Lands Acquisition Act 1906

Legislation au C1906A00013 Not in force Act

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LANDS ACQUISITION.

 

No. 13 of 1906.

An Act relating to the Acquisition by the Commonwealth of Land required for Public Purposes and for dealing with Land so acquired and for other purposes connected therewith.

[Assented to 12th October, 1906.]

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

PART I.—PRELIMINARY.

Short title.

1. This Act may be cited as the Lands Acquisition Act 1906.

Commencement.

2. This Act shall commence on a day to be fixed by proclamation.

Repeal.

3. The Property for Public Purposes Acquisition Act 1901 is repealed.

Parts.

Cf. No. 13 1901 s. 1.

4. This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Acquisition of Land.

Division 1.—Modes of Acquisition.

Division 2.—Acquisition by Agreement.

Division 3.—Acquisition by Compulsory Process.

Part III.—Powers in Relation to Lands.

Part IV.—Compensation.

Division 1.—Right to Compensation.

Division 2.—Claims for Compensation.

Division 3.—Determination of Disputed Claims for Compensation.

Division 4.—Determination of Compensation where no Claim made.

Division 5.—Payment of Compensation.

Part V.—Mortgages, Encumbrances, and Leases.

Division 1.—Mortgages.

Division 2.—Encumbrances.

Division 3.—Leases.

Part VI.—Miscellaneous.


Definitions.

Cf. No. 13 1901 s. 2.

5. In this Act, unless the contrary intention appears—

“Convey” means convey, transfer, or lease;

“Crown Land” means any land the property of a State, whether reserved or dedicated for any public purpose or not, but does not include any estate or interest granted by the State to any person;

“Encumbrance” includes any rent-service, rent-charge, chief or other rent, or other charge or encumbrance upon land, other than a mortgage;

“Land” includes any estate or interest in land (legal or equitable), and any easement, right, power, or privilege over, in, or in connexion with land, and also includes Crown land, but does not include public parks vested in or under the control of municipal or local authorities and dedicated to or reserved for the recreation of the people, or such other lands dedicated to or reserved for the use and enjoyment of the people as have been specified by Proclamation;

“Lease” includes an agreement for a lease;

“Owner” includes, with respect to land, any person who under this Act is enabled to sell or convey the land to the Commonwealth, and means, with respect to Crown land, the State to which the land belongs;

“Public purpose” means any purpose in respect of which the Parliament has power to make laws, but shall not include the acquisition of territory for the Seat of Government of the Commonwealth under the Constitution;

“Special Act” means any Act authorizing the carrying out of any public work in connexion with any public purpose;

“The High Court” means the High Court of Australia or a Justice thereof;

“The Supreme Court” means the Supreme Court of the State in which the land, in reference to…

Overview

The Lands Acquisition Act 1906 was enacted to provide a legal framework for the Commonwealth to acquire land for public purposes, including the establishment of the Seat of Government in Canberra. The Act was enacted by the Commonwealth Parliament and addresses the need for a structured and legally binding process for land acquisition by the government. The Act facilitates the acquisition of land through agreement or compulsory process, outlines compensation mechanisms, and details the procedures for dealing with encumbrances, mortgages, and leases. The overarching policy objective is to ensure that the Commonwealth can effectively acquire necessary land for public purposes while providing fair compensation to landowners.

Scope and Application

The Lands Acquisition Act 1906 applies to the Commonwealth and provides the legal framework for the acquisition of land for public purposes. The Act applies to various persons and entities, including corporations, tenants, married women, guardians, committees of lunatics or idiots, trustees, executors, administrators, and lessees, who are permitted to sell or convey land to the Commonwealth. The Act outlines the procedures for acquiring land by agreement or through compulsory process, including the power to enter and occupy land temporarily, take materials, make roads, and deposit or remove buildings. It also details the compensation process, including the estimation of compensation, claims for compensation, and the payment of compensation to both the owners and States. The Act extends to all territories of the Commonwealth and can be applied through subordinate instruments, such as regulations.

Key Provisions

  • The Lands Acquisition Act 1906 outlines the procedures and requirements for the Commonwealth to acquire land for public purposes, including the methods of acquisition, compensation, and the handling of mortgages, encumbrances, and leases. Under Section 13, the Commonwealth can acquire land by agreement with the owner or by compulsory process, with the latter requiring notification to the owner and a declaration of acquisition published in the Gazette. The owner of the land has the right to compensation under Section 26, which is to be determined based on the value of the land, any damage caused by severance, and the impact on adjoining land. Compensation for Crown land is addressed in Section 27, where the State is entitled to compensation as if it were the proprietor of an estate in fee simple. Claims for compensation must be made in writing and within specific timeframes, as outlined in Sections 32 and 33. If a claim becomes disputed, it may be resolved through agreement, litigation, or a proceeding in court, as detailed in Sections 36 and 37. The Act also addresses the handling of mortgages, encumbrances, and leases in relation to acquired land, with provisions for the payment of mortgages, apportionment of charges, and the continuation of encumbrances and leases, as outlined in Sections 48-56. Offences and penalties are not explicitly stated in the Act, but the consequences of non-compliance could include legal action for compensation or disputes over the acquisition of land.

Legal classification tags

Area of Law
Property Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations
Compensation
Enforcement Powers

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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.