Lands Acquisition Amendment Regulations 2000 (No. 1)

Administered by Department of Finance

Legislation au F2000B00328 Regulations Not in force Legislative Instrument

Legislation content

Lands Acquisition Amendment Regulations 2000 (No. 1) 2000 No. 304

EXPLANATORY STATEMENT

STATUTORY RULES 2000 No. 304

Issued by the Authority of the Minister for Finance and Administration

Lands Acquisition Act 1989

Lands Acquisition Amendment Regulations 2000 (No. 1)

Section 140 of the Lands Acquisition Act 1989 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Sub-section 137(1) of the Act provides that a document required or permitted by the Act to be given to the Minister, except documents relating to land in an external territory, shall be given to the Minister by sending it by pre-paid post to the Minister at an address prescribed for the purposes of this subsection.

The Regulations revise the prescribed addresses listed in Schedule 2 of the Lands Acquisition Regulations. The prescribed addresses relate to the capital city offices of the Australian Property Group (APG), an organisation that no longer exists.

The Department of Finance and Administration is now responsible for administering the Act. The proposed Regulations will provide that the prescribed address for the purpose of Section 137 of the Act will be 'Secretary, Department of Finance and Administration'.

Details of the regulations are as follows:

Regulation 1

This advises that the name of the Regulations is the Lands Acquisition Amendment Regulations 2000 (No. 1).

Regulation 2

This provides that the Regulations are to commence on gazettal.

Regulation 3

This provides that Schedule 1 amends the Lands Acquisition Regulations.

Schedule 1

[1] Schedule 1, Regulation 1

This item substitutes the new name of the regulations of Lands Acquisition Regulations 1989 in lieu of Lands Acquisition Regulations.

[2] Schedule 1, Regulation 8

This item substitutes a new Regulation 8, for the existing Regulation 8 which refers to the prescribed addresses in Schedule 2, with a new prescribed address of:

Secretary Department of Finance and Administration GPO Box 1920 CANBERRA ACT 2601.

[3] Schedule 1, Schedule 2

This item omits Schedule 2 as it is no longer needed following the insertion of the new prescribed address in the Regulations by new Regulation 8.

 

Overview

The Lands Acquisition Amendment Regulations 2000 (No. 1) were enacted to address the obsolescence in the prescribed addresses for the submission of documents required by the Lands Acquisition Act 1989. These regulations were issued by the Authority of the Minister for Finance and Administration in response to the dissolution of the Australian Property Group (APG), whose capital city office addresses were previously listed for correspondence purposes. The primary objective of these regulations is to update the prescribed addresses to align with the current administrative structure, ensuring that all necessary documentation under the Act is directed to the correct authority, namely, the Secretary of the Department of Finance and Administration. By doing so, the regulations aim to facilitate the smooth operation of the Act and ensure that all procedural requirements are met effectively.

Scope and Application

The Lands Acquisition Amendment Regulations 2000 (No. 1) primarily revise the prescribed addresses in Schedule 2 of the Lands Acquisition Regulations, which relate to the capital city offices of the Australian Property Group (APG), an organisation that no longer exists. These regulations apply to all matters governed by the Lands Acquisition Act 1989, specifically concerning the administrative process for the acquisition of land by the Commonwealth. The Regulations are designed to ensure that all documents required or permitted by the Act to be given to the Minister are sent to the correct and updated address, which is now the Secretary, Department of Finance and Administration, located at GPO Box 1920, CANBERRA ACT 2601. This amendment ensures the continuity and effectiveness of the administrative process under the Act, following the dissolution of the APG. The jurisdictional reach of these Regulations is limited to the Commonwealth, and they extend to the prescribed addresses for the submission of documents necessary for the administration of land acquisition procedures.

Key Provisions

The Lands Acquisition Amendment Regulations 2000 (No. 1) make several key changes to the existing Lands Acquisition Regulations, as detailed in the explanatory statement. Regulation 1 formally names these amendments as the Lands Acquisition Amendment Regulations 2000 (No. 1). Regulation 2 stipulates that these amendments will come into effect upon gazettal. Regulation 3, in turn, indicates that the amendments will be incorporated into the Lands Acquisition Regulations. Schedule 1, Regulation 1 updates the name of the regulations to reflect the amendments, changing the title from "Lands Acquisition Regulations 1989" to "Lands Acquisition Regulations." This update ensures that the regulations are properly aligned with the recent amendments. These regulations impose specific obligations on parties and entities involved in land acquisitions under the Lands Acquisition Act 1989. For instance, Schedule 1, Regulation 8, requires any document mandated or permitted by the Act to be sent to the Minister to be addressed to the "Secretary, Department of Finance and Administration" at the specified address in Canberra. This change reflects the administrative shift from the Australian Property Group (APG) to the Department of Finance and Administration, ensuring that all correspondence is directed to the correct entity. Additionally, Schedule 1, Schedule 2, removes the outdated prescribed addresses previously listed in the Lands Acquisition Regulations, thereby simplifying the process by eliminating unnecessary references. Failure to comply with the provisions of these regulations could lead to various consequences. While the explanatory statement does not explicitly outline specific offences or penalties, any non-compliance with the Act's requirements for document submission could potentially result in legal repercussions. The Lands Acquisition Act 1989 itself may stipulate penalties for non-compliance, such as fines or other administrative actions, although these are not detailed in the explanatory statement. It is essential for parties involved in land acquisitions to adhere to the updated regulations to avoid any legal issues.

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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.