Lands Acquisition Regulations (Amendment) 1993 No. 56
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 56
Issued by the authority of the Minister for the Arts and Administrative Services
Lands Acquisition Act 1989
Lands Acquisition Regulations (Amendment)
Section 140 of the Lands Acquisition Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Paragraphs 21(1)(b) and 117(1)(b) of the Act provide respectively that the regulations may specify circumstances in which the Commonwealth or a Commonwealth authority may acquire or dispose of an interest in land otherwise than in accordance with the Act.
Section 6 of the Act defines "Commonwealth authority" for the purposes of the Act. However the section also provides that authorities can be declared to be exempt authorities by regulation. Schedule 1 to the existing Regulations lists those authorities which have been exempted.
The Australian Maritime Safety Authority (the Authority) is to be included in the list of exempt authorities. As the Authority's enabling Act includes the power to acquire, hold and dispose of real and personal property, it has been decided that the Authority should be in the same position in relation to property matters as the Civil Aviation Authority and the Federal Airports Corporation. These Authorities were already exempt through their enabling legislation when the Lands Acquisition Act 1989 came into force in 1989. The Lands Acquisition Act 1989 provides for exemption by regulation. As the Authority was not established until 1 January 1991 it is therefore necessary to exempt the Authority by regulation.
The amendment to the Lands Acquisition Regulations will exempt the Australian Maritime Safety Authority from the provisions of the Act. The Authority will then be free to conduct its own property transactions without reference to the Act.
Details of the Regulations are as follows.
Regulation 1 provides for the amendment of the Lands Acquisition Regulations.
Regulation 2 adds the Australian Maritime Safety Authority to the list of exempt authorities in Schedule 1 to the existing Regulations.
The Regulations commence an gazettal.
Overview
The Lands Acquisition Regulations (Amendment) 1993 No. 56 was enacted to address the need for certain Commonwealth authorities to be exempt from the provisions of the Lands Acquisition Act 1989, allowing them to conduct their own property transactions independently of the Act. This regulation was issued under the authority of the Minister for the Arts and Administrative Services and aimed to ensure that the Australian Maritime Safety Authority (the Authority) is included in the list of exempt authorities, thus aligning its property-related powers with those of other authorities already exempt through their enabling legislation.
The policy objective behind this amendment was to streamline property transactions for specified authorities by exempting them from the requirements of the Lands Acquisition Act 1989. Given that the Authority was established after the Act came into force, its inclusion in the list of exempt authorities via regulation was a necessary step to reflect its legislative powers and operational independence. The amendment, therefore, ensures that the Authority can manage its property interests without the constraints imposed by the Act.
Scope and Application
The Lands Acquisition Regulations (Amendment) 1993 No. 56, issued under the authority of the Minister for the Arts and Administrative Services, amends the existing Lands Acquisition Regulations to adjust the application of the Lands Acquisition Act 1989. This amendment specifically alters the regulatory framework to exempt the Australian Maritime Safety Authority from the provisions of the Act, allowing the Authority to independently manage its property transactions. This exemption aligns the Authority with other Commonwealth authorities, such as the Civil Aviation Authority and the Federal Airports Corporation, which were already exempt when the Act came into force in 1989. Regulation 1 modifies the existing regulations, while Regulation 2 adds the Australian Maritime Safety Authority to the list of exempt authorities detailed in Schedule 1. The Regulations come into effect upon gazette.
Key Provisions
The Lands Acquisition Regulations (Amendment) 1993 No. 56, as outlined in the explanatory statement, primarily modifies the existing Lands Acquisition Regulations to exempt the Australian Maritime Safety Authority (AMSA) from the provisions of the Lands Acquisition Act 1989. The Act, in Section 140, authorises the Governor-General to make regulations for the purposes of the Act, which include specifying circumstances under which the Commonwealth or a Commonwealth authority can acquire or dispose of an interest in land outside the Act's regular provisions. Regulation 1 of the amendment adjusts the existing regulations to incorporate this change, while Regulation 2 specifically adds AMSA to the list of exempt authorities in Schedule 1.
The obligations imposed by the amendment on AMSA are primarily to operate independently in property transactions without needing to comply with the Lands Acquisition Act 1989. This exemption aligns AMSA with other authorities such as the Civil Aviation Authority and the Federal Airports Corporation, which were already exempt when the Act came into force in 1989. This change formalises AMSA’s status, as its enabling Act includes the power to acquire, hold, and dispose of real and personal property.
Regarding compliance, AMSA must ensure that any property transactions it undertakes are in accordance with its own enabling legislation and other relevant laws, rather than following the procedures outlined in the Lands Acquisition Act 1989. This autonomy allows AMSA to manage its property interests more efficiently and without the procedural constraints imposed by the Act.
The explanatory statement does not specify any new offences, penalties, or consequences for breaches of these regulations. However, any breaches of property laws by AMSA would still be subject to the penalties and consequences applicable under other relevant legislation. The Lands Acquisition Act 1989 itself does not outline specific penalties for breaches but would typically fall under general legal consequences for non-compliance with statutory requirements.