Lands Acquisition (Defence) Act 1968

Administered by Department of Finance

Legislation au C1968A00136 Not in force Act

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Lands Acquisition (Defence)

No. 136 of 1968

An Act to make provision for the Acquisition by the Commonwealth, for Defence purposes, of certain Land in the State of New South Wales.

[Assented to 9 December 1968]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Lands Acquisition (Defence) Act 1968.


Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Section 6 (2.) of Lands Acquisition Act not to apply to acquisition of certain land for defence purposes.

3. Sub-section (2.) of section 6 of the Lands Acquisition Act 1955-1966 does not apply to or in relation to the acquisition, for the purposes of the naval and military defence of the Commonwealth, or for any purpose included in those purposes, of the whole or any part of the following land:—

(a) the land described in the notice by the Minister of State for Lands of the State of New South Wales published on page 713 of the Government Gazette of the State of New South Wales dated the twenty-fourth day of February, One thousand nine hundred and sixty-seven, a copy of which notice is set out in the First Schedule to this Act;

(b) the land described, under the heading OHares Creek, in the Schedule to the Authority given by the Governor-General under section 69 of the Defence Act 1903-1965 on the twenty-fifth day of November, One thousand nine hundred and sixty-six, and published on pages 5994 and 5995 of the Commonwealth of Australia Gazette dated the first day of December of that year, a copy of the description of which land in that Schedule is set out in the Second Schedule to this Act; and

(c) the land comprised in Portion 14, and in Portion 15, Parish of Eckersley, County of Cumberland, in the State of New South Wales.

 

THE SCHEDULES

 

FIRST SCHEDULE

Section 3 (a).

Copy of Notice Published in New South Wales Government Gazette.

Sydney, 24th February, 1967.

reserve from sale

IT is hereby notified that in pursuance of the provision of section 28 of the Crown Lands Consolidation Act, 1913, the Crown Land hereunder described shall be reserved from sale for the public purpose hereinafter specified, and is hereby reserved accordingly.

t. l. lewis, Minister for Lands.

 

for public recreation

Land District-Metropolitan; Shire-Sutherland: Municipality-Campbelltown; City-Liverpool

No. 86, 195. Parishes Holsworthy, Eckersley and Wedderburn, County Cumberland, about 38,680 acres, being the lands shown by red edges on plan catalogued Ms. 20, 717 Sy. Plans C.555R., 1,254r., 1,255, 1,256, 1,257r., 1,270, 1,271, 1,315, 1,317, 1,318, 1,319, 1,321, 1,322, 1,323, 1,324, 1,339r., 1,349, 1,391, 1,397, 1,398r., 1,399, 1,516, 1,548, 1,580, 1,786, 1,788,1,789, 1.842R., 1,857r., 1,858r., 1,935, 1,936, 1,937, 1,938, 1,939, 1,940, 1,948r., 2,335r., 2,336r., 2,337r., 2,602r., 6,887r., 7,126r., 7,349, 7,648-2,030r. C. 748-690. L.B. 49-1,093. P. 64-384.


SECOND SCHEDULE

Section 3 (b).

Copy of Description of OHares Creek Land in Authority by Governor-General Published in Commonwealth of Australia Gazette.

In the Parish of Eckersley all that portion to the south and west of a boundary made by Dahlia Creek and the northern boundary of portion 4 and thence south along the old Illawarra Road.

In the City of Greater Wollongong all that portion west of the Illawarra Road to Bishops Corner from thence along a line of bearing 192 degrees (magnetic) to the northern boundary of R50787 and the Metropolitan Catchment Area, following this boundary to its junction with the Appin Road thence westerly along this road.

In the Parish of Wedderburn all that area bounded in the north by the northern boundaries of portions 3, 8 and 9; to the east by OHares Creek to where it joins Dahlia Creek; on the west by the road running through portions 3, 6 and 7 and along the western boundaries of portions 10, 15 and 47, thence west along the southern border of portion 13 to the Georges River, following south along this River to Brennans Creek; in the south line of Brennans Creek to where it meets the extension to the west of portion 33, thence to portion 33 south along its western boundary to the Wollongong-Appin Road, then east along this road to the Parish border.

 

Overview

The Lands Acquisition (Defence) Act 1968 was enacted to facilitate the acquisition of specific land in New South Wales for defence purposes by the Commonwealth. This legislation was introduced to address the need for the Commonwealth to acquire land efficiently and effectively to support national security and defence objectives. Enacted by the Australian Parliament, the Act specifically exempts certain land acquisitions from certain provisions of the Lands Acquisition Act 1955-1966 to streamline the process for defence-related land acquisition. The policy objective is to ensure that the Commonwealth can secure necessary land resources without unnecessary procedural delays, thereby supporting the broader strategic defence needs of the country. The Act came into operation on the day it received Royal Assent, indicating the urgency and importance placed on this specific acquisition for defence purposes. By setting aside certain legislative constraints, the Act aims to provide the flexibility required for timely and strategic land acquisition, thereby ensuring that defence-related land can be acquired swiftly to meet the demands of national security.

Scope and Application

The Lands Acquisition (Defence) Act 1968 serves to facilitate the acquisition by the Commonwealth of specified land in New South Wales for defence purposes. The Act applies to the acquisition of particular parcels of land, detailed in the Act's schedules, which are intended for use in support of the naval and military defence of the Commonwealth. These parcels of land include certain areas specified in a notice published in the New South Wales Government Gazette on 24 February 1967 and described in a schedule to an Authority given by the Governor-General under the Defence Act 1903-1965, as well as land in specific portions of the Parish of Eckersley, County of Cumberland. The Act specifically exempts these acquisitions from the application of subsection (2) of section 6 of the Lands Acquisition Act 1955-1966, streamlining the process for acquiring land for defence purposes. The jurisdictional reach of the Act is limited to the State of New South Wales, ensuring that the provisions apply exclusively within the boundaries of this state. The Act does not extend its application beyond the specified parcels of land and purposes outlined within it.

Key Provisions

The Lands Acquisition (Defence) Act 1968 (Act) outlines the provisions for the Commonwealth's acquisition of specified land in New South Wales for defence purposes. The Act exempts certain land acquisitions from the restrictions outlined in section 6(2) of the Lands Acquisition Act 1955-1966, specifically for the purposes of naval and military defence of the Commonwealth. This includes land identified in a notice by the Minister of State for Lands of New South Wales published in the Government Gazette (Schedule 1), land described under "O'Hare's Creek" in an Authority given by the Governor-General (Schedule 2), and land in Portions 14 and 15 of the Parish of Eckersley, County of Cumberland. The Act imposes on the Commonwealth the responsibility to acquire the specified land for defence purposes, and on the landholders, the requirement to comply with the provisions of the Act when the Commonwealth exercises its powers of acquisition. The Act also ensures that the Commonwealth must follow the necessary procedures and provide appropriate compensation to the landholders for the land acquired. The Act does not explicitly state any offences or penalties for breaches of its provisions. However, breaches of the Lands Acquisition Act 1955-1966, which the Act modifies in relation to the specified land acquisitions, may incur civil or criminal consequences, depending on the nature of the breach. Penalties for such breaches can include fines and imprisonment, as stipulated in the Lands Acquisition Act 1955-1966. It is essential for parties involved to adhere to the legal requirements to avoid any potential consequences arising from non-compliance.

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Defence Law
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Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.