Lands Acquisition Act 1989 Pre-Acquisition Declaration - Lot 281 DP571171

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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 281/571171 being the area marked (A) identified as easement for drainage of water and drainage works in Pre-allocated Plan Number (PPN) DP1263169 (‘the Land’).

A plan showing the approximate location of the Land together with a copy of PPN DP1263169 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 Oaky 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 Oaky 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 DP1263169

 

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 281/571171 being the whole of the land comprised in the area marked (A) identified as easement for drainage of water and drainage works in DP1263169.

(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

Overview

The Lands Acquisition Act 1989, enacted by the Parliament of Australia, addresses the formal process by which the Commonwealth can acquire land for public purposes. This legislation was introduced to ensure that land acquisitions for public purposes, such as infrastructure development and national projects, are conducted transparently, fairly, and in accordance with the law. The Act outlines the procedures for acquiring land, including the declaration of intent to acquire, assessment of suitability, and the process for determining compensation. In the context of the provided document, the Commonwealth of Australia has issued a Pre-Acquisition Declaration under the Act, indicating its intention to acquire an easement for drainage of water and drainage works on specific land. The public purpose for this acquisition is to facilitate trade and commerce, particularly by supporting the development and use of the Western Sydney International (Nancy-Bird Walton) Airport. The declaration specifies the land in question, the interests being acquired, and the rationale for considering the land suitable for the proposed use. This formal notification is a critical step in the process outlined by the Lands Acquisition Act 1989, ensuring that the acquisition process adheres to legislative requirements and provides transparency for all parties involved.

Scope and Application

The Lands Acquisition Act 1989 applies to the acquisition of land interests by the Commonwealth of Australia for public purposes. In this instance, the Act is used to facilitate the acquisition of an easement for drainage of water and drainage works on land identified as folio identifier 281/571171. The public purpose for this acquisition is trade and commerce with other countries, and among the States. The declaration specifies that the land in question is suitable for the proposed use, which is facilitating the development and use of the Western Sydney International (Nancy-Bird Walton) Airport. The Act applies to the Commonwealth, its servants and agents, and any party authorised by it. The geographic reach is determined by the location of the land in question, which is situated in Australia. The Act provides for the acquisition of land interests through subordinate instruments, and in this case, the Pre-Acquisition Declaration serves as the instrument for initiating the acquisition process.

Key Provisions

The main operative sections of the Lands Acquisition Act 1989 (the Act) as reflected in the Pre-Acquisition Declaration, outline the Commonwealth's consideration of acquiring specific land interests for a public purpose. Section 1 of the declaration notes the acquiring authority as the Commonwealth of Australia and specifies the acquisition of an easement for drainage of water and drainage works on the Land (section 2). The public purpose of this acquisition is trade and commerce with other countries and among the states, as stipulated in section 4. The proposed use of the Land is for facilitating the development and use of the Western Sydney International (Nancy-Bird Walton) Airport (section 6). The declaration also includes reasons why the Land appears suitable for the proposed use, primarily due to its adjacency to the airport site and its role in draining water into Oaky Creek (section 7). The obligations imposed by the Act on the parties involved include ensuring the acquisition is for a public purpose and that the land is suitable for that purpose. The Commonwealth, as the acquiring authority, must follow the procedural requirements set out in the Act, including providing a detailed declaration as seen in this document. The declaration must specify the land to be acquired, the nature of the interests, the public purpose, and the suitability of the land for that purpose. Additionally, the Commonwealth must ensure that the acquisition process does not cause undue inconvenience or damage to the land and its users, as outlined in section 2.3 of Schedule 2. The Act also imposes specific obligations on the Commonwealth regarding the exercise of ancillary rights. When exercising these rights, the Commonwealth must ensure that all work is done properly, minimise inconvenience and damage to the land, and make good any damage caused. However, the Commonwealth is not required to reinstate the drainage works if they are dismantled. Furthermore, the declaration must include particulars of the proposed use of the land, as seen in section 6. Breaches of the provisions of the Act may result in various penalties and consequences. While the specific offences and penalties are not detailed in the provided text, the Act generally allows for enforcement actions, including fines and other civil or criminal penalties, for non-compliance with its requirements. The maximum penalties can vary depending on the nature and severity of the breach. Compliance with the Act is crucial to avoid these consequences and to ensure the acquisition process is conducted in a lawful and transparent manner.

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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.