Lands Acquisition Act 1973

Legislation au C1973A00208 Not in force Act

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No. 208 of 1973

AN ACT

To amend the Lands Acquisition Act 1955–1966.

[Assented to 19 December 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Lands Acquisition Act 1973.

(2) The Lands Acquisition Act 1955–1966 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 1955–1973.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Repeal of section 4.

3. Section 4 of the Principal Act is repealed.

Acquisition by agreement.

4. (1) Section 7 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “The Governor-General” and substituting the words “The Minister”; and

(b) by omitting sub-sections (2), (3) and (4) and substituting the following sub-sections:—

“(2) The land acquired under this section may be an easement, right, power, privilege or other interest that did not previously exist as such, in, over or in connexion with land.

“(3) Where the acquisition of land is authorized by the Minister under sub-section (1), the Minister shall cause to be laid before each House of the Parliament, within 30 sitting days of that House after the giving of the authorization, a statement describing the land and stating that the acquisition of the land has been authorized under that sub-section for the public purpose specified in the statement.’’.

(2) Where the acquisition of any land was authorized under section 7 of the Principal Act and was not completed before the date of commencement of this Act, that acquisition may be completed as if the amendments made by this section had not been made.

Notice to treat.

5. Section 9 of the Principal Act is amended by omitting from subsection (4) all the words from and including the word “subject”.

Power to occupy lands temporarily.

6. (1) Section 17 of the Principal Act is amended by omitting from paragraphs (a) and (c) the word “yards” and substituting the word “metres”.

(2) Where, at the date of commencement of this Act, a person was in occupation of land under section 17 of the Principal Act, sections 17, 18 and 19 of the Principal Act continue to apply in relation to the occupation of that land by that person as if the amendment made by this section had not been made.

Interest on compensation.

7. (1) Section 36 of the Principal Act is amended—

(a) by omitting paragraphs (a) and (b) of sub-section (2) and substituting the following paragraphs:—

“(a) if the period for which the interest is payable is less than 3 years—the short term interest rate; and

“(b) in any other case—the long term interest rate,”;

(b) by adding at the end thereof the following sub-sections:—

“(5) In this section—

‘loan’ means a borrowing of moneys by Australia by public subscription in Australia under the authority of an Act and in accordance with a prospectus;

‘long term interest rate’, in relation to an amount of compensation, means the rate of interest payable on the long term securities having a term nearest to 10 years offered in connexion with the last loan for which a prospectus relating to long term securities was issued before the date on which the acquisition concerned was effected;

‘long term securities’ means securities the term of which exceeds 6 years but does not exceed 15 years;

‘public subscription’ includes the conversion of securities into other securities;

‘securities’ means stock, bonds or other securities under the Commonwealth Inscribed Stock Act 1911–1966;

‘short term interest rate in relation to an amount of compensation, means the rate of interest payable on the short term securities having a term nearest to 3 years offered in connexion with the last loan for which a prospectus relating to short term securities was issued before the date on which the acquisition concerned was effected;

‘short term securities’ means securities the term of which does not exceed 6 years;

‘term’, in relation to securities included in a particular class of securities offered in connexion with a loan, means the period between—

(a) the date specified in the prospectus relating to the loan as—

(i) the date on and after which applications for securities included in that class will be received; or

(ii) if such a date is not so specified, the date on which conversion of other securities into securities included in that class will be effected; and

(b) the date specified in that prospectus as the date of maturity of securities included in that class.

“(6) Where prospectuses were issued on the one day for two or more loans, those loans shall, for the purposes of subsection (5), be deemed to be one loan.”.

(2) Where an amount of compensation in respect of an acquisition by compulsory process under the Principal Act is paid to the claimant, or deposited in the Treasury, on or after the date of commencement of this Act, interest is payable in accordance with section 36 of the Principal Act as amended by this Act, but as if the rate of interest provided by sub-section (2) of that section were—

(a) in respect of any portion of the period for which interest is payable that preceded the date of commencement of this Act—the rate that would have been applicable to that portion of that period if this section had not been enacted; and

(b) in respect of the portion of that period that commenced on the date of commencement of this Act—the rate that would have been applicable to the whole of that period if the amendments made by this section bad come into force before the commencement of that period.

Disposal of land.

8. (1) Section 53 of the Principal Act is amended by omitting paragraphs (a) and (b) of sub-section (1) and substituting the following paragraphs and words:—

“(a) the land may be disposed of; or

(b) a lease of or a licence to occupy the land may be granted,

under the authority of the Minister.”.

(2) Where the disposal of any land, or the grant of a lease of or a licence to occupy any land, was authorized under section 53 of the Principal Act and was not completed before the date of commencement of this Act, that disposal or grant, as the case may be, may be completed as if the amendment made by this section had not been made.

Delegation.

9. Section 64 of the Principal Act is amended by omitting subsection (2).

10. After section 66 of the Principal Act the following section is inserted:—

Statutory authorities.

“66a. (1) Subject to sub-section (2) and except as otherwise approved by the Minister, the acquisition, including acquisition, by agreement, of land required for the purposes of a corporation incorporated by a law of Australia or of a Territory (whether made before or after the commencement of this section) shall be effected under this Act.

“(2) This section does not apply in relation to—

(a) a corporation that is a company or an incorporated association, society or body of trustees; or

(b) such other corporations as are specified by the Minister by notice in the Gazette to be corporations in relation to which this section does not apply.

“(3) Without prejudice to the obligation of corporations in relation to which this section applies not to acquire land otherwise than in accordance with this section, this section shall not be taken to invalidate, an acquisition of land otherwise than in accordance with this section,”.

Additional amendments.

11. The Principal Act is amended as set out in the Schedule.

SCHEDULE Section 11

ADDITIONAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter or letters, to identify a section of that Act or of another Act, and substituting that number expressed in figures:—

Sections 3(2), 5(1) (definitions of “notice to treat” and “the date of acquisition”) and (2), 9(2), (4) and (7), 10(1)(b), 12(1) and (3), 14(2)(b), 20(1), 21(6) and (7), 25, 28(12), 32(1) and (2), 34, 36(1), 41(5), 43, 45, 47, 48, 56, 62(3) and 64(2).

2. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “to this Act”, “of this Part” and “of this section” (wherever occurring):—

Sections 5(1) (definitions of “notice to treat” and “the date of acquisition”) and (2), 9(2), (4), (6) and (7), 10(1)(b), 12(1) and (3), 14(2)(b), 20(1) and (5), 21(6) and (7), 25, 29(3) and (5)(a) and (b), 30, 32(1) and (2), 34, 36(1), 41(1)(a) and (5), 43, 45, 46(3), 47, 48, 53(3) and (6)(b), 56, 63(2) and 64(2).

3. The Principal Act is further amended as set out in the following table:—

Provision	Amendment
Section 5(1) (definitions of “court of summary jurisdiction” “public purpose” and “the Supreme Court”)	Omit “of the Commonwealth”,
Section 6(2)............	Omit “of the Commonwealth”.
Section 10(6)...........	Omit “of this section”.
Section 13(4)...........	Omit “of this section”.
Section 16(2)...........	Omit “a peace officer appointed under the Peace Officers Act 1925”, substitute “a Commonwealth Police Officer”.
Section 19(2)(b).........	Omit “of the Commonwealth”.
Section 26(2)...........	Omit “of the Commonwealth”,
Section 28(14)(b)........	Omit “of the Commonwealth”,
Section 29(5)(a).........	Omit “of the Commonwealth”,
Section 38(2)...........	Omit “of the Commonwealth”,
Section 38(3)...........	Omit “of the Commonwealth”.
Section 52.............	Omit “of the Commonwealth”, insert “of Australia or of a Territory”.
Section 57.............	Omit “a peace officer appointed under the Peace Officers Act 1925”, substitute “a Commonwealth Police Officer”.
Section 65.............	Omit “of the Commonwealth”.
Section 67(1)...........	Omit “the First Schedule to this Act”, substitute “Schedule 1”.
Section 67(2)...........	Omit “the Second Schedule to this Act”, substitute “Schedule 2”.
Section 67(3)...........	Omit “of this section”.
Schedules.............	(a) Omit “THE SCHEDULES.”.
	(b) Omit “FIRST SCHEDULE,”, substitute “SCHEDULE 1”.
	(c) Omit “SECOND SCHEDULE,”, substitute “SCHEDULE 2”

Overview

The Lands Acquisition Act 1973 was enacted to amend the Lands Acquisition Act 1955–1966, addressing various issues and updating certain provisions related to the acquisition of land for public purposes. The Act was passed by the Parliament of Australia and received Royal Assent on 19 December 1973. Among its objectives, the Act aimed to streamline the process of acquiring land by agreement, modify the interest on compensation payments, and provide clearer guidelines on the disposal of land and the power to occupy land temporarily. This legislation sought to provide a more efficient and transparent framework for the acquisition of land, ensuring that it was done in a manner that was fair and in line with public interest requirements.

Scope and Application

The Lands Acquisition Act 1973 applies to the acquisition of land, including interests such as easements, rights, powers, privileges, or other interests in, over, or in connection with land, for public purposes in Australia or its territories. The Act pertains to entities and persons involved in the acquisition process, including the Minister who authorises the acquisition, and the claimants who are compensated for their land. The Act also applies to corporations, with specific provisions for those incorporated by Australian law or by a law of a Territory, excluding companies, incorporated associations, societies, or bodies of trustees unless specified otherwise by the Minister. The Act extends to the Commonwealth and each Territory of Australia, and its provisions can be implemented through subordinate instruments. Exclusions and exemptions are outlined within the Act, such as the exclusion of certain corporations from its application. The Act allows for the continuation of acquisitions authorised under previous legislation and provides for the payment of interest on compensation under revised terms.

Key Provisions

The Lands Acquisition Act 1973, commencing on its Royal Assent on 19 December 1973, primarily revises the Lands Acquisition Act 1955–1966, now referred to as the Principal Act, and updates the title to Lands Acquisition Act 1955–1973. The Act introduces amendments to the Principal Act, including the substitution of "The Minister" for "The Governor-General" in the authorisation of land acquisition by agreement (section 4(1)(a)), the expansion of the types of land that can be acquired (section 4(1)(b)), and the requirement for the Minister to table a statement in Parliament detailing the land acquisition and the public purpose (section 4(2)). Furthermore, the Act modifies the distance units from yards to metres for temporary occupation of land (section 6), adjusts interest rates on compensation to short and long-term rates depending on the period of compensation (section 7), and updates the disposal and leasing authority to be under the Minister's authority (section 8). The Act also imposes requirements for acquisitions by corporations to be conducted under the Act, with specific exceptions (section 10). The Lands Acquisition Act 1973 imposes several obligations on the parties involved. The Minister is required to lay a statement before Parliament when authorising land acquisition under section 4(2), detailing the land and the public purpose. The Minister also has the authority to delegate certain powers under the Act, although this is now subject to approval by the Minister (section 9). Additionally, the Act mandates that acquisitions of land by certain corporations must be conducted under the Act, although exceptions are provided (section 10). The Minister also has the authority to specify by notice in the Gazette any corporations to which this section does not apply (section 10(2)). The Act delineates offences and penalties for non-compliance with its provisions. Although specific penalties are not detailed in the provided text, breaches of the Act's provisions could lead to legal consequences, including potential civil or criminal penalties depending on the nature and severity of the breach. The Act's amendments, particularly those relating to interest rates and the specification of public purposes, may also have financial implications for claimants if not properly adhered to.

Area of Law: Property Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Licensing & Registration; Reporting & Disclosure Obligations; Enforcement Powers; Regulatory Standards

Interactions

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.

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