LANDS ACQUISITION.
No. 4 of 1957.
An Act to amend the Lands Acquisition Act 1955.
[Assented to 15th April, 1957.]
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.—(1.) This Act may be cited as the Lands Acquisition Act 1957.
(2.) The Lands Acquisition Act 1955 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Lands Acquisition Act 1955–1957.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Repeal and saving.
3. Section three of the Principal Act is amended—
(a) by inserting in sub-section (2.), after the words “other than” (first occurring), the words “sub-section (2.) of section fifty-seven and”; and
(b) by omitting from sub-section (2.) the words “section fifty-seven” and inserting in their stead the words “sections fifty-seven, sixty, sixty-four and sixty-five”.
Registration of notification.
4. Section fifteen of the Principal Act is amended by omitting from sub-section (1.) the words “a copy, certified under the hand of the Crown Solicitor, of the notice of acquisition of the
land” and inserting in their stead the words “a copy of the notice of acquisition of the land, certified under the hand of the Crown Solicitor or of an officer of the Attorney-General’s Department authorized by the Crown Solicitor to certify such copies”.
Execution of documents for and on behalf of the Commonwealth.
5. Section sixty of the Principal Act is amended by omitting the words “acquired or disposed of by” and inserting in their stead the words “vested, or which has been vested, in”.
Existing delegations.
6. All delegations under section sixty-four of the Principal Act in force immediately before the commencement of this Act shall be construed and have effect as if the amendments of the Principal Act made by this Act had come into operation on the date of commencement of the Principal Act.
Overview
The Lands Acquisition Act 1957, enacted by the Queen’s Most Excellent Majesty through the Australian Parliament, was introduced to amend the Lands Acquisition Act 1955. This Act, referred to as the Lands Acquisition Act 1955–1957 once amended, aimed to address gaps and update provisions within the existing legislation concerning the acquisition and disposal of land by the Commonwealth. The policy objective underpinning this amendment was to streamline the notification process and ensure the proper execution of documents related to land acquisitions. The Act also sought to preserve the validity of existing delegations made under the Principal Act, ensuring continuity and legal certainty in the acquisition and disposal procedures. The amendments included changes to the registration of notification, execution of documents, and specific sections of the Principal Act to enhance the efficiency and administration of land acquisition processes.
Scope and Application
The Lands Acquisition Act 1957 amends the Lands Acquisition Act 1955, extending its provisions to address specific changes and improvements to the acquisition process of land. This Act applies to the Commonwealth of Australia and its agencies, entities, and departments, as well as to any person or entity involved in the acquisition or disposal of land under the Principal Act. The geographic reach of this Act is national, impacting all areas within the Commonwealth of Australia. The Act specifies amendments to the Principal Act, including changes to the registration of notifications, execution of documents, and delegations, ensuring that these processes are carried out effectively and efficiently. The Act does not specify exclusions, exemptions, or thresholds, but its application is broad, covering all land acquisition processes governed by the Principal Act. The provisions of this Act may be further defined or extended through subordinate instruments, ensuring that the Act remains relevant and effective in addressing contemporary land acquisition needs.
Key Provisions
The Lands Acquisition Act 1957 makes several amendments to the Lands Acquisition Act 1955. Section 1 of the Act provides for the citation of the new Act, referring to the 1955 Act as the Principal Act. Section 2 stipulates that the new Act comes into effect on the day it receives Royal Assent. Section 3 modifies the Principal Act to specify certain sections that are excluded from the acquisition process. Section 4 revises the requirements for the registration of notification by allowing the certification of the notice of acquisition by either the Crown Solicitor or an authorised officer from the Attorney-General’s Department. Section 5 amends the execution of documents related to lands vested in the Commonwealth, changing the terminology from “acquired or disposed of” to “vested, or which has been vested, in”. Finally, Section 6 ensures that existing delegations under the Principal Act remain valid despite the amendments introduced by this Act.
The Act imposes specific obligations on the parties involved in land acquisition processes. Notably, it mandates that any notification regarding land acquisition must be certified by the appropriate authority, which now includes authorised officers from the Attorney-General’s Department, in addition to the Crown Solicitor. This broadens the scope of individuals who can certify such notifications, thereby streamlining the administrative process. Furthermore, the Act clarifies the terminology related to lands that have been vested in the Commonwealth, which may impact the documentation and legal proceedings associated with land acquisitions.
Breaching the provisions of the Act can lead to various consequences, although the specific penalties are not detailed in the text provided. Generally, violations of land acquisition laws can result in both civil and criminal penalties. Civil penalties may include fines or compensation claims, while criminal penalties could involve imprisonment, depending on the severity and intent of the breach. The exact penalties would typically be outlined in the relevant sections of the Principal Act or in associated regulations, which are not provided in this excerpt. However, it is clear that adherence to the Act's provisions is crucial to avoid legal repercussions.