Lands Acquisition Act 1989 Pre-Acquisition Declaration - Lot 1 DP1188956

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LANDS ACQUISITION ACT 1989

PRE-ACQUISITION DECLARATION

 

1. Acquisition

In accordance with the Lands Acquisition Act 1989, I am considering the acquisition of the interests in land specified in paragraph 3 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 1/1188956 being the area marked (A) identified as easement for drainage of water and drainage works in Pre-allocated Plan Number (PPN) DP1263165 (‘the Land’).

A plan showing the approximate location of the Land together with a copy of PPN DP1263165 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. Suitability for use for a public purpose

The Land appears to be suitable for use for the public purpose described in paragraph 4.

6. Particulars of Proposed Use

The Land is proposed to be used for drainage of water and drainage works for the purposes of facilitating the development and use of the Western Sydney International (Nancy-Bird Walton) Airport (Airport) (currently known as the Sydney West Airport under the Airports Act 1996).

7. Reasons why the Land appears to be Suitable for the Proposed Use

The reason why the Land appears to be suitable for the proposed use described in paragraph 6 is that:

a. the Land comprises an area of the bed and the bank of Badgerys Creek which is adjacent to the boundary of the airport site for the Airport; and

b. the construction and operation of works on the Land will allow for the drainage of water from the airport site for the Airport into Badgerys Creek.

DATED this Fourth day of August 2020.

Signed by Matthew Whitfort, Assistant Secretary

Policy & Analysis Branch

 

………………………………………………..

Matthew Whitfort
Assistant Secretary

Policy & Analysis Branch

Property & Construction Division

Department of Finance

Canberra ACT 2600

 

 

Schedule 1 – Location of the Land

 

 

 

PPN DP1263165

 

Schedule 2 – Description of interests

EASEMENT FOR DRAINAGE OF WATER AND DRAINAGE WORKS

1.    Definitions and interpretation

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 1/1188956 being the whole of the land comprised in the area marked (A) identified as easement for drainage of water and drainage works in DP1263165.

(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.    Terms of Easement for drainage of water and drainage works

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.

 

Note: This Pre-Acquisition Declaration signifies that the Commonwealth is considering acquisition of the interests in land specified in paragraph 3.  It does NOT mean that the interests in land have been acquired.

 

Overview

The Lands Acquisition Act 1989, enacted by the Parliament of Australia, addresses the need for the Commonwealth to acquire interests in land for public purposes. This legislation provides the legal framework for the government to undertake such acquisitions while ensuring that affected landowners are informed and compensated appropriately. The Act aims to facilitate necessary developments that serve the public interest, including infrastructure projects and other initiatives that benefit the broader community. In this instance, the Act is being used to consider the acquisition of an easement for drainage of water and drainage works, essential for the development and use of the Western Sydney International (Nancy-Bird Walton) Airport, thereby promoting trade and commerce with other countries and among the states.

Scope and Application

The Lands Acquisition Act 1989 governs the acquisition of land or interests in land by the Commonwealth for a public purpose. This Act applies to the acquisition of an easement for drainage of water and drainage works on land specified in folio identifier 1/1188956, located in Badgerys Creek adjacent to the Western Sydney International (Nancy-Bird Walton) Airport. The acquiring authority is the Commonwealth of Australia, and the declared public purpose of the acquisition is trade and commerce with other countries and among the states. The declaration specifies that the land is deemed suitable for the proposed use, which is to facilitate the development and use of the airport by providing drainage of water and drainage works. The easement rights granted to the Commonwealth include draining and discharging water, constructing, operating, maintaining, and repairing drainage works, and having the works remain on the land. Ancillary rights, which are reasonably necessary for exercising the easement rights, include entering the land, taking items onto the land, installing temporary utility services, and carrying out work on the land. The Commonwealth is required to minimise inconvenience, damage, and to make good any damage caused to the land, except for the reinstatement of the drainage works. This pre-acquisition declaration is a preliminary step and does not signify that the interests in the land have been acquired.

Key Provisions

The main operative sections of the Lands Acquisition Act 1989 are detailed in the Pre-Acquisition Declaration. Section 1 outlines the Commonwealth's intention to acquire specific interests in land, as described in paragraph 3, for a public purpose stated in paragraph 4. Section 2 identifies the specific land involved, referring to folio identifier 1/1188956, which is designated for drainage of water and drainage works, as detailed in Pre-allocated Plan Number DP1263165. Section 3 specifies the interests in land to be acquired, namely an easement for drainage of water and drainage works, as detailed in Schedule 2. Section 4 states the public purpose of the acquisition, which is trade and commerce with other countries and among the States. Section 5 assesses the suitability of the land for the proposed public purpose, while Section 6 and 7 provide details about the proposed use of the land and the reasons for its suitability. The Act imposes several obligations on the parties involved. The Commonwealth, as the acquiring authority, must ensure that any works done on the land are executed properly, causing as little inconvenience and damage as practicable to the land owner and any users or occupiers of the land. Additionally, the Commonwealth is obligated to make good any damage caused by its activities on the land and reinstate any fences that have been dismantled, although it is explicitly noted that the Commonwealth will not be required to reinstate the drainage works. The obligations extend to the Commonwealth entering onto the land, taking anything onto it, installing temporary utility services, and carrying out necessary work, including temporarily dismantling fences. The Act also outlines potential consequences for breaches of its provisions. Although specific offences, penalties, or civil/criminal consequences are not explicitly stated in the Pre-Acquisition Declaration, the Act generally provides for legal actions to be taken against any party that fails to comply with its requirements. This may include court orders, fines, or other penalties as determined by the courts. The maximum penalties for breaches of land acquisition laws can vary but are typically substantial, reflecting the importance of adhering to the public purpose and the legal processes involved in land acquisition.

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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.