Lands Acquisition Regulations (Amendment) 1994 No. 389
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 389
Issued by the authority of the Minister for Administrative Services
Lands Acquisition Act 1989
Lands Acquisition Regulations (Amendment)
Section 140 of the Lands Acquisition Act 1989 (the 1989 Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.
Section 6 of the Act defines "Commonwealth Authority" for the purposes of the Act.
Schedule 1 to the Lands Acquisition Regulations (the Regulations) lists those authorities which have been exempted from the provisions of the Act.
The Pipeline Authority was exempt from the provisions of the Lands Acquisition Act 1955 (the 1955 Act). It was intended to preserve exemptions under the 1955 Act when the 1989 Act was proclaimed. Unfortunately, the exemption in place for the Pipeline Authority was inadvertently not preserved.
The Pipeline Authority wished to regain the degree of operational flexibility that accompanied the exemption under the 1955 Act and had an exemption declared under the 1989 Act. The exemption enables the Pipeline Authority to conduct commercial property transactions under the provisions of the Pipeline Authority Act 1973, while retaining its access to the compulsory acquisition provisions of the Lands Acquisition Act 1989.
Overview
The Lands Acquisition Regulations (Amendment) 1994 No. 389 was introduced to address an oversight in the transition from the Lands Acquisition Act 1955 to the Lands Acquisition Act 1989. The Act was enacted by the Parliament of Australia and aimed to restore a specific exemption that the Pipeline Authority had under the 1955 Act but inadvertently lost in the 1989 Act. The Pipeline Authority sought to regain the operational flexibility that the exemption provided, allowing it to undertake commercial property transactions under the Pipeline Authority Act 1973 while still having recourse to the compulsory acquisition provisions of the 1989 Act. This regulatory amendment aimed to ensure that the Pipeline Authority could continue to function effectively without the constraints imposed by the Lands Acquisition Act 1989.
Scope and Application
The Lands Acquisition Regulations (Amendment) 1994 No. 389, issued under the authority of the Minister for Administrative Services, amends the Lands Acquisition Regulations to rectify an oversight regarding the exemption of the Pipeline Authority from the provisions of the Lands Acquisition Act 1989. This amendment ensures that the Pipeline Authority retains its exemption from certain compulsory acquisition provisions, allowing it to engage in commercial property transactions under the Pipeline Authority Act 1973 while still having access to the compulsory acquisition provisions of the Lands Acquisition Act 1989. This change reinstates the operational flexibility previously enjoyed under the Lands Acquisition Act 1955, which was unintentionally omitted during the transition to the 1989 Act. The regulations apply specifically to the Pipeline Authority, thereby impacting only this entity within the Commonwealth jurisdiction, and no broader exclusions, exemptions, or thresholds are stated beyond this specific case.
Key Provisions
The main operative sections of the Lands Acquisition Regulations (Amendment) 1994 No. 389 pertain to the amendment of the Lands Acquisition Regulations, particularly focusing on the exemption of the Pipeline Authority from the compulsory acquisition provisions under the Lands Acquisition Act 1989. Section 140 of the 1989 Act empowers the Governor-General to make regulations for the purposes of the Act, and it is within this framework that the amendments have been made. The Schedule to the Regulations lists the authorities exempted from the provisions of the Act, with the amendment specifically addressing the oversight that caused the Pipeline Authority's exemption to be inadvertently excluded during the transition from the 1955 Act to the 1989 Act.
The Obligations and requirements imposed by the Act on the parties and entities it governs are primarily concerned with ensuring that the Pipeline Authority can operate with the operational flexibility it previously enjoyed under the 1955 Act. The Act ensures that the Pipeline Authority can engage in commercial property transactions under the provisions of the Pipeline Authority Act 1973 without being subject to the compulsory acquisition procedures of the 1989 Act. This exemption allows the Pipeline Authority to manage its operations in a manner consistent with its statutory objectives while still having recourse to the compulsory acquisition powers of the 1989 Act when necessary. The amendment ensures that the Pipeline Authority retains a balance between its commercial activities and its statutory obligations.
Any offences, penalties, or civil/criminal consequences for breach of the provisions in the amended regulations are not explicitly stated within the explanatory statement. However, given the legislative context, any breach of the regulations could potentially lead to legal challenges or administrative actions against the Pipeline Authority for non-compliance with the statutory requirements. The consequences of such breaches would likely be determined by the specific provisions of the Lands Acquisition Act 1989 and the Pipeline Authority Act 1973, which could include fines, injunctions, or other remedial actions to ensure compliance with the legislative framework. The maximum penalties, if applicable, would be governed by the respective acts and would need to be considered in the context of any breach or non-compliance issues.