Australian Capital Territory and Jervis Bay (Lands Acquisition) Act 1955

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C1955A00070 In force Act

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AUSTRALIAN CAPITAL TERRITORY AND

JERVIS BAY (LANDS ACQUISITION).

 

No. 70 of 1955.

An Act relating to the Acquisition of Land in the Australian Capital Territory and the Jervis Bay Territory and Dealings with Land so Acquired.

[Assented to 4th November, 1955.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

Short title and citation.

1. This Act may be cited as the Australian Capital Territory and Jervis Bay (Lands Acquisition) Act 1955.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Amendment of Seat of Government Act 1908.

3.—(1.) Section six of the Seat of Government Act 1908 is repealed.

(2.) The Seat of Government Act 1908, as amended by this section, may be cited as the Seat of Government Act 1908-1955.

Amendment of Seat of Government Acceptance Act 1909-1938.

4.—(1.) Section ten of the Seat of Government Acceptance Act 1909-1938 is repealed.

(2.) Notwithstanding the last preceding sub-section, the provisions of the Lands Acquisition Act 1906-1936. as applied by section ten of the Seat of Government Acceptance Act 1909-1938, continue to apply in relation to the acquisition of land acquired, or agreed to he acquired, before the commencement of this Act, in pursuance of the first-mentioned Act as so applied.

(3.) The Seat of Government Acceptance Act 1909-1938, as amended by this section, may be cited as the Seat of Government Acceptance Act 1909-1955.

Amendments of Seat of Government (Administration) Act 1910-1947.

5.—(1.) After section seven of the Seat of Government (Administration) Act 1910-1947 the following section is inserted :—

Resumption of land held under Crown leases.

“7a. The application of the Lands Acquisition Act 1955 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an Ordinance or other law of the Territory (including an Ordinance or other law made before the commencement of this section) for or in relation to the resumption of land held under leases granted by or on behalf of the Crown in accordance with the provisions of those leases or otherwise on just terms.”.


(2.) Section nine a of the Seat of Government (Administration) Act 1910-1947 is repealed and the following section inserted in its stead :—

Dealings with Grown lands.

“9a. The application of the Lands Acquisition Act 1955 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an Ordinance or other law of the Territory (including an Ordinance or other law made before the commencement of this section) by virtue of which—

(a) lands in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with ;

(b) instruments, receipts and other documents in relation to any such lands may be executed ; or

(c) rights, duties and liabilities in relation to any such lands are or may be acquired, conferred or imposed.”.

(3.) Section ten of the Seat of Government (Administration) Act 1910-1947 and the heading to that section are repealed.

(4.) An Ordinance made before the commencement of this Act under the Seat of Government (Administration) Act 1910, or under that Act as amended at any time, or regulations made before the commencement of this Act under such an Ordinance, containing provisions for or in relation to the resumption of land held under leases granted by or on behalf of the Crown shall not be deemed to have been, at any time before the commencement of this Act, invalid in whole or in part by reason of the provisions made by any Act for the acquisition of land in the Territory known, at the date of commencement of this Act, as the Australian Capital Territory or in the Jervis Bay Territory.

(5.) The Seat of Government (Administration) Act 1910-1947, as amended by this section, may be cited as the Seat of Government (Administration) Act 1910-1955.

Amendment of Seat of Government (Administration) Act 1930-1935.

6.—(1.) Section seven of the Seat of Government (Administration) Act 1930-1935 is amended by omitting sub-section (1a.).

(2.) The Seat of Government (Administration) Act 1930-1935, as amended by this section, may be cited as the Seat of Government (Administration) Act 1930-1955.

Amendment of Jervis Bay Territory Acceptance Act 1915.

7.—(1.) Section six of the Jervis Bay Territory Acceptance Act 1915 is repealed.

(2.) Notwithstanding the last preceding sub-section, the provisions of the Lands Acquisition Act 1906-1936, as applied by section six of the Jervis Bay Territory Acceptance Act 1915, continue to apply in relation to the acquisition of land acquired, or agreed to be acquired, before the commencement of this Act, in pursuance of the first- mentioned Act as so applied.

(3.) The Jervis Bay Territory Acceptance Act 1915, as amended by this section, may be cited as the Jervis Bay Territory Acceptance Act 1915-1955.

Overview

The Australian Capital Territory and Jervis Bay (Lands Acquisition) Act 1955 was enacted to address the need for a comprehensive legislative framework governing the acquisition of land in the Australian Capital Territory (ACT) and the Jervis Bay Territory. This Act was introduced by the Commonwealth Parliament to facilitate the orderly acquisition of land necessary for the development of the national capital and the administration of the Jervis Bay Territory. The Act aims to streamline and modernise the process of land acquisition in these territories, ensuring that the necessary legal mechanisms are in place to support the government's objectives in these areas. The Act achieves this by amending existing legislation and introducing new provisions that specifically cater to the unique circumstances of land acquisition in the ACT and Jervis Bay Territory.

Scope and Application

The Australian Capital Territory and Jervis Bay (Lands Acquisition) Act 1955 applies to the acquisition and dealing with land in the Australian Capital Territory and the Jervis Bay Territory, thereby impacting the processes and legal frameworks governing land transactions within these territories. The Act regulates how land may be acquired, resumed, or disposed of by or on behalf of the Commonwealth, and it also governs the execution of documents and the imposition of rights and liabilities in relation to such lands. The application of this Act does not impede the continued operation of existing laws concerning land resumption under Crown leases or the disposal of Commonwealth lands in these territories. It is pertinent to note that the Act does not establish any explicit exclusions or thresholds but rather works in conjunction with other applicable legislation. Additionally, the Act allows for further detailed regulations and provisions to be established through subordinate legislation, thereby extending and refining its application.

Key Provisions

The Australian Capital Territory and Jervis Bay (Lands Acquisition) Act 1955, provides a comprehensive framework for the acquisition of land in the Australian Capital Territory and the Jervis Bay Territory. Section 1 gives the Act its short title and citation, while section 2 establishes the commencement date, which is to be fixed by Proclamation. This Act primarily seeks to repeal certain sections of existing legislation related to the acquisition of land in these territories, as outlined in sections 3 to 7. Under this Act, several obligations and requirements are imposed on the parties and entities involved in the acquisition of land. Section 3a of the Seat of Government (Administration) Act 1910-1955, inserted by section 5 of this Act, ensures that the resumption of land held under Crown leases does not contravene the Lands Acquisition Act 1955. Section 9a, also inserted by section 5 of this Act, allows for the continued operation of provisions in existing laws of the Territory regarding the disposal or dealing with lands acquired by or vested in the Commonwealth. Furthermore, section 7 of the Seat of Government (Administration) Act 1930-1955, amended by section 6 of this Act, ensures that any pre-existing Ordinances or regulations concerning the resumption of land held under Crown leases remain valid. Failure to comply with the provisions of the Australian Capital Territory and Jervis Bay (Lands Acquisition) Act 1955 may result in various consequences. However, the Act itself does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. It is likely that breaches of the Lands Acquisition Act 1955, or any other relevant legislation mentioned in this Act, would be subject to penalties under those Acts. For example, the Lands Acquisition Act 1955 may impose penalties for non-compliance with its provisions, which could include fines or imprisonment, depending on the severity of the breach. Additionally, any breach of the terms of a Crown lease may result in legal action for damages or specific performance, as per the applicable law.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.