LANDS ACQUISITION ACT 1989
PRE-ACQUISITION DECLARATION
- Acquisition
In accordance with the Lands Acquisitions 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 Murray-Darling Basin Authority is the acquiring authority.
2. The land
The land is two properties. The first property is described as part of Crown Allotment 7B in Title Plan TP752043X, identified in Schedules 1 & 2. The second property is described as part of Lot 1 (formally known as part of Crown Allotment 5A) in Title Plan TP220342F, identified in Schedules 1 & 3. Both properties are located in the Parish of Gunbower, Victoria. These properties are located on Cohuna Island Road, approximately 12 kilometres north-west of Cohuna, Victoria, as set out in Schedule 1.
3. The interests in the land
This declaration relates to the acquisition of two easements for flooding, the first identified as “E-1” in Schedule 2 and the second identified as “E-1” in Schedule 3, in the land specified in paragraph 2.
4. The public purpose
The public purpose of the acquisition is to enable the Murray-Darling Basin Authority to give directions for, and to manage, the release of water from the Gunbower Creek into the Gunbower Forest for environmental watering purposes.
5. Suitability for development for use for a public purpose
The land is located on the boundary of the Gunbower Forest and forms part of the natural floodplain. As a result, it is suitable for the public purpose described in paragraph 4.
6. Particulars of proposed development for use
The proposed releases will be from Gunbower Creek into the Gunbower Forest at a rate of up to, but not exceeding, 1,650 megalitres in any period of 24 hours measured at the Hipwell Rd Regulator, for a minimum of 90 days, six out of every 10 years on a rolling basis.
7. Reasons why the land appears to be suitable for the proposed development for use
The land specified in paragraph 2 is suitable for the use described in paragraph 6 because it borders the Gunbower Forest. The easement specified in paragraph 3 will provide security for the proposed environmental watering of Gunbower Forest in the event that water released from Gunbower Creek encroaches on and inundates the land.
Dated this 21st day of February 2013.
Guy Verney
Delegate of the Minister for Finance and Deregulation
Assistant Secretary
Heritage, Environment and Land Policy Branch
Property and Construction Division
Department of Finance and Deregulation
Note: This Pre-Acquistion Declaration signifies that the Murray-Darling Basin Authority is considering an acquisition of the interest in land specified in paragraph 3. It does NOT mean the interest in land has been acquired.
Schedule 1
Schedule 2 - TP752043X
Schedule 3 - TP220342F
Overview
The Lands Acquisition Act 1989 was enacted to provide a framework for the acquisition of land by the Murray-Darling Basin Authority for public purposes, particularly focusing on environmental management and water resources. The enactment of this Act was prompted by the need to address gaps in the legislative framework that would allow for the effective management and conservation of natural resources within the Murray-Darling Basin. The Murray-Darling Basin Authority, as the acquiring authority, is tasked with making pre-acquisition declarations to outline the specific interests in land being considered for acquisition, as well as the public purpose behind such acquisitions. In this particular instance, the Murray-Darling Basin Authority has issued a pre-acquisition declaration for the acquisition of two easements for flooding on properties in the Parish of Gunbower, Victoria, to facilitate the environmental watering of the Gunbower Forest. This action aligns with the overarching policy objective of the Act, which is to enable the Murray-Darling Basin Authority to manage the release of water for environmental purposes.
Scope and Application
The Lands Acquisition Act 1989 applies to the Murray-Darling Basin Authority, which is the acquiring authority in this case, and to the specified interests in land located in Victoria. This Act governs the process of acquiring land for public purposes, including the declaration of interests in land and the public purpose for which the land is being acquired. In this instance, the Murray-Darling Basin Authority is considering the acquisition of two easements for flooding on two properties in the Parish of Gunbower, Victoria, for environmental watering purposes. The acquisition is intended to facilitate the management and direction of water releases from Gunbower Creek into the Gunbower Forest. This Act extends its application through subordinate instruments, which may provide further detail on the acquisition process and procedures. There are no stated exclusions, exemptions, or thresholds in this particular declaration. However, the suitability of the land for the proposed public purpose is assessed based on its location and its role in supporting the environmental watering of the Gunbower Forest.
Key Provisions
The Lands Acquisition Act 1989, under which the Pre-Acquisition Declaration is issued, establishes the legal framework for the acquisition of land for public purposes. Section 3 of the Act requires the acquiring authority to issue a declaration stating its intention to acquire specified interests in land, the location of the land, and the public purpose of the acquisition (section 3). The declaration in this instance specifies the acquisition of two easements for flooding (section 3), located on properties in the Parish of Gunbower, Victoria (section 2), for the purpose of enabling the Murray-Darling Basin Authority to manage the release of water from Gunbower Creek into the Gunbower Forest for environmental watering (section 4).
The obligations imposed on the Murray-Darling Basin Authority by this Act include the requirement to clearly outline the intended acquisition and the rationale behind it. This is done to ensure transparency and to provide the public with an opportunity to comment on the proposed acquisition. The declaration must detail the land and the interests in the land to be acquired, including the location and description of the properties involved (sections 2 and 3). It must also justify the suitability of the land for the proposed public purpose, which in this case is environmental watering of the Gunbower Forest (section 5). Furthermore, the declaration must provide specifics of the proposed development, such as the rate and duration of water releases (section 6), and explain why the land is deemed suitable for this purpose (section 7).
Failure to comply with the requirements of the Lands Acquisition Act 1989 may result in legal consequences. While the Act does not explicitly detail offences or penalties within the declaration itself, breaches of the Act could potentially lead to legal actions under other sections of the Act or related legislation. For example, improper acquisition processes or misrepresentations in the declaration could be subject to judicial review or other legal challenges. Additionally, if the acquisition process infringes upon the rights of landowners or other stakeholders, it may result in compensation claims or other civil actions. The severity of any penalties or consequences would depend on the specifics of the breach and the relevant legal provisions.