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 34A in Title Plan TP271612P, identified in Schedules 1 & 2. The second property is described as part of Crown Allotment 29A in Title Plan TP743798R, identified in Schedules 1 & 3. Both properties are located in the Parish of Gunbower West, Victoria. These properties are located on Eastons Road and Taylors Road respectively, adjacent to Gunbower National Park, approximately 8 kilometres south-east 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.
Signed by Ned Rokvic (Delegate of the Special Minister of State), 18/11/2013
Schedule 1
Schedule 2
Schedule 3
Note: This Pre-Acquisition 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.
Overview
The Lands Acquisition Act 1989 was enacted to provide a framework for the acquisition of land by authorised authorities for public purposes. This Act was introduced to address the need for a clear, efficient, and fair process for acquiring land when necessary for the benefit of the public. The Murray-Darling Basin Authority, as the acquiring authority in this instance, utilises this Act to facilitate the acquisition of interests in land for environmental purposes, such as managing water resources for ecological benefits. The policy objective behind this acquisition is to ensure that land necessary for the public purpose of environmental watering is available and adequately secured, thereby supporting the sustainable management of natural resources. This declaration outlines the Murray-Darling Basin Authority's consideration of acquiring two easements for flooding, which will enable the release of water into the Gunbower Forest, ultimately benefiting the local ecosystem.
Scope and Application
The Lands Acquisition Act 1989 applies to the Murray-Darling Basin Authority, which is the acquiring authority in this case. The Act enables the acquisition of specified interests in land for public purposes, in this instance, the acquisition of two easements for flooding on two properties in Victoria for environmental watering purposes. The geographic reach of this Act is limited to the Commonwealth of Australia, and it applies specifically to the two identified properties located in the Parish of Gunbower West, Victoria. The Act does not specify any exclusions, exemptions, or thresholds, and it extends its application through subordinate instruments as necessary to facilitate the acquisition process. This declaration does not conclude the acquisition but rather marks the consideration stage, and the authority must follow further legislative requirements to complete the acquisition.
Key Provisions
The Lands Acquisition Act 1989 requires the Murray-Darling Basin Authority to provide a pre-acquisition declaration (section 3) when considering the acquisition of land for a public purpose. This declaration outlines the specific land to be acquired, the interests in that land, the intended public purpose, and why the land is deemed suitable for that purpose. In this case, the declaration (sections 2-7) identifies two properties in the Parish of Gunbower West, Victoria, and the easements for flooding (E-1) on these properties that the Authority is considering acquiring. The public purpose is to manage the release of water from Gunbower Creek into the Gunbower Forest for environmental watering purposes (section 4). The declaration also asserts the suitability of the land for this purpose, given its location on the boundary of the Gunbower Forest and its role in the natural floodplain (section 5).
The obligations imposed on the Murray-Darling Basin Authority by the Act include providing detailed particulars of the land, the interests in the land, and the public purpose for the acquisition. The Authority must also provide reasons why the land appears suitable for the proposed development. This declaration is a formal step that must be undertaken before any acquisition can proceed, ensuring transparency and providing an opportunity for landowners and other stakeholders to understand the Authority's intentions and the rationale behind the proposed acquisition.
Under the Lands Acquisition Act 1989, failure to comply with the requirements for providing a pre-acquisition declaration can result in legal challenges or delays in the acquisition process. While specific offences, penalties, or consequences for non-compliance with the declaration requirements are not detailed in the Act, the overall process is designed to ensure that the authority acts transparently and lawfully. Any failure to adhere to the legislative requirements could potentially undermine the legitimacy of the acquisition, leading to judicial review or other legal actions. The maximum penalties for breaches of the Act, where specified, can include fines and other civil or criminal sanctions, although these specifics are not detailed in the provided text.