COMMONWEALTH OF AUSTRALIA
Lands Acquisition Act 1989
DECLARATION
I hereby declare, pursuant to the provisions of subsection 41 (1) of the Lands Acquisition Act 1989, that all interests and all rights to the control, use and flow of water on or below the surface of the land including the right to extract by use of bores, capture by use of dams and use water, in the land described in the Schedule hereunder, but excluding all mineral rights and any interest held by:
a. a distribution network service provider as a result of the exercise of powers under legislation authorising the provider to erect, install, operate and maintain electricity works in respect of overhead and underground transmission lines that cross the land;
b. a telecommunications service provider as a result of the exercise of powers under the Telecommunications Act 1997 authorising the provider to erect, install, operate and maintain telecommunications works in respect of underground and above ground telecommunications lines that cross the land; and
c. a competent authority as a result of the exercise of powers under legislation authorising the authority to erect, install, operate and maintain works in respect of the provision of gas, water or sewerage in relation to the land.
are acquired by the Commonwealth of Australia by compulsory process for the public purpose of defence.
DATED this 22nd day of August 2012.
Signed by the Hon Gary Gray AO MP, Special Minister of State
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Gary Gray
Special Minister of State
SCHEDULE
The land subject to this declaration is known as 7 Atlee Street, Amberley, the general location of which is identified as A on the attached plan and comprises all the land measuring approximately 0.4047 hectares of land at Amberley in the County of Churchill and Parish of Jeebropilly in the State of Queensland, being Lot 26 Registered Plan 24559 (title reference 15141143).
Overview
The Lands Acquisition Act 1989 was enacted to address the need for the Commonwealth to acquire land for public purposes through compulsory processes, ensuring that fair compensation is provided to landowners. This Act empowers the Commonwealth to acquire various rights related to land, including water rights, for purposes such as defence. The policy objective is to facilitate the acquisition of land necessary for national interests, while ensuring that affected parties are appropriately compensated. This particular declaration, signed by the Hon Gary Gray AO MP, Special Minister of State, pertains to the compulsory acquisition of specific water rights on a parcel of land located at 7 Atlee Street, Amberley, Queensland, for the purpose of defence. The declaration excludes certain rights held by service providers and authorities related to electricity, telecommunications, and utilities.
Scope and Application
The Lands Acquisition Act 1989 applies to the compulsory acquisition of land by the Commonwealth for public purposes, as declared by the Special Minister of State. In this instance, the Act is invoked to acquire all interests and rights to the control, use, and flow of water on or below the surface of a specified parcel of land, excluding mineral rights and specific interests held by distribution network service providers, telecommunications service providers, and competent authorities in relation to their respective infrastructure works. The geographic scope of this Act extends to the Commonwealth level, and its application is specifically directed to the land at 7 Atlee Street, Amberley, in the State of Queensland. This acquisition is for the public purpose of defence, as stated in the declaration. The Act's application is further refined through the exclusion of certain rights related to utilities and services, ensuring that the acquisition process does not unduly impact ongoing infrastructure operations. The Act's provisions may also be extended or restricted through subordinate instruments, which provide additional detail and operational guidelines for the acquisition process.
Key Provisions
The primary sections of the Lands Acquisition Act 1989 that are relevant to this declaration are section 41, which allows the Minister to make a declaration of compulsory acquisition of land, and the Schedule, which identifies the specific land being acquired. Section 41(1) empowers the Minister to declare that certain interests and rights, particularly those related to water control and use, are acquired by the Commonwealth for the public purpose of defence. This acquisition specifically excludes mineral rights and interests held by distribution network service providers, telecommunications service providers, and competent authorities as outlined in the declaration. These exclusions are detailed in subsection 41(1)(a), (b), and (c) respectively.
The Act imposes specific obligations on the parties involved, including the Minister who must formally declare the acquisition under section 41, and the landowners, who must relinquish the specified rights and interests upon the declaration. The Minister is required to ensure that the acquisition is for a public purpose deemed necessary for defence, and that the specified exclusions are properly noted to protect the interests of service providers and authorities. The landowners, upon receiving the declaration, must comply with the terms and conditions of the acquisition, which include the surrender of the specified rights, while retaining any excluded interests.
In terms of legal consequences, the Act does not explicitly state penalties for non-compliance with the compulsory acquisition provisions. However, failure to comply with the declaration could potentially lead to legal action by the Commonwealth to enforce the acquisition. The Act may also permit the Commonwealth to seek compensation for the acquired interests, which would be determined through established legal processes. Additionally, while not explicitly detailed in the text, there may be provisions under other related legislation that could impose civil or criminal penalties for non-compliance or interference with the acquisition process. The maximum penalties would depend on the specific legal framework governing such actions.