EXPLANATORY STATEMENT
Statutory Rules 1990 No. 291
Lands Acquisition Regulations (Amendment!
(Issued under the authority of the Minister of State for
Administrative Services)
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.
Proposed regulation 1 provides for the amendment of the Lands Acquisition Regulations.
Proposed regulation 2 omits existing regulation 4 which provides that the Act does not apply to acquisitions of interests in land in specified circumstances by the Aboriginal Development Commission (ADC). The ADC has ceased to exist and has been replaced by the Aboriginal and Torres Strait Islander Commission (ATSIC). The Government has decided that ATSIC should be in the same position in relation to the acquisition of interests in land as was the ADC. To achieve this, the proposed Regulations substitute a new regulation 4 to reflect the creation of ATSIC.
Proposed regulation 3 omits existing regulation 7 and substitutes a new one, to reflect the creation of ATSIC and to give it powers of disposal of land that it has acquired.
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 the existing Regulations lists those authorities which have been exempted.
Proposed regulation 4 adds eight statutory authorities to the list of exempt authorities in Schedule 1 to the existing Regulations. Proposed regulation 4.2 omits from Schedule 1 existing items 5A and 5B, namely Australian Postal Corporation and Australian Telecommunications Corporation and replaces them in Schedule 1 in alphabetical order as items 5C and 5F. The reasons for the addition of the eight authorities follow.
The Australian Horticultural Corporation, the Australian Horticultural Research and Development Corporation and the Australian Meat and Livestock Research and Development Corporation are primary industry authorities that have been established recently. The Government previously decided that
authorities in this category should be free to conduct their own property transactions on the open market without reference to the Act. Other primary industry authorities were exempted from the provisions of the Act at the time of its commencement. These authorities now need to be exempted from the provisions of the Act to be consistent with the earlier decision.
The Australian National Railways Commission, the Australian Shipping Commission and the Health Insurance Commission had previously been exempted from the provisions of the Lands Acquisition Act 1955 which was repealed by the Act. That they are not already exempt from the provisions of the Act is an oversight that now needs to be remedied.
The Australian Securities Commission commenced on 1 July 1990 and in keeping with its charter needs to be able to conduct its own property transactions without reference to the Act. It now needs to be exempted from the provisions of the Act.
It has been decided that the Special Broadcasting Service should be in the same position in relation to property matters as the Australian Broadcasting Corporation which is already exempt from the provisions of the Act. It is therefore necessary that the Special Broadcasting Service also be exempted from the provisions of the Act.
The proposed amendments to the existing Regulations will exempt the eight last-mentioned authorities from the provisions of the Act. The authorities will then be free to conduct their -own property transactions without reference to the Act. The amendments will also mean that ATSIC will be in the same position as was the ADC in relation to the acquisition and disposal of interests in land.
The proposed regulations will come into effect upon publication in the Gazette.
Overview
The Lands Acquisition Regulations (Amendment) 1996, enacted under the authority of the Minister of State for Administrative Services, addresses the need to update the Lands Acquisition Regulations 1990 to reflect changes in statutory authorities and their roles. This amendment was necessary to ensure that certain authorities can continue to manage their property transactions without being constrained by the Lands Acquisition Act 1989. Specifically, it replaces the defunct Aboriginal Development Commission with the Aboriginal and Torres Strait Islander Commission, ensuring continuity in the authority's ability to acquire or dispose of land interests. Additionally, the amendment introduces exemptions for newly established primary industry authorities and corrects oversights regarding previously exempted authorities. The objective of these changes is to streamline property transactions for these authorities, allowing them to operate more efficiently within their respective sectors.
Scope and Application
The Lands Acquisition Regulations (Amendment) Statutory Rules 1990 No. 291 amends the Lands Acquisition Regulations to update the application of the Lands Acquisition Act 1989 in light of the cessation of the Aboriginal Development Commission (ADC) and the establishment of the Aboriginal and Torres Strait Islander Commission (ATSIC), as well as the creation of new statutory authorities and the amendment of existing ones. The regulations specify that ATSIC is now subject to the same provisions as the ADC in relation to the acquisition and disposal of land interests, thus ensuring continuity in the treatment of these entities under the Act. Additionally, the regulations exempt eight specified statutory authorities from the Act’s requirements, allowing them to conduct their own property transactions without reference to the Act. These authorities include the Australian Horticultural Corporation, the Australian Horticultural Research and Development Corporation, the Australian Meat and Livestock Research and Development Corporation, the Australian National Railways Commission, the Australian Shipping Commission, the Health Insurance Commission, the Australian Securities Commission, and the Special Broadcasting Service. The amendments are designed to maintain consistency with previous decisions regarding the exemption of similar authorities and to rectify oversights from the previous Lands Acquisition Act 1955. The proposed regulations will take effect upon their publication in the Gazette.
Key Provisions
The main operative sections of the Lands Acquisition Regulations (Amendment) Statutory Rules 1990 No. 291 concern the amendment and substitution of certain regulations to reflect changes in statutory authorities and their functions. Regulation 1 amends the Lands Acquisition Regulations to update the reference from the Aboriginal Development Commission (ADC) to the Aboriginal and Torres Strait Islander Commission (ATSIC), ensuring that ATSIC is subject to the same provisions as the ADC regarding the acquisition and disposal of interests in land (reg 2). Regulation 3 substitutes a new regulation to grant ATSIC the authority to dispose of land it has acquired. Additionally, regulation 4 adds eight statutory authorities to the list of exempt authorities in Schedule 1, thereby exempting them from the provisions of the Lands Acquisition Act 1989 (reg 4). Regulation 4.2 removes Australian Postal Corporation and Australian Telecommunications Corporation from Schedule 1 and adds them alphabetically as items 5C and 5F.
The obligations and requirements imposed by these regulations on the parties or entities they govern primarily revolve around the acquisition and disposal of land interests. For ATSIC, the regulations ensure continuity in its ability to acquire and dispose of land interests, aligning it with the ADC's previous position. For the eight newly exempted authorities, these regulations impose the obligation to conduct their property transactions independently of the Act, thereby granting them flexibility in market-based property dealings. These authorities must now operate under their own charters without the constraints of the Act, facilitating more direct and efficient property management.
The regulations do not explicitly outline specific offences, penalties, or consequences for breaches. However, any failure by ATSIC to adhere to the updated provisions regarding land acquisition and disposal could potentially lead to legal challenges or disputes under the Act. For the exempted authorities, non-compliance with the terms of their exemption could result in their property transactions being subject to the provisions of the Act, which might not align with their operational needs. It is important for these authorities to ensure their transactions comply with the terms of their exemption to avoid any inadvertent breaches.
In conclusion, the Lands Acquisition Regulations (Amendment) Statutory Rules 1990 No. 291 aim to update the regulatory framework to reflect current statutory authorities and their roles. These amendments ensure that ATSIC maintains its previous position in land transactions and that newly established and existing authorities can conduct their property dealings without the constraints of the Act. While the regulations do not specify penalties for breaches, non-compliance could lead to significant operational challenges for the affected authorities.