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 5,678 hectares of Land, excluding public roads, at Canal Creek in the County of Liebig and Parish of Tilpal in the State of Queensland, being the Land described in the Schedule hereunder (“Land”).
3. The Interests in Land
This declaration relates to the acquisition of all interests in land (including leasehold) and including all improvements on the Land and interests (if any), 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, but excluding all mineral rights and any interest held by:
a. a person with a current or future claim relating to native title interests;
b. 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;
c. 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
d. 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 (Army) in relation to the operations of the Shoalwater Bay Training Area.
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 adjacent to the Shoalwater Bay Training Area, and the acquisition of the Land will enable the expansion of the training area enhancing the overall capability of the training area.
DATED this 15th day of October 2012.
Signed by The Hon Gary Gray AO MP, Special Minister of State
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The Hon Gary Gray AO MP
Special Minister of State
SCHEDULE
Lot 25 in Survey Plan 213742, being the Land contained in Grazing Homestead Perpetual Lease 35/9785 (title reference 17647227) County of Liebig and Parish of Tilpal ; Lot 46 in Crown Plan LBG40179 (title reference 50239306) County of Liebig and Parish of Tilpal; Lot 53 in Survey Plan 213740 (title reference 50739341) County of Liebig and Parish of Tilpal; and Lot 1771 in Survey Plan 213741 (title reference 50739342) County of Liebig and Parish of Tilpal.
The Land forms part of property known as ‘The Springs’. The location of the Land to which this Pre Acquisition Declaration relates is shown hatched on the attached Location Plan.
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.