject to a Mortgage the Minister may pay off the mortgage.

(2) In order thereto the Minister shall give notice to the mortgagee that he intends at or before the expiration of six months from the date of the notice to pay off the mortgage and to pay to the mortgagee the amount to which he is entitled under this section.

(3) The amount to which a mortgagee is entitled under this section shall be—

(a) The principal secured by the mortgage; and

(b) The interest due at the date of the notice and six months’ additional interest; and

(c) The costs and charges (if any) due to the mortgagee under the mortgage; and

(d) The mortgagee’s costs of discharging the mortgage and conveying his interest in the land to the Commonwealth; and

(e) In case the mortgage is paid off prematurely a sum to meet the costs of reinvestment of the principal; and

(f) In case the mortgage is paid off prematurely and the rate of interest secured by the mortgage is higher than the interest which can reasonably be expected to be obtained on the reinvestment, regard being had to the then current rate of interest, a sum to meet the loss sustained by the mortgagee by reason of the premature repayment of the principal.

(4) The mortgagee shall thereupon, and upon payment or, tender to him, within the time specified in the notice, of the amount to which he is entitled under this section, execute a discharge of the mortgage and any conveyance necessary to convey his interest in the land to the Commonwealth.

(5) If a mortgagee fails to execute a discharge of the mortgage and any conveyance necessary to convey his interest in the land to the Commonwealth as required by this section, the Minister may assess the amount to which the mortgagee is entitled, and may deposit the amount in the Treasury with a statement of the facts relating to the deposit.

(6) After the deposit has been made, the Attorney-General may, for and on behalf of the Commonwealth, execute a Deed Poll containing a description of the land in respect of which and describing the circumstances under which the deposit was made, and the names of parties concerned, and may cause the Deed Poll to be registered.

(7) Upon the registration of the Deed Poll the land mentioned therein shall be freed and discharged from the mortgage and all interest of the mortgagee in the land shall vest in the Commonwealth.

 

Form J.

Commonwealth of Australia

The Lands Acquisition Act 1906-1916.

In re land at

NOTICE ADMITTING CLAIM FOR COMPENSATION UNDER PART III. OF THE ACT.

To

of

Take notice that I admit your claim, dated the day of 19 for compensation for damage suffered by you by reason of the exercise by the Minister of powers under Part III. of the above Act, in respect of the land hereunder described.

The amount of compensation claimed, viz., £ will be paid to you on compliance with the above Act.

To enable you to comply with the Act, you should follow the directions set out on the back of this notice.

Dated the day of 19 .

Minister of State for Works and Railways.

Description of Land Referred to.

——

DIRECTIONS TO CLAIMANT.

1. All deeds or documents in your possession or under your Control relating to or evidencing your title to the said land should be produced to the Department or its representative for inspection by the Attorney-General or his representative, if necessary.

2. Fill in and sign in the presence of a witness the attached form of “Certificate by Claimant” and produce same when completed to the Department or its representative with your title deeds.

3. Sign and return the attached Voucher claiming the amount of the compensation.

 

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

CERTIFICATE BY CLAIMANT.

I hereby certify—

Set forth all deeds and documents referred to and produced for inspection.

(a) That there are no documents or evidences of title in my possession or under my control affecting the land hereunder described other than the following:—

Set forth all mortgages, leases, encumbrances, or interests affecting the land, if any.

(b) That I am not aware of any mortgage, lease, or encumbrance affecting the said land, or that any other person hath any estate or interest therein at law or in equity, in possession, remainder, reversion or expectancy, other than the following:—

Dated the day of 19 .

Claimant.

Description of Land Referred to.

 

Form K.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

NOTICE OF OFFER BY THE MINISTER IN SATISFACTION OF A CLAIM FOR COMPENSATION UNDER PART III. OF THE ACT.

To

of

Take notice that offer you the sum of £ with/without interest from the time when your right to compensation arose to the date of acceptance by you of this offer, in satisfaction of your claim dated the day of 19 , for compensation for damage suffered by you by reason of the exercise by the Minister of powers under Part III. of the above Act in respect of the land hereunder described.

If you accept this offer, the amount offered will be paid to you on compliance with the above Act, with interest from the date of such acceptance, at the rate of 3 per centum per annum.

Yon 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 Works and Railways.

Description of Land Referred to.

——

Form L.

Commonwealth of Australia.

The Lands Acquisition Act 1906-1916.

In re land at

NOTICE DISPUTING A CLAIM FOR COMPENSATION UNDER PART III. OF THE ACT.

To

of

Take notice that I dispute your claim dated the day of 19 for compensation for damage alleged to have been suffered by you by reason of the exercise by the Minister of powers under Part III. of the above Act, in respect of the lands hereunder described.

Dated the day of 19  .

Minister of State for Works and Railways.

Description of Land referred to.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.