STATUTORY RULES.
1915. No. 74.
REGULATIONS UNDER THE LANDS ACQUISITION ACT 1906.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Lands Acquisition Act 1906 to come into operation forthwith.
Dated the fifth day of May, One thousand nine hundred and fifteen
(Sgd.) R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
(Sgd.) W. O. ARCHIBALD,
Minister of State for Home Affairs.
Repeal of Forms F and H in the Schedule to the Regulations under the Lands Acquisition Act 1906 (Statutory Rules 1907, No. 110) and Substitution of Fresh Forms.
Forms F and H in the Schedule to the Regulations under the Lands Acquisition Act 1906 are omitted, and the following forms substituted in their stead:—
1. In place of Form F:—
“Commonwealth of Australia.
Form F.
The Lands Acquisition Act 1906.
In re land at
Notice of Offer by the Minister in Satisfaction of a Claim for Compensation.
To
of
Take notice that I offer you the sum of in satisfaction of your claim for compensation in respect of the land acquired by the Commonwealth, and referred to in the Notice of Acquisition of Land No.
If you accept this offer, the amount offered will be paid to you on compliance with the above Act, with interest from the date of acquisition to the date of payment, at the rate of 3 per centum per annum.
You are required, within sixty days after the receipt of this offer, to notify me in writing whether you do or do not accept this offer.
Dated the day of 191 .
Minister of State for Home Affairs.”
C.5245.—Price 3d.
2. In place of Form H:—
“Commonwealth of Australia.
Form H.
The Lands Acquisition Act 1906.
In re land at
Notice by a Claimant that He does or does not Accept the Minister’s Offer in Satisfaction of a Claim for Compensation.
To the Minister of State for Home Affairs.
I/We hereby give notice that I/we (a) accept your offer of £ with interest to the date of payment in satisfaction of my/our claim for compensation in respect of
Dated the day of 191 .
(a) If the offer is not accepted insert here the words ‘do not.’
Note.—This notice must be sent to the Minister within sixty days after the receipt of his offer.”
3. The Provisional Regulations dated 21st January, 1915, Statutory Rules 1915, No. 11, are repealed.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Lands Acquisition Act 1906 was enacted to provide a legal framework for the Commonwealth to acquire land for public purposes. The Act was introduced to address the need for a systematic process for land acquisition, ensuring fair compensation for landowners and a transparent process for the Commonwealth to acquire necessary land. The Regulations under the Lands Acquisition Act 1906 (Statutory Rules 1915, No. 74) were made by the Governor-General in Council, acting on the advice of the Minister of State for Home Affairs, with the policy objective of ensuring clarity and fairness in the compensation claims process. These regulations replaced previous forms to streamline the process, requiring claimants to notify the Minister within sixty days of receiving an offer of compensation and allowing for the payment of interest on the compensation amount.
Scope and Application
The Regulations under the Lands Acquisition Act 1906 apply to the Commonwealth of Australia, specifically targeting the Minister of State for Home Affairs in the context of acquiring land. This act governs the procedures and forms necessary for the Commonwealth to offer compensation to individuals or entities whose land is acquired for public purposes. The geographic reach of these regulations is national, as they pertain to the Commonwealth’s authority to acquire land across Australia. The application of the Act is limited to those who have land acquired by the Commonwealth and who may be entitled to compensation under the Act. Excluding any specific entities or industries from its application, the Act applies broadly to any land acquisition by the Commonwealth, ensuring that the processes for compensation are transparent and formalised. The substitution of Forms F and H streamlines the communication between the Minister and claimants, formalising the offer and acceptance process. These Regulations further refine the procedural aspects of land acquisition, ensuring that the compensation process is legally sound and uniformly applied across the nation.
Key Provisions
The principal operative sections of these Regulations, made under the Lands Acquisition Act 1906, involve the repeal of existing Forms F and H and their replacement with new forms (regs. 1 and 2). These forms are integral to the notification and acceptance process for offers of compensation related to land acquisitions by the Commonwealth. Form F (reg. 1) is used by the Minister of State for Home Affairs to notify landowners of the offer made in satisfaction of their compensation claim. It requires the landowner to decide within sixty days whether to accept the offer. Form H (reg. 2) is for the landowner to communicate their decision regarding the acceptance of the compensation offer back to the Minister. These forms streamline the process and ensure clarity in the communication between the Commonwealth and landowners regarding compensation offers.
The obligations imposed by these Regulations are primarily on the Minister of State for Home Affairs and the landowners. The Minister is required to use the new Form F to notify landowners of the compensation offer, ensuring that all necessary details, including the amount offered and the interest rate, are clearly stated (reg. 1). The landowner, upon receiving the offer, must respond within sixty days using Form H, indicating whether they accept or decline the offer (reg. 2). These forms and timelines are designed to ensure a timely and transparent process for compensation offers following land acquisitions by the Commonwealth.
The Regulations also address the repeal of the Provisional Regulations dated 21st January, 1915 (reg. 3). This repeal signifies an update or refinement to the procedural forms used in the compensation process. While the Regulations do not explicitly mention any offences, penalties, or consequences for non-compliance, it is implied that adherence to the stipulated timelines and use of the correct forms is crucial. Failure to comply with these provisions could potentially lead to disputes or delays in the compensation process, but specific penalties are not detailed within the text of these Regulations.