COMMONWEALTH OF AUSTRALIA
Lands Acquisition Act 1989
ACQUISITION DECLARATION
1. Acquisition
I hereby declare, pursuant to the provisions of subsection 41 (1) of the Lands Acquisition Act 1989, that all 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 described in the Schedule hereunder ("Land").
3. The Interest in Land
This declaration relates to the acquisition of all interests in land (including leasehold) and including all improvements on the Land, 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, 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.
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 the Land specified in paragraph 3 made on 15 October 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 17th day of June 2013.
Signed by the Hon Mark Dreyfus QC MP, Special Minister of State, Minister for the Public Service and Integrity
……………………………………………………
The Hon Mark Dreyfus QC MP
Special Minister of State
Minister for the Public Service and Integrity
SCHEDULE
Lot 25 in Survey Plan 213742, being the land contained in Grazing Homestead Perpetual Lease 35/9785 (title reference 17647227) County of Liebig and Parish of Tilpal; Lot 46 in Crown Plan LBG40179 (title reference 50239306) County of Liebig and Parish of Tilpal; Lot 53 in Survey Plan 213740 (title reference 50739341) County of Liebig and Parish of Tilpal; and Lot 1771 in Survey Plan 213741 (title reference 50739342) County of Liebig and Parish of Tilpal.
The land forms part of property known as ‘The Springs’. The location of the land is shown hatched on the attached Location Plan.
Overview
The Lands Acquisition Act 1989 was enacted by the Parliament of Australia to provide a framework for the compulsory acquisition of land by the Commonwealth for public purposes. The Act was introduced to address the need for a consistent and lawful process for the acquisition of land, ensuring that the rights of landowners are protected while allowing the government to acquire land when necessary for public benefits. The policy objective of the Act is to balance the rights of property owners with the needs of the public, providing a mechanism for fair compensation and due process. The enactment of this legislation ensures that land can be acquired for purposes such as defence, infrastructure projects, and other public interests, while safeguarding the legal rights of those whose land is being acquired.
Scope and Application
The Lands Acquisition Act 1989 applies to the acquisition of land by the Commonwealth of Australia for a public purpose, as specified in the Act. This declaration is made in the context of compulsory acquisition for the purpose of defence, which is a public purpose under the Act. The declaration applies to all interests in land, including leasehold interests and improvements on the land, and rights to control, use, and flow of water on or below the surface of the land. However, it explicitly excludes mineral rights and certain interests held by distribution network service providers, telecommunications service providers, and competent authorities involved in the provision of gas, water, or sewerage services. The acquisition is confined to specific lots within the County of Liebig and Parish of Tilpal, which are part of the property known as ‘The Springs’. The Act provides for the use of subordinate instruments to extend or restrict the application of the declaration, although no such instruments are referenced in this particular declaration.
Key Provisions
The Lands Acquisition Act 1989, under section 41 (1), establishes the framework for the compulsory acquisition of land for public purposes. Section 1 of the Acquisition Declaration specifies the compulsory acquisition of all interests in the land listed in paragraph 3 for the public purpose outlined in paragraph 4, with the Commonwealth of Australia acting as the acquiring authority. This includes all interests in the land, such as leasehold interests, and all improvements on the land, as well as water rights, but explicitly excludes mineral rights and certain utility interests.
In fulfilling their obligations under the Act, the parties involved must adhere to the specifics outlined in the Acquisition Declaration. This includes ensuring that all interests in the land, as defined in paragraph 3, are comprehensively acquired. The exclusion of certain rights, such as those held by distribution network service providers, telecommunications service providers, and competent authorities for utilities, is clearly stated. These exclusions are detailed to prevent any ambiguity regarding which interests are not subject to the acquisition.
Failure to comply with the provisions of the Lands Acquisition Act 1989 can result in legal consequences. While specific offences and penalties are not detailed in the Acquisition Declaration, the Act generally provides for both civil and criminal penalties for breaches. These can include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach. The maximum penalties are prescribed within the broader legislative framework and can be severe, reflecting the importance of adhering to the statutory requirements.
In summary, the Act mandates a compulsory acquisition process for specified land interests, excluding certain utility rights, for a public purpose declared to be defence. The obligations on the acquiring authority and the landowners are clear and detailed, ensuring that the acquisition process is transparent and legally compliant. Any breaches of the Act can lead to significant civil or criminal penalties, highlighting the importance of strict adherence to the statutory requirements.