3. (7)  If the former owner makes an application to the Administrative Appeals Tribunal, the acquiring authority shall not dispose of the interest to a person other than the former owner: (a)  until the end of 14 days after the decision of the Tribunal on the application comes into operation; or. (b)  at least 7 days have elapsed since the requirements of paragraph (a) were satisfied. Notice to persons having an interest. 26  Application for reconsideration of pre‑acquisition declaration. (d)  to institute proceedings under section 82. 59  Interest affected by planning restriction. (2)  To the extent to which those charges are or were payable by the owner as owner of the interest, the Minister may pay those charges. [17 TH JUNE 1996] 1. It outlines the proposed minimum compensation, based on multiples of the market value. No. Land acquisition process under Act No. 5. (3)  For the purposes of subsection (2), if: (a)  the Minister made an offer of compensation to the person; (c)  the amount of compensation determined under this Part is less than the amount of the offer; the payment of the compensation shall be taken to have been delayed through a delay of the person and the day on which the compensation would have been paid but for that delay shall be taken to be the day on which the person received notice of the offer. Where a notice under subsection 98(1) or 101A(1), (2) or (3) is given to a person, the person may, by written notice given to the Minister: 103  Minister to reconsider offer of compensation and to make final offer. (b)  the claimant has not made an application to the Federal Court under section 100 in respect of the rejection of the claim; (3)  Section 29 of the Administrative Appeals Tribunal Act 1975 applies to the application as if the prescribed time for the lodging of the application with the Tribunal were the period of 3 months commencing on the day on which the notice under subsection 98(2) was given, or is to be taken to have been given, to the person. Definition of public purpose. (2)  In reconsidering the amount of compensation to which the person is entitled, the Minister shall have regard to the information included in the notice in accordance with paragraph 102(b). (1)  Subject to this section, the Federal Court may, on an application, extend a period of time fixed by this Act for the doing of any thing on such terms and conditions as it thinks fit. Where the interest of a State or Territory in Crown land of the State or Territory is acquired by compulsory process, the State or Territory is entitled to compensation as if: (a)  it had been the proprietor of an estate in fee simple in the land or of any relevant lesser interest in the land, as the case requires; and. The land AcquisitIon Act. (1)Where the Minister decides under subsection (5) of section 4 that a particular land or servitudeshouldbe acquired under this Act, he shall make a written declaration that such land or servitude is needed for a public purpose , in relation to a mortgage, means the person who is or was entitled to receive payment or repayment of the money secured by the mortgage. (b)  the claimant has not made an application to the Federal Court under section 72 in respect of the rejection of the claim; the claimant may apply to the Administrative Appeals Tribunal for a review of the decision of the Minister to reject the claim. (a)  at least 28 days have elapsed since a pre‑acquisition declaration became absolute; (b)  the declaration is still in force; and. (5)  The interest shall be taken to be available in the market if: (a)  the interest is currently advertised as being available for sale or lease; (b)  the interest is currently listed with a real estate agent, property manager or other person performing similar services as being available for sale or lease; (c)  the owner of the interest has offered it to the acquiring authority in response to a publicly advertised request by the acquiring authority and the owner’s offer has not been withdrawn; or. is the amount of the cost, or the likely cost, to the person of the acquisition of the interest in the new land; is the amount of the expenses and losses incurred, or likely to be incurred, by the person as a result of, or incidental to, ceasing to use the old land and commencing to use the new land for the same purpose; and. Previous enquiry 22 41. A Director of The Land Acquisition Branch and such other officers and employees as may be deemed necessary for the purposes of this Act may be appointed or employed as provided in The Civil Service Act. includes regulations or any other instrument made under that law. 55  Amount of compensation—general principles. Section Interpretation. (5)  For the purposes of this Act, a claim for compensation shall be taken to be made when it is given to the Minister. 81  Determination of compensation by Administrative Appeals Tribunal. Hearing of objections. Section 4 25 Effect of section 24 certificate on pre-acquisition declaration, 26 Application for reconsideration of pre-acquisition declaration, 27 Reconsideration of pre-acquisition declaration, 28 Application for review of pre-acquisition declaration, 29 Application of Administrative Appeals Tribunal Act to applications for review, 31 Considerations to be taken into account on review, 33 Minister to consider Administrative Appeals Tribunal’s recommendations, 35 Correction of mistakes in authorising documents, 36 Consequences of variation of authorising documents, 37 Notification of confirmation or revocation of authorising documents, 39 Owner of interest in land required to disclose existence of authorising documents, 42 Special provision regarding land in public park, 43 When pre-acquisition declaration becomes absolute, 45 Acquisitions not affected by failure to comply with post-acquisition requirements, 46 Disallowance of acquisition of interest in land in public park, 47 Entry into possession by acquiring authority, 48 Notification of compulsory acquisition declarations, 49 Effect of acquisition of mortgage interest on rights of mortgagee, 50 Correction of compulsory acquisition declarations, 51 Registration of compulsory acquisition declarations, 53 Mortgagees may waive rights in respect of mortgage interests, 54 Division does not apply in relation to acquisition of mortgage interests, 55 Amount of compensation—general principles, 57 Special provision where market value determined upon basis of potential of land, 58 No general market for interest acquired, 59 Interest affected by planning restriction, 60 Matters to be disregarded in assessing compensation, 66 Particulars of mortgages may be required, 68 Effect of compensation claim in respect of acquisition of mortgage interest, 69 Amounts paid in respect of mortgage liabilities extinguished by section 68, 70 Minister either to accept claim and offer compensation or to reject claim, 71 Rejection of claims—review by Administrative Appeals Tribunal, 72 Rejection of claims—declaration by Federal Court, 73 Combination of actions under section 72 and proceedings for determination of compensation, 74 Consequences of not seeking review of decision to reject claim, 74A Minister may make offer of compensation where no claim is made, 75 Person may accept or reject Minister’s offer of compensation, 76 Minister to reconsider offer of compensation and to make final offer, 77 Person may accept or reject Minister’s final offer of compensation, 78 Determination of compensation by pre-acquisition agreement, 79 Determination of compensation by post-acquisition agreement, 80 Determination of compensation by arbitration or by expert, 81 Determination of compensation by Administrative Appeals Tribunal, 82 Determination of compensation by Federal Court, 83 Persons not entitled to seek determination of compensation by more than one means, 84 Separate rights of mortgagee and mortgagor to determination of compensation, 85 Advance payment on account of compensation, 88 Relationship between advances on account of, and payments of, compensation, 89 Repayment of advances where no entitlement to compensation, 90 Crediting of amounts of compensation to the Account, 91 Interest payable on compensation—interests other than mortgage interests, 92 Interest payable on compensation—mortgage interests, 95 Entitlement to compensation—exercise of powers under Part III, 96 Entitlement to compensation—pre-acquisition declaration or section 24 certificate made but acquisition not proceeded with, 98 Minister either to accept claim and offer compensation or to reject claim, 99 Rejection of claims—review by Administrative Appeals Tribunal, 100 Rejection of claims—declaration by Federal Court, 101 Combination of actions under section 100 and proceedings for determination of compensation, 101A Minister may make offer of compensation where no claim is made, 102 Person may accept or reject Minister’s offer of compensation, 103 Minister to reconsider offer of compensation and to make final offer, 104 Person may accept or reject Minister’s final offer of compensation, 105 Determination of compensation by agreement, 106 Determination of compensation by arbitration or by expert, 107 Determination of compensation by Administrative Appeals Tribunal, 108 Determination of compensation by Federal Court, 109 Persons not entitled to seek determination of compensation by more than one means, 110 Advance payment on account of compensation, 112 Relationship between advances on account of, and payments of, compensation, 113 Repayment of advances where no entitlement to compensation, 114 Crediting of amounts of compensation to the Account, 116 Federal Court may approve certain acts, 117 Disposals to be in accordance with Part, 118 Vesting of interests in Commonwealth authorities, 120 Disposal may be made subject to reservation of interest, 121 Interest in land to be offered first to former owner, 125 Minister to approve acquisition, disposal etc. (e)  the disposal results from the exercise by the acquiring authority of powers conferred by a mortgage, charge or other similar security over the interest. 2. Section 25. (6)  The Administrative Appeals Tribunal Act 1975 applies to the former owner’s application. Acquisitions where land required urgently etc. 121  Interest in land to be offered first to former owner. Section 21 and 22 of Land (b)  otherwise applied in accordance with the directions of the Court. (3)  If the Minister gives a certificate, the interest may be acquired by the acquiring authority without the preparation of a pre‑acquisition declaration. In this Act- Inrerprda- “Commissioner” means the Commissioner of Lands; hon. (a)  declare that the claimant is entitled to compensation in respect of the loss to which the claim relates; (b)  declare that the claimant is entitled to compensation in respect of some other loss suffered by the claimant; or. (b)  to require the making of a pre‑acquisition declaration in respect of the proposed acquisition would result in a disclosure of information that would be prejudicial to the security, defence or international relations of Australia; the Minister may certify in writing that he or she is so satisfied. Determination of compensation by Administrative Appeals Tribunal. (2)  As a general rule, the compensation to which the owner is entitled in respect of the acquisition shall be determined as if the interest had not been subject to any mortgage. 5. these Sections are: (adsbygoogle = window.adsbygoogle || []).push({}); Section 5 of Land Acquisition Act 1894 "Payment for LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - As at 23 September 2020 - Act 22 of 1991 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. includes additions, omissions or substitutions. (3)  The net acquisition cost, in relation to the interest in the new land, is the amount calculated in accordance with the formula: CA is the amount of the cost, or the likely cost, to the person of the acquisition of the interest in the new land; E is the amount of the expenses and losses incurred, or likely to be incurred, by the person as a result of, or incidental to, ceasing to use the old land and commencing to use the new land for the same purpose; and. Act 486 LAND ACQUISITION ACT 1960 ARRANGEMENT OF SECTIONS Section 1. Compulsory acquisition of rights over land. Name of Act 2. 69 [ 28A Re-determination of the amount of compensation on the basis of the award of the Court. Section 15A, 16 and 17 of Land Acquisition Act Amending laws are annotated in the legislation history and amendment history. 127  General power of Federal Court to adjust rights. Show Related Subordinates . (a)  an authorised person is entitled to exercise powers under this Part in relation to land; and. This Act may be cited as the Land Acquisition Act. Survey and plan of land. 7 Application . (4)  Except as provided by subsection (1), this Act is not intended to affect the making or operation of a law of a Territory of a kind referred to in paragraph (1)(a). 95  Entitlement to compensation—exercise of powers under Part III, (a)  person who owns an interest in land suffers loss because of the exercise, in relation to the land, of powers conferred by Part III; and, (i)  within 3 years after suffering the loss, the person makes a claim for compensation in accordance with section 97 in respect of the loss; or. pre‑acquisition declaration means a declaration under subsection 22(1). 1. (8)  If, on the day on which this Act commences, there are no regulations in effect for the purposes of subsection (1) of this section, section 51 and subsections 53(2) and (2A) of the, Minister to approve acquisition, disposal etc. What is the (b)  the Minister has complied with the requirements of subsection 22(7), sections 23, 36 and 37 and subsection 38(1) in relation to the declaration; the declaration becomes absolute in accordance with this section. (11)  For the purposes of this Act, an interest in land shall be taken to be affected by the declaration if, and only if: (a)  the interest is the same as, includes or is included in, the interest in land specified in the declaration (in this subsection called the declaration interest); or. (b)  by writing reject the recommendation. (b)  retains, in respect of the mortgage debt, any rights and remedies that the mortgagee may have: (ii)  in respect of any interest in land that is still subject to the mortgage. For more information on any modifications, see the series page on the Legislation Register for the compiled law. (2)  The market value of the acquired interest on the day of acquisition shall be taken to be the greater of: (a)  the amount that, apart from this section, would be the market value (if any) of that interest on that day; and. (1)  Subject to this section, where under section 27: (a)  the Minister has confirmed, or is to be regarded as having confirmed, a pre‑acquisition declaration; or. Amount of compensation—general principles.................................. 57.......... Special provision where market value determined upon basis of potential of land. 126  Indexation of subsection 61(2) amount. modifications includes additions, omissions or substitutions. Owner of interest in land required to disclose existence of authorising documents. (ii)  any other person whom the Minister has reason to believe to be a person affected (within the meaning of subsection 41(6)) by the declaration as varied. (ii)  the amount of any interest, costs or charges due to the mortgagee under the relevant mortgage at that time; as does not exceed the amount of compensation payable under this Act to the mortgagor in respect of the acquisition of the interest in land that was subject to the relevant mortgage; and. 101  Combination of actions under section 100 and proceedings for determination of compensation. (b)  in any other case—order that, if the Court makes a declaration under subsection 100(2), the action shall be treated as including proceedings under section 108 for the determination of the amount of compensation payable to the claimant in respect of the loss suffered to which the declaration relates. (1)  An acquiring authority shall not dispose of an interest in land otherwise than in accordance with this Part unless: (a)  because of subsection 5(2), (2A) or (3), this Act does not apply in relation to the disposal; (b)  the regulations provide that this Act does not apply in relation to the disposal, by the acquiring authority, of interests in land in specified circumstances and the disposal is a disposal in those circumstances; (c)  the disposal is authorised by a law of the Commonwealth (including a law passed or made after the commencement of this Act) and that law, or another law of the Commonwealth, expressly provides that the first‑mentioned law has effect despite anything contained in this Act; (d)  the disposal is effected by a law of the Commonwealth; or. This Act may be cited as the Lands Acquisition Act 1989. LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - As at 23 September 2020 - Act 22 of 1991 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. (4)  The claimant may, in writing and before the end of the period of 42 days referred to in subsection (3), agree to an extension of that period. Section 14 and 15 of Land 82  Determination of compensation by Federal Court. 2 Commencement. Commencement 3. 74  Consequences of not seeking review of decision to reject claim. (4)  The terms and conditions (including any amount payable in respect of occupation on and after the date of acquisition) on which the person remains in occupation of the land are the terms and conditions agreed upon by the Minister and the person or, if they cannot agree, the terms and conditions as determined by the Minister and set out in a notice given to the occupier. 84  Separate rights of mortgagee and mortgagor to determination of compensation. What is (2)  In assessing the amount of compensation to which the person is entitled, regard shall be had to all relevant matters, including: (a)  except in a case to which paragraph (b) applies: (i)  the market value of the interest on the day of the acquisition; (ii)  the value, on the day of the acquisition, of any financial advantage, additional to market value, to the person incidental to the person’s ownership of the interest; (iii)  any reduction in the market value of any other interest in land held by the person that is caused by the severance by the acquisition of the acquired interest from the other interest; and. (c)  another person (in this section called the unauthorised person) is in possession of the land, otherwise than under a subsisting lease or agreement, or a right of occupancy under section 47. 108  Determination of compensation by Federal Court. (3)  Except where the interest is a restriction on the use of land, the Minister shall include in the declaration: (a)  a statement that the land appears to the Minister to be suitable for use, or for development for use, for a public purpose; and, (i)  particulars of the use to which the land will be put or for which it will be developed; and. 90  Crediting of amounts of compensation to the Account. (2)  For the purposes of this Division, the interest due to the mortgagee under a mortgage at a particular time is the interest that would be payable to the mortgagee if the mortgage were discharged at that time, other than so much (if any) of that interest as represents: (a)  costs of re‑investing the principal under the mortgage; or. (ii)  the reasons why the land appears to be suitable for that use or for development for that use. (5)  The powers conferred on the Court by this section are in addition to, and not in derogation of, any other powers of the Court, whether conferred by this Act or otherwise. Upon the publication of a notification under section 5 (1) declaring that any land is needed for the purpose specified in the notification, the Minister or an officer authorised by the Minister in that behalf shall direct the Collector to take proceedings for the acquisition of the land. (a)  an interest in land has been acquired from a person by compulsory process; (b)  the amount of compensation payable to the person in respect of the acquisition has been determined in accordance with Division 5; and. (2)  An application may be made to the Court at any time after the commencement of the action, whether before or after the making of a declaration under subsection 72(2). LAND ACQUISlTION 5 cap. (2)  The power to take sand, clay, stone, earth or gravel is not exercisable in respect of a quarry, brick pit or other like place worked or used for getting materials for the purpose of sale. (6)  Interest is not payable to the claimant on the whole or any part of the compensation payable otherwise than in accordance with this section. There are currently no known outstanding effects for the Acquisition of Land Act 1981, Section 8. Whereas il is expedient 10 amend the law for the Acquisition of Land needed for public purposes and for companies and for dClcmimining the amount ofcompensation to be made (b)  as soon as practicable, cause a copy of the certificate to be served on each person whom the Minister believes, after diligent inquiry, to be a person affected by the certificate. mortgage interest means the interest in land of a mortgagee under a mortgage. (a)  shall be in the form approved by the Minister for the purposes of this subsection; (i)  the interest of the person that has been acquired by compulsory process; (ii)  the amount of compensation the person claims in respect of the acquisition; and. s 4........................................ s 5........................................ s 6 ....................................... am No 152, 1997; No 8, 2005; No 59, 2015. s. 12 .................................... s. 21..................................... am. 23  Publication of pre‑acquisition declarations. means a purpose in respect of which the Parliament has power to make laws and includes, in relation to land in a Territory, any purpose in relation to the Territory. Of not seeking review of decision to reject claim ) it extends to the Account also applies in relation land. Welcome to the claimant rejected the offer ; and local authority or.. 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