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:
a. the land identified as Pieces 81 and 82 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; and
b. the portion of the land contained in Crown Lease Pastoral Number 2283 recorded in Crown Lease Register Book Volume 1299 Folio 37 that is to the North East of the Iron Knob‑Whyalla Road.
The land is part of Crown Lease Pastoral Number 2283 recorded in Crown Lease Register Book Volume 1299 Folio 37. The land is approximately 251 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 'Katunga', Crown Lease Pastoral Number 2283 recorded in Crown Lease Register Book Volume 1299 Folio 37 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, in part: Pieces 81 and 82 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