LANDS ACQUISITION ACT 1989
PRE-ACQUISITION DECLARATION
1. Acquisition
In accordance with the Lands Acquisition Act 1989, I am considering the acquisition of the interests in land specified in paragraph 3 for the public purpose described in paragraph 4.
The Commonwealth of Australia is the acquiring authority.
2. The Land
This declaration relates to approximately 1.115 hectares of land at Amberley in the County of Churchill and Parish of Jeebropilly in the State of Queensland, being the unformed road known as Atlee Street.
The land is shown hatched on the attached Location Plan.
3. The Interests in Land
This declaration relates to the acquisition of all interests, and all rights to the control, use and flow of water on or below the surface of the land including the right to extract by use of bores, capture by use of dams and use water, in the land specified in paragraph 2, but excluding all mineral rights and any interest held by:
a. a distribution network service provider as a result of the exercise of powers under legislation authorising the provider to erect, install, operate and maintain electricity works in respect of overhead and underground transmission lines that cross the land;
b. a telecommunications service provider as a result of the exercise of powers under the Telecommunications Act 1997 authorising the provider to erect, install, operate and maintain telecommunications works in respect of underground and above ground telecommunications lines that cross the land; and
c. a competent authority as a result of the exercise of powers under legislation authorising the authority to erect, install, operate and maintain works in respect of the provision of gas, water or sewerage in relation to the land.
4. Public Purpose
The public purpose of the acquisition is defence.
5. Suitability for use for a public purpose
The land appears to be suitable for use by the Commonwealth of Australia for the public purpose described in paragraph 4.
6. Particulars of Proposed Use
The land is to be used by the Department of Defence (Royal Australian Air Force) in relation to the operations of RAAF Base Amberley.
7. Reasons why the Land appears to be Suitable for the Proposed Use
The reason why the land appears to be suitable for the use described in paragraph 6 is that it is in an area adjacent to the Department of Defence owned RAAF Base Amberley facility at Amberley, Queensland, and the acquisition of the land will enable relocation of the RAAF Base Amberley perimeter fence and the establishment of new training facilities.
DATED this 14th day of March 2013.
Signed by Ned Rokvic, delegate of the Minister for Finance and Deregulation
……………………………………………………
Ned Rokvic
Delegate of the Minister for Finance and Deregulation
Director, Land Acquisition, Native Title and Mining
Heritage, Environment and Land Policy Branch
Department of Finance and Deregulation
Note: This Pre-Acquisition Declaration signifies that the Commonwealth is considering acquisition of the interests in land specified in paragraph 3. It does NOT mean that the interests in land have been acquired.
Overview
The Lands Acquisition Act 1989, enacted by the Parliament of Australia, was introduced to address the need for a structured and transparent process for the acquisition of land by the Commonwealth for public purposes. This Act provides a framework to ensure that acquisitions are carried out in a manner that is fair and equitable, with adequate compensation to the landowners. The Act aims to clarify the rights and obligations of both the acquiring authority and the landowners, ensuring that the process is conducted efficiently and with due regard for the interests of all parties involved. The policy objective behind the Act is to facilitate the acquisition of land necessary for public projects while protecting the rights of landowners and ensuring that the process is conducted in an orderly and lawful manner.
Scope and Application
The Lands Acquisition Act 1989 governs the acquisition of specified interests in land by the Commonwealth of Australia, as evidenced by this pre-acquisition declaration. The Act applies to the acquisition of all interests in the specified land, excluding mineral rights and interests held by distribution network service providers, telecommunications service providers, and competent authorities for gas, water, or sewerage works. The acquisition under consideration concerns approximately 1.115 hectares of land in Amberley, Queensland, specifically the unformed road known as Atlee Street. This acquisition aims to support the public purpose of defence, facilitating the relocation of the RAAF Base Amberley perimeter fence and the establishment of new training facilities. The geographic reach of this Act is national, with the Commonwealth exercising its powers in accordance with the legislation. The Act does not specify any exclusions, exemptions, or thresholds beyond those mentioned in the declaration. The application of the Act may be further detailed through subordinate instruments, which could provide additional procedural and administrative guidelines.
Key Provisions
The Lands Acquisition Act 1989 provides a framework for the acquisition of land by the Commonwealth for public purposes, as outlined in section 3. Specifically, section 3 details the interests in land to be acquired, while section 4 specifies the public purpose, in this case, defence. Section 5 assesses the suitability of the land for the intended public purpose, and section 6 indicates the proposed use by the Department of Defence for the operations of RAAF Base Amberley. This Pre-Acquisition Declaration serves as an official notification to the landowners and relevant stakeholders that the Commonwealth is considering the acquisition of specified interests in land.
The obligations imposed by the Act on the parties involved are primarily informational and procedural. Section 1 of the declaration identifies the acquiring authority, the Commonwealth of Australia, and outlines the public purpose for the acquisition. Section 2 provides a detailed description of the land to be acquired, including its location and dimensions. Section 3 specifies the interests in land to be acquired, ensuring clarity and transparency in the process. Additionally, section 5 assesses the suitability of the land for the intended public purpose, while section 6 details the proposed use of the land by the Department of Defence. These sections collectively ensure that all relevant information is provided and that the acquisition process adheres to the legislative requirements.
The Lands Acquisition Act 1989 also includes provisions for offences, penalties, and consequences for non-compliance. However, the specific offences and penalties are not detailed within the Pre-Acquisition Declaration itself but would be found within the broader Act. Generally, the Act may include provisions for unauthorised occupation or interference with acquired land, failure to provide required information, or non-compliance with the terms of the acquisition. Penalties for such offences can vary but may include fines, imprisonment, or other civil or criminal consequences as stipulated by the Act. The maximum penalties would be detailed in the specific sections of the Act that address these offences. It is essential for all parties involved to understand and comply with these obligations to avoid any legal repercussions.