LANDS ACQUISITION ACT 1989
ACQUISITION DECLARATION
1. Acquisition
In accordance with section 41(1) of the Lands Acquisition Act 1989, I hereby declare that the interests in land specified in paragraph 3 are acquired by compulsory process for the public purpose described in paragraph 4.
The Commonwealth of Australia is the acquiring authority.
2. The Land
This declaration relates to the land identified as Piece 6 on Deposited Plan DP37564 set out in Part 1 of the Schedule, except the land identified as Piece 84 on Plan D85852 (approved by, but not yet deposited in, the South Australian Land Titles Registration Office) set out in Part 1 of the Schedule.
The land is part of the land contained in Crown Lease Pastoral Number 2215 recorded in Crown Lease Register Book Volume 1277 Folio 23. The land is approximately 97 square kilometres and is located in the State of South Australia. A plan showing the approximate location of the land is set out in Part 2 of the Schedule.
3. The Interests in Land
This declaration relates to the acquisition of all interests in the pastoral lease known as 'Corunna', Crown Lease Pastoral Number 2215 recorded in Crown Lease Register Book Volume 1277 Folio 23 in so far as they apply to the land specified in paragraph 2.
This means that the pastoral lease itself is vested in the Commonwealth and freed and discharged from all other interests, pursuant to subsection 41(4) of the Lands Acquisition Act 1989, upon publication of a copy of this declaration in the Gazette. Those other interests are taken to have been acquired by the Commonwealth, by operation of subsection 41(5) of the Lands Acquisition Act 1989.
4. Public Purpose
The public purpose of the acquisition is defence.
5. Pre-acquisition Declaration
This declaration is made following the Pre-acquisition Declaration in relation to the interests in land specified in paragraph 3 made on 14 May 2012.
6. Interpretation
This declaration is to be read and construed subject to the Lands Acquisition Act 1989, and so as not to exceed the power conferred by section 41 of that Act.
If this declaration would, but for this paragraph, be construed as being in excess of the power conferred by section 41 of that Act, it is intended to be valid to the extent to which it is not in excess of that power.
DATED this 23rd day of August 2012.
Signed by the Hon Gary Gray AO MP, Special Minister of State
……………………………………………………
GARY GRAY
Special Minister of State
Schedule
Part 1 - The Land: Piece 6 on Deposited Plan DP37564
Part 1 - Exception from the Land: Piece 84 on Plan D85852
Note: The full Plan D85852 is available at: www.defence.gov.au/id/cultana/default.htm
Part 2 - Location of the Land
Overview
The Lands Acquisition Act 1989 was enacted to provide a legal framework for the Commonwealth of Australia to acquire land or interests in land for public purposes. This Act was introduced to address the need for a structured and legalised process to facilitate the acquisition of land, ensuring that such acquisitions are done fairly and transparently for purposes such as defence, infrastructure, or other public utilities. Enacted by the Parliament of Australia, the Act aims to balance the rights of landowners with the needs of the public, ensuring that compulsory acquisitions are justified and necessary. The policy objective underpinning this legislation is to allow the government to undertake essential projects for the betterment of the public while providing adequate compensation and procedural safeguards for those whose land is acquired.
Scope and Application
The Lands Acquisition Act 1989 applies to the compulsory acquisition of specified interests in land by the Commonwealth of Australia for a public purpose, in this case defence. The Act governs the process by which the Commonwealth may acquire interests in land, including pastoral leases, under a declared public purpose. The geographic scope of this particular acquisition is confined to a 97 square kilometre area of land in South Australia, identified as Piece 6 on Deposited Plan DP37564, excluding a portion identified as Piece 84 on Plan D85852. The declaration vests the pastoral lease 'Corunna' in the Commonwealth, freeing it from all other interests, as per the provisions of the Act. The acquisition follows a pre-acquisition declaration made earlier, and the Act is interpreted in accordance with its provisions, ensuring that the declaration does not exceed the powers granted by section 41 of the Act.
Key Provisions
The main operative sections of the Lands Acquisition Act 1989, as evidenced in the Acquisition Declaration, include section 41(1), which mandates the declaration of compulsory acquisition of specified interests in land for a public purpose. Section 41(4) vests the pastoral lease in the Commonwealth, freeing and discharging it from all other interests upon publication of the declaration in the Gazette, while section 41(5) ensures that other interests are acquired by the Commonwealth. The declaration specifies the land acquired, the interests affected, and the public purpose of the acquisition, which in this case is defence.
The Act imposes several obligations and requirements on the parties involved. The acquiring authority, the Commonwealth of Australia, must declare the compulsory acquisition of specified land interests for a public purpose, as outlined in section 41(1). The declaration must detail the land and interests affected, the public purpose, and be published in the Gazette. The Commonwealth must also ensure that the acquisition process adheres to the terms set out in the Act, and that all steps are taken to minimise disruption and provide fair compensation to those affected by the acquisition.
Under the Lands Acquisition Act 1989, breaches of the provisions or failure to comply with the obligations and requirements can lead to various legal consequences. Although specific offences and penalties are not detailed within the provided text, it is common under such legislation for penalties to include fines and, in severe cases, criminal charges. The maximum penalties for offences can vary significantly, depending on the nature and severity of the breach, but they may include substantial financial penalties and, in cases of deliberate or negligent non-compliance, imprisonment.
The declaration also serves to notify the public and affected parties of the acquisition, ensuring transparency and adherence to legal requirements. The public purpose, defence, justifies the compulsory nature of the acquisition, aligning with the overarching legislative intent to facilitate necessary acquisitions for significant national interests. This structured approach ensures that the process is conducted lawfully and fairly, protecting both the public interest and the rights of individuals whose property is affected.