Lands Acquisition Regulations (Provisional) (Cth)

STATUTORY RULES.

1907. No. 77.

PROVISIONAL REGULATIONS UNDER THE LANDS ACQUISITION ACT 1906.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that on account of urgency the following Regulations under the Lands Acquisition Act 1906 should come into immediate operation upon the commencement of that Act, and make the Regulations to come into operation as Provisional Regulations on the 1st day of July, 1907, being the day fixed for the commencement of that Act.

Dated the fifth day of July, 1907.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

J. H. KEATING,

Minister of State for Home Affairs.

 

FORMS FOR USE UNDER ACT.

1. The forms set out in the schedule may be used in proceedings under the Lands Acquisition Act 1906, for which they are appropriate.

Schedule.

Form A.

Commonwealth of Australia.

The Lands Acquisition Act 1906.

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, for the following public purpose, namely :—

Dated the day of , 19 .

Governor-General.

By His Excellency’s Command,

Minister of State for Home Affairs.

Description of Land Referred to.

 

Form B.

Commonwealth of Australia.

The Lands Acquisition Act 1906.

In re land at

NOTICE OF ACQUISITION OF LAND, No.

Department of Home Affairs,

190 .

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 (No. 13 of 1906).

The notification of the acquisition of the land prescribed by that Act was published in the Commonwealth Gazette of the day of , 190 , 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 Home Affairs a notice, in writing, in accordance with the prescribed form, a copy of which is forwarded herewith.

Minister of State for Home Affairs.

“The owner” or “one of the owners.”

Description of Land Referred to.

Commonwealth of Australia. Form C.

———

The Lands’ Acquisition Act 1906.

———

CLAIM FOR COMPENSATION IN RESPECT OF LAND ACQUIRED AT

To the Minister of State for Home Affairs.

Pursuant to the Lands Acquisition Act 1906. I/wehereby 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 , 190 , 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.

———

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 Home Affairs.

Pursuant to the Lands Acquisition Act 1906, 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 he attached to this claim.

Form E.

Commonwealth of Australia.

The Lands Acquisition Act 1906.

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 Home Affairs.

* A statement of directions setting out what the claimant has to do to get his compensation should be written or printed on the back of this notice.

 

Form F.

Commonwealth of Australia.

The Lands Acquisition Act 1906.

Inre 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 with/without interest to the date of acceptance by you of this offer, 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 such acceptance, at the rate of £ 3per 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 Home Affairs.

 

Form G

Commonwealth of Australia.

The Lands Acquisition Act 1906.

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, number , published in the Commonwealth Gazette No.

of

Dated the day of , 19 .

Minister of State for Home Affairs.

 

Form H.

Commonwealth of Australia.

The Lands Acquisition Act 1906.

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 Home Affairs.

I hereby give notice that I/we (a)accept your offer of £with/without interest to the date of acceptance of such offer 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.

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 this notice.

Dated the day of , 19 .

Minister of State for Home Affairs.

Description of Land Referred to.

 

Form J.

Commonwealth of Australia.

The Lands Acquisition Act 1906.

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 Home Affairs.

Description of Land Referred to.

* A statement of directions setting out what the claimant has to do to get his compensation should he written or printed on the back of this notice.

Form K.

Commonwealth of Australia.

The Lands Acquisition Act 1906.

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 I offer you the sum of £ with/withoutinterest 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 £ 3per 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 Home Affairs.

Description of Land Referred to.

 

Form L.

Commonwealth of Australia.

The Lands Acquisition Act 1906.

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 Home Affairs.

Description of Land Referred to.

 

By Authority: J. Kemp, Acting Government Printer, Melbourne.