EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 22
Issued by the Authority of the Minister for Finance and Deregulation
Lands Acquisition Act 1989
Lands Acquisition Amendment Regulations 2010 (No. 1)
Section 140 of the Lands Acquisition Act 1989 (the Act) provides, in part, that the
Governor-General may make regulations, not inconsistent with the 1989 Act, prescribing matters required or permitted by the 1989 Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the 1989 Act.
Section 6 of the 1989 Act defines “Commonwealth Authority” for the purposes of the 1989 Act. That definition includes an authority ‘that is not declared by the regulation to be an exempt authority.’
Schedule 1 to the Lands Acquisition Regulations 1989 (the Principal Regulations) lists authorities which are exempted from the provisions of the 1989 Act. The effect of exempting an authority is that it would not, at any time in the future, have access to the use of the compulsory acquisition powers in the 1989 Act on its behalf, while ever it remains exempt. It will, however, provide a measure of flexibility to operate in the commercial property market.
The purpose of the Regulations is to make the Australian National University (ANU) an exempt body for the purposes of the 1989 Act, giving it the necessary flexibility to perform the functions for which it has been created.
The ANU was exempt from the provisions of the Lands Acquisition Act 1955 (the 1955 Act). It was intended to preserve exemptions under the 1955 Act when the 1989 Act was proclaimed. Unfortunately, the exemption in place for the ANU was inadvertently not preserved.
The ANU wishes to regain the degree of operational flexibility that accompanied the exemption under the 1955 Act and is seeking to have an exemption declared under the 1989 Act. The granting of an exemption would enable the ANU to conduct commercial property transactions under the provisions of the Australian National University Act 1991.
The 1989 Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Overview
The Lands Acquisition Amendment Regulations 2010 (No. 1) were enacted to address a gap in the Lands Acquisition Act 1989 (1989 Act) that inadvertently omitted an exemption previously afforded to the Australian National University (ANU) under the Lands Acquisition Act 1955 (1955 Act). This oversight meant that the ANU lost its exemption from the compulsory acquisition powers outlined in the 1989 Act, impacting its operational flexibility in the commercial property market. The intention behind the 1989 Act was to carry forward existing exemptions when the new act was proclaimed, but the exemption for the ANU was not preserved. The Regulations were issued under the authority of the Minister for Finance and Deregulation, with the clear policy objective of reinstating the ANU's exemption, thereby allowing it to perform its functions more effectively under the Australian National University Act 1991. The Lands Acquisition Amendment Regulations 2010 (No. 1) do not specify any conditions for exercising the power to make these Regulations, and they are designed to provide the ANU with the necessary flexibility to operate in the commercial property market.
Scope and Application
The Lands Acquisition Amendment Regulations 2010 (No. 1) amends the Lands Acquisition Regulations 1989 by making the Australian National University (ANU) an exempt body for the purposes of the Lands Acquisition Act 1989. This change aims to provide the ANU with the operational flexibility that it previously enjoyed under the Lands Acquisition Act 1955, which was inadvertently omitted during the transition to the 1989 Act. By declaring the ANU an exempt body, the regulations prevent it from being subject to the compulsory acquisition powers under the 1989 Act, thereby allowing the ANU to engage in commercial property transactions as permitted by the Australian National University Act 1991. These regulations apply to the ANU and are intended to ensure that the university can operate effectively in the commercial property market without being constrained by the compulsory acquisition provisions of the 1989 Act. The regulations are a legislative instrument under the Legislative Instruments Act 2003 and will commence on the day after their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Lands Acquisition Amendment Regulations 2010 (No. 1) under the Lands Acquisition Act 1989 aim to designate the Australian National University (ANU) as an exempt body, allowing it operational flexibility in commercial property transactions. Section 140 of the Act empowers the Governor-General to create regulations that are not inconsistent with the Act, and these Regulations serve to provide the ANU with the necessary flexibility to perform its functions as outlined in the Australian National University Act 1991. Specifically, the Regulations address the inadvertent omission of the ANU's exemption from the Lands Acquisition Act 1955, which was intended to be preserved when the 1989 Act was enacted.
The Regulations impose obligations on the ANU to adhere to the specified conditions under which it operates as an exempt body. This exemption means that the ANU will not have access to compulsory acquisition powers under the 1989 Act, thus allowing it to function more freely in the commercial property market. The exemption is crucial for enabling the ANU to conduct commercial property transactions without the constraints imposed by the compulsory acquisition provisions of the Act. The Regulations also clarify that this exemption is limited to the ANU, ensuring that only this specific entity benefits from the flexibility provided by these provisions.
There are no specific offences or penalties outlined in these Regulations. However, any breach of the conditions or misuse of the exemption could potentially lead to legal consequences under the broader provisions of the Lands Acquisition Act 1989 or other relevant legislation. The primary focus of the Regulations is to ensure that the ANU operates within the bounds of its exemption, thereby maintaining the balance between regulatory flexibility and the statutory objectives of the Act. The Regulations come into effect on the day following their registration on the Federal Register of Legislative Instruments, formalising the ANU's status as an exempt body under the Act.