Property for Public Purposes Acquisition Regulations (Cth)

STATUTORY RULES.

1905. No. 13.

———

REGULATIONS UNDER THE “PROPERTY FOR PUBLIC PURPOSES ACQUISITION ACT 1901.”

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 Property for Public Purposes Acquisition Act 1901, to come into operation forthwith.

Dated the 3rd day of February, One thousand nine hundred and five,

(Signed) NORTHCOTE,

Governor-General.

By His Excellency’s Command,

(Signed) DUGALD THOMSON,

Minister of State for Home Affairs.

——

Regulations under the Property for Public Purposes Acquisition Act 1901.

(1) The forms contained in the Schedule may be used in proceedings under the Property for Public Purposes Acquisition Act 1901, for which they are appropriate.

Commonwealth of Australia.

The Property for Public Purposes Acquisition Act 1901 (Section 6).

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, which land is required for a public purpose, namely :—

has been acquired by the Commonwealth under the Property for Public Purposes Acquisition Act 1901.

Dated the day of One thousand nine hundred and

Governor-General.

By His Excellency’s Command,

Minister of State for Home Affairs.

——

Description of Land Referred to.

All that piece or parcel of land situate in the of of State of containing by admeasurement or thereabouts, being of  of commencing and being of the land contained in  of number volume folio.

 

Commonwealth of Australia.

The Property for Public Purposes Acquisition Act 1901 (Section 13).

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 powers conferred upon the Governor-General by the Property for Public Purposes Acquisition Act 1901 (No. 13 of 1901).

The necessary notification of the acquisition of the land prescribed by that Act has been published in the Commonwealth Gazette of the day of 190 , and a copy of such notification, together with a plan of the land so acquired, is herewith served upon you as* of the land resident within the Commonwealth.

I beg to remind you that if you claim compensation in respect of the land so acquired or work or other matter done under the authority of the said Act within 120 days (or such longer time as the Justice of the. High Court on your application and cost may appoint) from the date of the publication of the notification above described, it will be necessary for you to serve upon the Minister of State for Home Affairs, and also upon the Attorney-General of the Commonwealth, a notice, in writing, in accordance with Section 13 of the said Act.

A copy of Section 13, Sub-section (3), of the said Act is hereunder set out for information and guidance, and forms accompany this notice which may be used in furnishing the particulars required.

Minister of State for Home Affairs.

——

Description of Land Referred To.

All that piece or parcel of land being

[Plan.]

Section 13, Sub-section 3, of the Property for Public Purposes Acquisition Act 1901, is as follows:—

(3) Every person or State claiming compensation in respect of any land so acquired, or work or other matter done under the authority of this Act, shall, within 120 days from the publication of such notification, or within such further time as a Justice of the High Court upon the application and at the cost of the claimant may, either before or after the expiration of such 120 days, appoint in that behalf, serve a notice, in writing, upon the Minister, and a like notice upon the Attorney-General, which notice shall set forth the nature of the estate, interest, or title of the claimant in such land, together with an abstract of title, and if the claimant claims in respect of damage, the nature of the damage which the claimant has sustained or will sustain by reason of such acquisition or work or matter, together with full particulars of such damage, and such notice shall be in such form as may be prescribed.

 

* “The owner” or “one of the owners.”

Commonwealth of Australia.

The Property for Public Purposes Acquisition Act 1901 (Section 13)

NOTICE OF CLAIM FOR COMPENSATION.

* To , The Minister of State for Home Affairs.

* To , The Attorney-General of the Commonwealth of Australia.

Pursuant to the Property for Public Purposes Acquisition Act 1901 hereby give you notice that claim compensation in respect of the land mentioned and described in the notice served upon , 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 and by virtue of the said Act, and in respect of any work or other matter done under the authority of the said Act. The particulars of the said claim and the other particulars required by the said Act are hereunder stated:—

Particulars.

Name, address, and occupation of parties claiming. 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.) Abstract of title of claimant, giving dates and other short particulars of documents of title. If claimant claims in respect of damage, particulars of the nature of the damage which the claimant has sustained or will sustain by reason of the acquisition of the said land or work or other matter done under the authority of the Act. Full particulars of claim specifying separately the amount claimed as the value of interest of the property and for compensation in respect of each separate head of damage. 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.

(Signature)—

(Address)—

(Date)—

* Separate notices to each.

Commonwealth of Australia.

The Property for Public Purposes Acquisition Act 1901 (Section 14).

NOTICE OF VALUATION.

To

of

Take notice that the amount of the valuation of your estate or interest in the land hereunder described, in respect of the acquisition whereof by the Commonwealth under the above Act you claimed compensation, is £ (and the valuation of the amount of the damage is £ ).

If the amount is not accepted by you as compensation, your attention is drawn to Sections 15 to 19 inclusive of the said Act.

Dated the day of 190 .

Minister of State for Home Affairs.

——

Description of the Land or Damage in respect of which a Claim has been made.

———

Commonwealth of Australia.

The Property for Public Purposes Acquisition Act 1901 (Section 14).

NOTICE DISPUTING CLAIM.

To

of

Take notice that your right to any compensation for the land acquired by the Commonwealth, and referred to in the Notice of Acquisition of Land number dated the day of 190 , being: All that piece or parcel of land

is disputed.

Dated the day of 190 .

Minister of State for Home Affairs.

———

Commonwealth of Australia.

The Property for Public Purposes Acquisition Act 1901 (Section 30).

NOTICE BY THE ATTORNEY-GENERAL TO A MORTGAGEE.

To

of

Take Notice that I will at the end of six months, computed from the day of 190 , pay off the principal and interest due on the mortgage over the property described and referred to in the Notice of Acquisition of Land Number dated the day of 190 .

namely—*

of which property, I understand, you are mortgagee.

This notice is sent to you in pursuance of the powers granted to me by Section 30 of the above Act.

Dated this day of 190.

Attorney-General.

* Describe property shortly.

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.