LANDS ACQUISITION ACT 1989

ACQUISITION DECLARATION

1. Acquisition

In accordance with subsection 41(1) of the Lands Acquisition Act 1989, I hereby declare that the interests in land specified in paragraph 3 are acquired by compulsory process for the public purpose described in paragraph 4.

The Commonwealth of Australia is the acquiring authority.

2. The Land

This declaration relates to part of the land comprised in folio identifier 11/858140 being the area marked (A) identified as easement for drainage of water and drainage works in Deposited Plan 1263168 (DP1263168) (‘the Land’).

A plan showing the approximate location of the Land together with a copy of DP1263168 is set out in Schedule 1.

3. The Interests in Land

This declaration relates to the acquisition of an easement for drainage of water and drainage works in respect of the Land as described in Part 2 of Schedule 2.

The description of the interest referred to above as an easement is not a limitation on the nature of the interest as described in Schedule 2.

4. Public Purpose

The public purpose of the acquisition is trade and commerce with other countries, and among the States.

5. Pre-acquisition Declaration

This declaration is made following the Pre-acquisition Declaration in relation to the interests in land specified in paragraph 3 made on 4 August 2020.

DATED this 29th day of May 2021.

Schedule 1 – Location of the Land

Schedule 2 – Description of interests

EASEMENT FOR DRAINAGE OF WATER AND DRAINAGE WORKS

1.1 Definitions

These meanings, in any form, apply unless the contrary intention appears:

(a)    Commonwealth means the Commonwealth of Australia and its servants and agents, and any party authorised by it.

(b)    Drainage Works means the following works on, in or under the Land:

(i) scour protection works (including installation of geofabric, rip rap, gabions or similar);

(ii) culverts, revetment walls, pipes, drains and other structures and equipment for draining, passing, conveying, regulating or directing the passage, flow, collection, detention or retention of water or for other drainage purposes;

(iii) earthworks, including excavation;

(iv) removal of vegetation, bank stabilisation, vegetation planting and landscaping;

(v) other infrastructure for the drainage of water; and

(vi) any temporary works, including construction of temporary storage areas, necessary for or incidental to the carrying out of the works described above.

(c)    Land means part of the land comprised in folio identifier 11/858140 being the whole of the land comprised in the area marked (A) identified as easement for drainage of water and drainage works in DP1263168.

(d)    Lot Benefited means the land comprised in folio identifier 2/1260971.

1.2 Interpretation

In this Schedule 2 unless the contrary intention appears:

(a)    headings, underlinings, marginal notes and indexes are only included for ease of reference and do not affect interpretation;

(b)    a reference to any legislation or legislative provision includes any modifying, consolidating or replacing legislation or legislative provisions from time to time, and includes all regulations, rules and other statutory instruments issued under the legislation;

(c)    references to parties, clauses, schedules, annexures or exhibits are references to parties, clauses, schedules, annexures or exhibits to this Schedule 2 unless otherwise stated;

(d)    words denoting the singular number include the plural, and vice versa;

(e)    words denoting one gender include the other gender or neuter, as the context requires;

(f)      where any word or phrase is given a defined meaning any other grammatical form of that word or phrase will have a corresponding meaning;

(g)    a notice, demand or request must be in writing to be of effect under this Schedule 2 and will be properly executed if signed by an officer, manager or solicitor of the party giving it; and

(h)   the word “include” (in any form) when introducing one or more specific items does not limit the meaning of the general words for those items or items of a similar kind.

2.1 Easement Rights

Full right, leave, liberty and licence for the Commonwealth in respect of the Lot Benefited from time to time and at all times to:

(a)    drain and discharge water onto the Land;

(b)    construct and install the Drainage Works;

(c)    operate, maintain and repair the Drainage Works; and

(d)    have the Drainage Works remain on the Land,

(Easement Rights).

2.2 Ancillary Rights

The Commonwealth may do anything the Commonwealth considers reasonably necessary for the purpose of and to exercise the Easement Rights including:

(a)    entering onto the Land;

(b)    taking anything onto the Land;

(c)    installing temporary utility services and associated structures on or across the Land; and

(d)    carrying out work on the Land, including temporarily dismantling any fence on the Land,

(Ancillary Rights).

2.3 Exercising Ancillary Rights

In exercising the Ancillary Rights, the Commonwealth must:

(a)    ensure all work is done properly;

(b)    cause as little inconvenience as is practicable to the owner of the Land and any user or occupier of the Land;

(c)    cause as little damage as is practicable to the Land; and

(d)    make good any damage caused by the Commonwealth to the Land, including reinstating any fence which has been dismantled. However, for the avoidance of doubt, the Commonwealth will not be required to reinstate the Drainage Works.

2.4 Lot Benefited

The Easement Rights and Ancillary Rights are appurtenant to and for the benefit of the Lot Benefited.